Res P-08-01
RESOLUTION NO. P-08-01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 07-05,
DEVELOPMENT REVIEW 07-02 AND VARIANCE 07-06,
AND RESCINDING RESOLUTION NO. 00-37
ASSESSOR'S PARCEL NUMBER 275-460-64
WHEREAS, a request for Conditional Use Permit (CUP) 07-05, Development
Review (DR) 07-02 and Variance (VAR) 07-06 were submitted by Kit Ashley,
CCAlArchitects to demolish an existing structure, and construct and operate a new 24-
bed assisted living facility/ convalescent home at 12708 Monte Vista Road, in the
Commercial Office (CO) zone. The request includes a Variance to: (1) allow an
assisted living facility on the 0.48-acre property where two acres is the minimum lot size
for this use, (2) allow a six~foot-high open fence in the front yard where four feet is the
maximum height allowed, and (3) waive the requirement for an eight-foot-high wall on
the east property line shared with a residentially zoned property; and
WHEREAS, the City Council has read and considered the Agenda Report for the
proposed project and has considered other evidence presented at the public hearing;
and
WHEREAS, on January 15, 2008, the City Council held a public hearing on the
above-referenced item.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: An Environmental Initial Study (EIS) was completed for the project. It was
determined that the project will not have a significant adverse impact on the
environment. The City Council therefore approves a Negative Declaration (ND) for the
proposed uses.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code, for CUP 07-06, to allow an assisted living facility to be located at 12708
Monte Vista Road as follows:
A The proposed assisted living facility is consistent 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, and the development policies
and standards of the City in that convalescent home uses are permitted in the
CO zone with a Conditional Use Permit; and
B. The location, size, design and operating characteristics of the assisted living
facility will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses as the facility is surrounded by other convalescent
home facilities; and
Resolution No. P-08-01
Page 2
C The harmony in scale, bulk, coverage and density of the assisted living facility
will be consistent with adjacent uses because the site will be developed with
facilities and buildings that have been designed to be compatible with
surrounding structures; and
D. The proposed assisted living facility use will not affect existing public facilities,
services and utilities at the site; and
E. The proposed assisted living use will not have a harmful effect upon desirable
neighborhood characteristics because the building design and landscaping will
be consistent with the surrounding development; and
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 Plan in that the increase in traffic from the assisted living facility will not
be significant given the existing traffic volumes and flows in the area; and
G. The site is suitable for the type and intensity of use in that the assisted living
facility is consistent with surrounding uses. The size and scope of the facility
conforms to development standards, except as provided for by a Variance as
discussed below; and
H. The proposed development will not have significant harmful effects upon
environmental quality and natural resources; and
I. There are no other relevant negative impacts of the development that cannot be
mitigated; and
J. The proposed assisted living facility use 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; and
K. The proposed assisted living facility use will comply with each of the applicable
provisions of Title 17 of the Poway Municipal Code, except as provided for by a
Variance as discussed below.
Section 3: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code, to approve Variance 07-06 for a proposed assisted living
facility/convalescent home at 12708 Monte Vista Road, in the CO zone to: (1) allow an
assisted living facility on the OA8-acre property where two acres is the minimum lot size
for this use, (2) allow a six-foot-high fence in the front yard where four feet is the
maximum height allowed, and (3) waive the requirement for an eight-foot-high wall on
the east property line shared with a residentially zoned property, are made as follows:
Resolution No. P-08-01
Page 3
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: (1) the minimum 2-acre lot size is not needed to ensure
compatibility of the use with surrounding commercial uses because the subject
site is adjacent to two other care facilities and the project has been designed with
underground parking to ensure adequate open area onsite; (2) a six-foot-high
fence that is open is allowed in the City's residential zones and is appropriate for
the proposed use in that it will not detract from the openness of the front yard
area; and (3) an eight-foot-high wall along the east property line is not feasible
due to a 20-foot-wide access easement along the east property line, and the wall
is not needed as a buffer because the adjacent residentially zoned property to
the east is developed with a convalescent home; and
B. Granting the Variances are necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners, in that: (1 )
neighboring properties, one of which are less than two acres in size, are
developed with convalescent homes; (2) neighboring properties have secure
yards for residents; and (3) a buffer wall adjacent to the neighboring
convalescent home is not needed since it is a similar use; and
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that: (1) the small facility is surrounded by
similar uses and the underground parking will allow for sufficient recreational and
landscaped area for the use; (2) the 6-foot-high, open, decorative fence will allow
for viewing of onsite landscaping and the building as seen from the street; and
(3) the two neighboring uses are similar and the absence of the wall will not
impact the adjacent property; and
D. That granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in
that neighboring properties both located in the Commercial Office or Rural
Residential C zones are developed with convalescent homes; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the CO zone because a convalescent home is permitted with
approval of a CUP; and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, for DR 07-02 are made as follows:
Resolution No. P-OS-01
Page 4
A The project is consistent with the Poway General Plan and has been designed to
comply with Commercial Office standards, except for the. lot size, fencing height
and absence of a buffer wall, for which a Variance can be supported; and
B. The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the project's infrastructure improvements, grading and
building are in compliance with all City development standards; and
C. That the project is in compliance with the Zoning and Grading Ordinances in that
the project complies with all City development standards, except the lot size,
fencing height and absence of a buffer wall, for which a Variance can be
supported; and
D. That the development encourages the orderly and harmonious appearance of
structures and property within the City as the proposed structure is consistent
with and complementary to nearby developed properties.
