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Res P-07-03 RESOLUTION NO. P-07-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) 86-11 M, VARIANCE (VAR) 06-12 AND DEVELOPMENT REVIEW (DR) 04-11 R ASSESSOR'S PARCEL NUMBERS: 275-461-04,275-470-01,06,10 and 26 WHEREAS, CUP 86-11M, VAR 06-12 and DR 04-11R, submitted by Palomar Pomerado Healthcare District, is a request for approval of Phase 2 of the Pomerado Hospital Expansion which consists of a new, five-story, 148,000-square-foot building attached to the existing Hospital; a separate 30,OOO-square-foot addition to, and remodel of, the existing Hospital; relocation of the existing helistop; and construction of retaining walls up to 10 feet in height, which are greater than the 6-foot height limit. Pomerado Hospital is located at 15615 Pomerado Road in the Hospital Campus (HC) zone; and WHEREAS, the existing Pomerado Hospital facility was originally approved and developed prior to City incorporation under entitlements granted by the County of San Diego under P74-018 on April 19, 1974, for a five-story hospital with up to 300 beds; and WHEREAS, the Pomerado Hospital facility and its entitlements were modified after its original approval pursuant to follow-up approvals granted by the City of Poway under P74-018M on February 16, 1982; CUP 85-06 on June 4, 1985; CUP 85-12/MDRA 85-70/DR 85-08/DR 85-16 on January 7, 1986; CUP 85-13 on January 7, 1986; CUP 86-11/MDRA 86-83 on November 11, 1986; CUP 92-02 on April 21, 1992; P-74-018M2/ MDRA 90-54/MDRA 92-39 on November 10, 1992; CUP 92-02M/MCUP 05-05/DR 04-11/VAR 05-13/TPM05-04 on November 29,2005; and WHEREAS, CUP 86-11 was approved by the City Council on April 21, 1992, forthe use and the relocation of a helistop on the site, and CUP 86-11 M involves a request for approval of the relocation of that helistop approximately 70 feet west of its existing location; and WHEREAS, DR 04-11 was approved for Phase 1 of a major Hospital expansion consisting of a request to construct an approximate 172,000-square-foot, five-story, attached addition to the existing five-story hospital building for an outpatient services facility and doctors offices, a 1,200-space parking structure, and other related miscellaneous site improvements; and DR 04-11 R involves a request for approval of Phase 2 of the Hospital expansion consisting of a new, five-story, 148,OOO-square-foot building addition to the Hospital; a separate 30,000-square-foot addition to, and remodel of, the existing Hospital; and WHEREAS, VAR 06-12 involves a request to allow retaining walls on the site to be up to 10 feet high in conjunction with the new helistop pad and the Phase 2 building additions; and Resolution No. P-07-03 Page 2 WHEREAS, on February 6,2007, 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: Palomar Pomerado Healthcare District has acted as the Lead Agency as provided under the California Environmental Quality Act for the purposes of conducting an environmental review of the project. The City of Poway is the Responsible Agency for approving the project. The City Council considered the Environmental Initial Study (EIS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program adopted by the Palomar Pomerado Healthcare District Board of Directors on November 15, 2005, for the Hospital expansion in the City Council's approval of Phase 1 of the Hospital expansion on November 29, 2006. Palomar Pomerado Healthcare District Board of Directors has adopted an addendum to the original EIS and MND on December 11,2006 to address changes to Phase 2 of the Hospital expansion. The City finds that the original MND, the Addendum to the MND, and the original Mitigation Monitoring Program are adequate for use by the City in its role of Responsible Agency in approving Phase 2 of the Hospital expansion. The Addendum to the EIS and MND documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment, that the mitigation measures contained in the original MND will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City. Section 2: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve the project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below: 1. Roadway improvements off-site and a traffic signal at Pomerado Road and Monte Vista Road will be constructed. 2. A looped water line will be constructed to serve the development. 3. On-site drainage improvements will be constructed to handle the surface water runoff. 4. Fire hydrants will be constructed to serve the development and provide fire protection pursuant to the recommendation of the project's water systems analysis. Resolution No. P-07-03 Page 3 5. Water and sewer fees will be paid. On-site and off-site improvements will be made to provide water and sewer service to the development. 6. