Res 21-101RESOLUTION NO. 21-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
21-003, A REQUEST TO MODIFY AN APPROVED MIXED -USE
DEVELOPMENT (DEVELOPMENT REVIEW 17-010) LOCATED
AT 13249-13253 POWAY ROAD. ASSESSOR PARCEL NUMBER
317-473-20
WHEREAS, the City Council considered Development Review (DR) 21-003; a request to
modify DR17-010, an approved mixed -use development at 13249-13253 Poway Road in the
Town Center (TC) district of the Poway Road Specific Plan (PRSP) area. The modified project
includes 15,871 square feet of commercial space and 72 residential dwelling units, including nine
affordable units. This is a reduction of 24,342 square feet of commercial space and an increase
of 19 dwelling units from the previously approved project. The applicant is requesting a density
bonus to exceed the allowable density for the TC land use district;
WHEREAS, on March 6, 2018, the City Council approved DR17-010, a proposed mixed -
use development project consisting of approximately 40,000 square feet of commercial space,
including a 20,025-square-foot fitness center, and 53 residential units, with two levels of
underground parking, and other site improvements located on an approximate one and one-half
acre site;
WHEREAS, on December 7, 2021, the City Council held a public meeting to solicit
comments from the public, both for and against, relative to this application; and
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
meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: An Environmental Impact Report (EIR) was prepared pursuant to the
California Environmental Quality Act (CEQA) in conjunction with the Poway Road Specific Plan
and was certified by the City Council on December 5, 2017. The EIR analyzed the potential
impacts of the proposed build out of the Poway Road Specific Plan area in the manner permitted
by the Specific Plan. This Project is consistent with the Poway Road Specific Plan and conforms
with the requirements, development standards and guidelines therein, and, therefore, as set forth
in Section 8.2 of the Poway Road Specific Plan, no further environmental analysis is required
because the Project's impacts have already been analyzed in, and are fully covered by, the
previously certified EIR. The City Council finds 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.
SECTION 2: The proposed Project is consistent with the Poway Road Specific Plan
generally, including the Town Center district designation, and further, the proposed Project
qualifies for Tier 2 height and density bonuses (Table 3-4) because the Project includes lot
consolidation and at least two community benefits (internal pedestrian passageway and
restaurant row), as that term is used in the Poway Road Specific Plan. Therefore, the City Council
finds that the proposed Project will result in the following:
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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 a unique mix of housing types (including nine affordable to low-income
households) consisting of apartments, lofts, townhomes, and live -work units that are
located in proximity to civic, retail and commercial service uses.
SECTION 3: The findings for DR 21-003, in accordance with the Poway Municipal Code
(PMC) 17.52.010 Purpose of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible with surrounding
development and conforms to the Poway Road Specific Plan development standards and
design guidelines. 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 Poway Road Specific Plan.
Therefore, the proposed 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 Poway Road Specific Plan except as
required by State Density Bonus Law (Section 65915 of the California Government Code).
Per adopted State Density Bonus requirements (Gov. Code § 65915 et seq.), the City is
required to grant a density bonus for housing developments that provide a minimum of 10
percent of the housing units as affordable to low-income households. For housing
developments that provide 16 percent of the maximum allowable units, a density increase
of 29 percent shall be granted.
SECTION 4: 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
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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 5: City Council Resolution P-18-06 remains in full force and effect and applies
to DR 21-003 except as modified herein.
SECTION 6: The City Council hereby approves DR 21-003, as shown on the approved
plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A"
and dated December 7, 2021 on file in the Development Services Department, except as noted
herein, subject to the following conditions:
A. Prior to building permit issuance, unless other timing is indicated, the following
conditions shall be complied with:
1. The public improvement plans shall be revised to no longer propose the addition
of a new public streetlight at station 2+80.26 along Poway Road. Instead, the
existing streetlight at the northwestern corner of the project site along Poway Road
shall be replaced, as close as possible to the existing location, with a new
streetlight per the Poway Road Specific Plan standards.