Section 5: 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 Poway General Plan, as well as City Ordinances, because all
necessary services and facilities will be available to serve this project. The
payment of fees toward public improvements 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 water, sewer, and traffic mitigation fees,
which are assessed on a pro-rata basis to finance and provide public
infrastructure improvements to promote a safe and healthy environment
for the residents of the City.
Section 6: The City Council hereby approves CUP 07-05, DR 07-02 and VAR 07-06;
a request to demolish an existing structure, and construct and operate a new 24-bed
assisted living fa ci I ity / conva lesce nt home at 1270S Monte Vista Road, in the
Commercial Office (CO) zone. The approval also includes a Variance to: (1) allow an
assisted living facility on the O.4S-acre property where two acres is the minimum lot size
for this use; (2) allow a six-foot-high, decorative iron fence in the front yard where four
feet is the maximum height allowed; and (3) waive the requirement for an eight-foot-high
wall on the east property line shared with a residentially zoned property. The approval
is based on plans submitted on October 1S, 2007, and is subject to the following
conditions:
Resolution No. P-OS-01
Page 5
(Planning)
A Approval of this Conditional Use Permit, Development Review and Variance shall
apply only to the subject project, and shall not waive compliance with all other
Sections of the Zoning Ordinance and all other applicable City Ordinances in
effect at the time of Building Permit issuance.
B. Within 30 days of the date of this approval: (1) the applicant shall submit in
writing that all conditions of approval have been read and understood; and, (2)
the property owners shall execute a Covenant Regarding Real Property.
C The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
commercial and residential uses.
D. The terms and conditions of Conditional Use Permit 07-05, Development Review
07-02 and Variance 07-06 shall be binding upon the permittee and all persons,
firms and corporations having an interest in the property subject to these permits
and the heirs, executors, administrators, successors and assigns of each of
them, including municipal corporations, public agencies and districts.
E. Conditional Use Permit 07-05 shall be subject to annual review, as determined
by the Director of Development Services, for compliance with the conditions of
approval and to address concerns that may have occurred during the past year.
F. Any changes increasing the intensity of the use of the operation beyond what is
being approved shall be considered as a major revision to the Conditional Use
Permit and shall require City Council to approve the request.
G. Prior to Grading Permit issuance, the applicant shall complete the following:
(Engineering)
1 A grading plan, prepared on a City of Poway standard mylar sheet,
preferably at a scale of 1" = 20', shall be submitted, along with a Grading
Permit application and applicable fees, to the Development Services
Department Engineering Division. A grading plan submittal list is available
at the Development Services front counter. As a minimum, the grading
plan shall include the following:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from open space areas and property lines.
Buildings shall be located at least five feet from tops and toes of
slopes, unless waived by the Planning Division and/or Engineering
Division prior to issuance of a Grading Permit
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Page 6
b. Paving of the parking lot shall conform to the standards set forth in
Section 12.20.080 of the Poway Municipal Code.
c. Proposed driveway access in compliance with the specifications
provided in Section 17.08.170D of the Poway Municipal Code,
including the minimum structural section together with its elevations
and grades. The driveway approach shall comply with the Regional
Standard Drawings.
d. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for an onsite de-
silting basin with a volume based on 3,600 cubic feet per tributary
acre drained.
e. Locations of all utility improvements (existing and new), together
with their easements. No encroachments are permitted upon any
easement.
f. Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City prior to
any installation work.
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan.
3. A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan The drainage system shall be capable of
handling and the disposing of all surface water within the project site and
all surface water flowing onto the project site from adjacent lands. Said
system shall include all easements required to properly handle the
drainage. Large concentrated flows over the driveway, and into the street
shall be avoided.