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code, for DR 04-11 R are made as follows: A. That the project is consistent with the Poway General Plan in that it involves the construction of a five-story addition to the existing five-story hospital as provided for in the General Plan. B. That the project will not have an adverse health, safety, or aesthetic impact upon adjoining properties in that the project's infrastructure improvements, grading, and construction are in full compliance with the Poway Municipal Code. C. That the development encourages the orderly and harmonious appearance of structures and property within the City as the surrounding properties consist of a mix of medical commercial, institutional, and medium density residential land uses. Section 4: The findings, in accordance with Section 17.48 of the Poway Municipal Code, for CUP 86-11 M are made as follows: A. The proposed location, size, design, and operating characteristics of the project are in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the Poway General Plan, and the development policies and standards of the City, in that the project complies with City design and developments standards. B. The location, size, design, and operating characteristics of the project will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, buildings, or structures. C. The proposed project will be in scale, bulk coverage and density consistent with adjacent uses in that it is an addition to an existing hospital. D. There are adequate public facilities, services, and utilities to serve the project with the provision of improvements as required by the Conditions of Approval. E. There will not be a hanmful effect upon the desirable surrounding property characteristics in that the project is located on a site with a developed hospital. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Resolution No. P-07-03 Page 4 Plan with the provision of on- and off-site circulation improvements as required by the conditions of approval. G. The site is suitable for the type and intensity of the proposed development in that the project is consistent with surrounding medical and health related businesses. H. There will not be significant harmful effects upon environmental quality or natural resources in that the proposed project will mitigate impacts to natural habitat pursuant to the Poway Subarea Habitat Conservation Plan. I. The proposed project will comply with each of the applicable provisions of the Zoning Ordinance and the General Plan. Section 5: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to approve Variance 06-12 to allow retaining walls up to 10 feet in height in conjunction with construction of the helistop pad and Phase 2 building additions are made as follows: A. That there are special circumstances applicable to the property and because of this, the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification in that the subject site is constrained with sloping topography and flatter more developable property is necessary in order to accommodate the helistop relocation and the Phase 2 building additions; and, B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and not afforded to the property for which the Variance is sought because the Variance will allow the development potential appropriate to a site zoned as Hospital Campus; and, C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the proposed retaining walls will not be readily visible to the public and will not be visible from a public right-of-way or adjacent properties; and, D. That the granting of this Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone because the subject site is the only property zoned Hospital Campus in the City; and, E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the zone because the retaining wall is to be built in conjunction with a parking structure which is an allowable use in the Hospital Campus zone; and Resolution No. P-07-03 Page 5 F. That the proposed Variance will be compatible with the City's General Plan because the use is permitted in the zone. Section 6: The City Council hereby approves Phase 2 of the Pomerado Hospital expansion comprised of the following entitlements: DR 04-11 R consisting of a five-story, approximately 148,OOO-square-foot building attached to the existing five-story hospital building; a separate 30,000-square-foot addition to, and remodel of, the existing Hospital; and other related miscellaneous site improvements; VAR 06-12 for retaining walls on the site to be up to 10-feet high; and CUP 92-02M for the relocation of the existing helistop on the site as shown on, and described in more detail, plans dated September 30, 2006, subject to the following: A. The project shall comply with all conditions of approval and mitigation measures established under prior project entitlements unless otherwise modified by the Conditions of Approval contained herein. B. Conditions of Approval for specified circulation related improvements as identified City Council Resolution P-05-80 may be phased concurrently with certain specified phases of construction as their necessity is warranted. The phasing needs to be further analyzed and justified by a Transportation Improvement Phasing Plan (TIPP) to be prepared by the project Traffic Engineer and approved by the Director of Development Services. The applicant shall submit a Transportation Improvements Phasing Plan (TIPP), prepared by a Traffic Engineer, for the approval ofthe Director of Development Services. Section 7: The approval of the project shall expire on February 6, 2009, at 5:00 p.m., unless, prior to that time, a Building Permit and construction on the property in reliance on this approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 6th day of February 2007. , Mayor ATTEST: ~~ Resolution No. P-07-03 Page 6 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-07-03 was duly adopted by the City Council at a meeting of said City Council on the 6th day of February 2007, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, CAFAGNA NOES: NONE ABSENT: BOYACK, REXFORD DISQUALIFIED: NONE ~~~ L. Diane Shea, City Clerk City of Poway