2. The public improvement plans shall be revised to include a sidewalk scoring
pattern approved by the City Engineer or Director of Development Services.
3. Revisions needed to the Storm Water Quality Management Plan due to project
modifications shall be provided and approved. The property owner shall execute
a revised Storm Water Management Facilities Maintenance Agreement if needed.
4. The applicant shall be required to enter into with the City and record a density
bonus agreement and a regulatory agreement prepared by the City Attorney to
ensure that the nine affordable units remain affordable to low income households
(whose household incomes do not exceed 80% of the area median income for San
Diego County) for the entire 55-year affordability term, pursuant to all applicable
requirements of Poway Municipal Code Section 17.26.620 and the California
Density Bonus Law, including, without limitation, the standards/process for
marketing the affordable units for initial lease -up, verifying tenant incomes,
monitoring continued affordability of the units, marketing and filling vacancies, and
setting forth restrictions and enforcement mechanisms in the event of failure to
maintain affordability provisions.
5. A fire sprinkler plan resubmittal is required in accordance with the PMC reflecting
the required changes made to the sprinkler design based on the changes made to
the structure.
6. A reciprocal public access easement shall be provided for the pedestrian
connection to the adjacent property to the south to the satisfaction of the Director
of Development Services.
B. Prior to occupancy, the following conditions shall be complied with:
1. Pedestrian and vehicular oriented wayfinding signage (e.g., hanging, wall,
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directory, pedestal, monument signage) and pedestrian oriented lighting shall be
provided to adequately guide patrons to the live -work units, food hall, commercial
spaces, and residences from the street and the parking garage. Sign permits are
required where appropriate.
2. Provide pedestrian oriented lighting in all common areas including areas for the
live -work units to guide the public to these areas.
3. 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.
4. Landscape shall be provided per Poway Road Specific Plan guidelines.
C. Upon occupancy the following conditions shall apply:
1. All physical elements of the project shown on the approved building and landscape
plans shall be substantially maintained per the approved plans, except as noted
herein, to the satisfaction of the Director of Development Services.
2. All landscaped areas on -site 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.
3. Immediate removal of graffiti and any other type of offensive debris is required.
4. Any fences, walls or signs proposed for this development shall be designed and
approved in conformance with the PRSP and to the satisfaction of the Director of
Development Services.
5. Uses established on the subject property shall comply with all PRSP standards
applicable to the property for the life of the project.
6. Units 118, 119, 120, 121, and 122 may be used as commercial space if sufficient
parking is available on -site and a business certificate is obtained.
7. Affordable Units shall be restricted to low-income households for a period of 55
years.
8. All units shall be rented as a single -housekeeping unit in accordance with the
Poway Municipal Code definition. Rental of individual rooms is prohibited.
9. All doors to the Food Hall shall remain open during business hours.
10. Per the incentives for the increased density and height allowances, a Deed
Covenant shall be prepared that the pedestrian areas shall remain accessible and
useable by the public (i.e. no gate, wall, or other form of separation or restriction
of access), and that future use of the restaurant spaces identified in the approved
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plans stamped "Exhibit A" on file at the Development Services Department shall
be restricted to restaurant uses. The Deed Covenant shall be prepared to
satisfaction of the Director of Development Services. A minimum two restaurants
with a minimum 80 seat capacity shall be retained on -site at all times.
11. Parking spaces for the commercial, food hall and residential guests shall be
marked as for these uses.
12. Outdoor dining and art and retail displays are permitted in internal pedestrian
passageway areas provided State requirements for accessibility are adhered to.
SECTION 7: The approval of DR 21-003 shall expire December 7, 2023, at 5:00 p.m.,
unless prior to that time 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.
SECTION 8: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 7th day of December, 2021 by the following vote, to wit:
AYES: MULLIN, FRANK, LEONARD, VAUS
NOES: GROSCH
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Cle