4. The following easements described from Land America Southland Title
Company, Order No. 36332712 and Easement 83-344601 on the plans,
and no structure(s) shall be built over them.
a. 84-318631
b. 81-409649
5. This project is subject to the Standard Urban Stormwater Mitigation Plan
(SUSMP) for construction and post-construction. The grading plans shall
include the provision of post-construction SUSMP devices, as approved
Resolution No. P-OS-01
Page 7
by the City Engineer, as well as post-construction maintenance of SUSMP
devices.
6. The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
7. Grading securities in the form of a performance bond and a cash deposit,
or a letter of credit shall be posted with the City prior to grading plan
approval. A minimum $5,000 cash security deposit is required.
S Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to the satisfaction of the Director of Development
Services, and a Blasting Permit shall be obtained from the Engineering
Division. Seismic recordings shall be taken for all blasting. Blasting shall
occur only at locations and levels approved by the Director of
Development Services.
9. The applicant shall attend a pre-construction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for sediment control shall be provided using the following
guidelines, as directed by the Engineering Inspector:
a. Provision of an onsite de-silting basin with a volume based on
3,600 cubic feet per tributary acre drained.
b. Covering of all flat areas with approved mulch.
c. Installation of an earthen or gravel bag berm that retains three
inches of water over all disturbed areas prior to discharge,
effectively creating a de-silting basin from the pad.
10. Prior to start of any work within City-held easements 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.
(Planning)
11. The locations and sizes of all utility boxes and vaults within street rights-
of-way shall be shown on the grading plans and screening shall be
provided to the satisfaction of the Director of Development Services.
12. All new and existing electrical/communication/CATV utilities, if any, shall
be installed underground prior to installation of concrete curbs, gutters and
sidewalks, and surfacing of the streets. The applicant/developer is
Resolution No. P-OS-01
Page S
responsible for complying with the requirements of this condition, and shall
make the necessary arrangements with each of the serving utilities.
13. A Tree Removal Permit approval shall be obtained prior to removal of any
trees. Trees approved for removal must be replaced according to the
City's Urban Forestry Ordinance.
14. Submit landscape and irrigation plans to the Planning Division for review
and approval consistent with the City of Poway Guide to Landscape
Requirements to the satisfaction of the Director of Development Services.
The landscape and irrigation plan shall identify plant species, sizes, and
automatic irrigation for all areas to be planted. A plan check review fee
is required at the time of initial submittal of the plans. The plans shall
address the following:
a. Install a dense landscape screen along the perimeter of the
property line. The screen shall consist of 15-gallon evergreen
trees, 20 feet on-center and shrubbery.
b. The landscape plans shall incorporate the tree replacement
requirements of any Tree Removal Permits.
c. Install vines to soften the appearance of the trash enclosure walls.
d. Screening of above ground utility boxes.
e. Street trees.
f. If construction of the facility does not commence within 90 days of
completion of grading, all manufactured slopes steeper than 5:1
shall be hydroseeded and irrigated to the satisfaction of the Director
of Development Services.
H. Prior to the issuance of a Building Permit, the applicant shall comply with the
following.
1. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. The applicant shall comply with the latest adopted Uniform
Building Code, National Electric Code, and all other applicable codes and
ordinances in effect at the time of Electrical/Building Permit issuance.
2 The locations of any new utility boxes over three feet in height shall be
noted on the plans.
Resolution No. P-08-01
Page 9
3. 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.
(Engineering)
4. Erosion control, including, but not limited to, de-silting basin(s), shall be
installed and maintained by the property owner throughout construction of
the project
5. Grading shall be in accordance with the Uniform Building Code, the City
Grading Ordinance, the approved grading plan, the approved soils report,
and grading practices acceptable to the City.
6. Prior to delivery of combustible building materials, onsite water and sewer
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems.
7. Rough grading is to be completed and meet the approval of the City
inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the engineer
of work.
b. A final soil compaction report for review and approval by the City.
8. The applicant shall post the following fees to the City. Fees are subject to
change without further notice. The actual amounts to be paid shall be
those in effect at the time of payment:
Water 1 inch 1 Y, inch
Meter $ 270 $ 600
Expansion Fee $6,678 $10,388
Service Line $1,430 $ 1,430
SDCWA Capacity" $6,922 $12,978
SDCWA Water Treatment Capacity" $ 266 $ 498
"To be paid by separate check, payable to the SDCWA
Sewer connection fee = $26,269.40
Based on (9,320SF ,;- 2,000 SF/EDU)($2,356.00/EDU)= $10,979.00 or
(# of Fixture Units /4) X $ 2,356 whichever is greater,
Sewer Line Charge = $2,80000
Resolution No. P-08-01
Page 1 0
Sewer c1eanout fee = $50.00 per cleanout
Sewer cleanout inspection fee = $25.00 per c1eanout
Traffic Impact = $ 858
52trips X $66/Trips X 0.25 = $858
Drainage = $1,20000
Park = N/A
The applicant may be credited for fees already paid for the existing
building. It is incumbent upon the applicant to provide documentation of
fees already paid.
9 Prior to start of any work within City-held easements 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.
(Planning)
10. Any signs proposed for this development shall be designed and approved
in conformance with the Sign Ordinance under a separate Sign Permit
11. All exterior lighting shall be in conformance with Section 17.10.150.H of
the Poway Municipal Code.
12. Exterior building materials and finishes shall reflect the approved
elevations on file with the City and the conditions of approval, and shall be
noted on the building plans, to the satisfaction of the Director of
Development Services.
13. 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 and sound buffered from
adjacent properties, to the satisfaction of the Director of Development
Services.
I. Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
UBC Standard 15-2, and City of Poway Ordinance No. 64 and its
amended Ordinance No. 526.
Resolution No. P-08-01
Page 11
2. The building shall display its numeric address in a manner visible from the
access street Minimum size of the building numbers shall be six inches
on the front facade 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's Dept - ASTREA criteria.
3. The building will be required to install an approved fire sprinkler system
meeting P.M.C. requirements. The entire system is to be monitored by a
central monitoring company. Double detector check valve assembly and
system post indicator valve(s) with tamper switches shall also be
monitored. The City Fire Marshal prior to installation shall locate these fire
protection devices.
4. A properly licensed contractor shall install an automatic fire alarm system
to approved standards. System shall be completely monitored by a U.L.
listed central station alarm company or proprietary remote station.
5. A hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. Plans to be submitted and approved,
prior to installation.
6. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A breakaway padlock shall be
required for the fire sprinkler system Post Indicator Valve.
7. 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.
8. Permanent access roadways for fire apparatus shall be designated as
"Fire Lanes" with appropriate signs and curb markings.
9. Minimum 2A:10BC fire extinguisher required for every 3,000 square feet
and 75' 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 feet 8 inches wide by 4 feet 3 inches deep.
11 If medical gases will be used in this building, they shall be installed to
meet requirements of Uniform Fire Code Article 74-Compresses Gases.
12. The addition of onsite fire hydrants may be required. The City Fire
Marshal shall determine the location of the hydrants.
Resolution No. P-OS-01
Page 12
13. Prior to delivery of combustible building materials onsite, 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.
14. 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.
J. Prior to occupancy, or as otherwise noted, the following shall be complied with:
1. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City Departments will be
required.
(Engineering)
2. The applicant shall execute and record an agreement for maintenance of
the Best Management Practices devices as required by the Standard
Urban Stormwater Mitigation Plan (SUSMP) Ordinance.
3. Driveways, drainage facilities, slope landscaping and protection
measures, and utilities, shall be constructed, completed, and inspected by
the Engineering Inspector. Driveway aprons shall be constructed in
accordance with San Diego County Regional Standard Drawing G-17,
Alley Aprons.
4. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
5. The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City
Engineer.
6. 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
Resolution No: P-08~01
Page 13
submitted in a manner to. allow the City adequate time for review and
approval prior to issuance of occupancy and release of grading securities.
(Planning)
7. All plantings shall be installed and the automatic irrigation system shall be
operational pursuant to the Poway Guide to Landscape Requirements and
the approved landscape plans.
K. Upon occupancy the applicant shall comply with the following conditions:
1. All facilities and related equipment shall be maintained in good repair.
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight.
2. The owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit.
3. All lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any adjoining
residential development.
4. 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 Guide to Landscape Requirements. 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. 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 more than 25% of the trees' leaf surface.
Section 7: Conditional Use Permit 99-13, approving the previous mixed use on this
property, is hereby void pursuant to Poway Municipal Code Section 17.48.080.8, Lapse
of a Use Permit, and Resolution No. 00-37 is hereby rescinded.
Section 8: The approval of CUP 07-05, DR 07-02 and VAR 07-06 shall expire on
January 15, 2010, at 5:00 p.m., unless, prior to that time, a Building Permit has been
issued and construction has commenced on the property.
Section 9: 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 January 15, 2008.
Resolution No. P-OS-01
Page 14
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 15th day of January 200S.
ATTEST:
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. pcOS-01 was duly adopted by the City
Council at a meeting of said City Council held on the 15th day of January 200S and that
it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD
NOES: NONE
ABSENT: CAFAGNA
DISQUALIFIED: NONE
J(j~cxIL,---
L. Diane Shea, City Clerk
City of Poway