Res P-08-13
RESOLUTION NO P-08-13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
RESCINDING RESOLUTION, NO P-05-23, AND APPROVING
MODIFICATION TO DEVELOPMENT REVIEW 05-03M
WITHIN OLD POWAY PARK
APN. 314-202-23,24, AND 25
WHEREAS, on August 22, 1989, the City Council approved Specific Plan 89-06
and Conditional Use Permit 89-10 that established the configuration of Old Poway Park,
as well as the development and land use standards for the park, located within the
14000 block of Midland Road, and
WHEREAS, an application for a Development Review Modification Application
DR 05-03M were submitted by the City of Poway, applicant and owner, to construct a
1,191-square-foot Train Depot at the northwest corner of Midland Road and Temple
Street within the Old Poway Park. The property is located within the Open Space
Recreation (OS-R) zone and the Old Poway Park Specific Plan area, and
WHEREAS, the proposed Train Depot is consistent with the scope and location
of the Train Depot depicted in the Conditional Use Permit 89-10 site plan, and
WHEREAS, on July 1, 2008, 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 A Mitigated Negative Declaration (MND) was issued on October 12, 2004
that amended CUP 89-10 that designated the location and configuration of the Train
Depot and was referenced with the approval of the original Train Depot (DR 05-03) The
site has been previously disturbed and contains no vegetation or cultural resources.
Pursuant to Section 15162 of the California Environmental Quality Act, since DR
05-03M is consistent with the scope, environmentaL setting, and mitigation measures
proposed in the original MND, no additional environmental review is required
Section 2: The findings for DR 05-03M, in accordance with Section 1752 of the
Poway Municipal Code, are made as follows.
A. The project is consistent with the Old Poway Master Plan and Old Poway
Specific Plan in that it involves the construction of a Train Depot as proposed in
the Old Poway Master Plan The Train Depot incorporates design elements
consistent with the Old Poway Park Specific Plan, therefore, the project respects
the interdependence of land values and aesthetics to the benefit of the City
Resolution No P-08-13
Page 2
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 buildings are in compliance with all City development standards.
C The project is in compliance with the Zoning and Grading Ordinances in that the
project complies with all City development standards of the Old Poway Specific
Plan, including those relating to building setbacks, building heights, lot coverage,
and all City grading requirements.
D 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 surrounding historic properties and complies with the
Old Poway Specific Plan guidelines.
Section 3 The findings, pursuant to Government Code Section 66020 for the public
improvements for DR 05-03M, are to be 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. As the
City will be constructing the structures, the City will provide the necessary public
improvements to promote a safe and healthy environment for the residents of the
City
Section 4 The City Council hereby approves DR 05-03M to construct a 1,191-
square-foot Train Depot, located on the northwest corner of Midland Road and Temple
Street, within the Old Poway Master Plan and Old Poway Specific Plan area in the
Open Space-Recreation zone, as shown on the building elevation plans dated May 25,
2008, subject to the following conditions.
A. Approval of DR 05-03M shall apply only to the subject project, and shall not
waive compliance with all sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance
B The conditions of DR 05-03M shall remain in effect for the life of the subject
structures and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner
C Prior to Grading Permit issuance, the applicant shall comply with the following:
1 The approval of precise grading plans, erosion control plan, Storm Water
Pollution Prevention Plan (SWPPP), Grading Permit application, and
geotechnical report/s to the Engineering Division of Development Services
Department as deemed necessary by the City
D Prior to construction, the applicant shall obtain a Building Permit. Prior to
issuance of a Building Permit, the applicant shall comply with the following:
Resolution No P-08-13
Page 3
1 The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein.
2. 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
3 The building plans shall be in accordance with the approved plans on file
in the Development Services Department for DR 05-03M, along with the
conditions contained herein
4 All existing overhead utilities shall be undergrounded.
5 Submit landscape and irrigation plans to the Planning Division for review
and approval. A landscape plan check review fee is required at the time
of initial submittal of the plans. The plans shall be prepared pursuant to
the City of Poway Guide to Landscape Requirements
E. The following improvements shall be constructed to the satisfaction of the City
Fire Marshal:
1 Roof covering shall be fire retardant as perUBC Sections 1503 and 1504,
UBC Standard 15-2, and City of Poway Ordinance No 64 and its
amended Ordinance No 526
2. The access roadway shall be extended to within 150 feet of all portions of
the exterior walls of the first story of any building. Where the access
roadway cannot be provided, approved fire protection system(s) shall be
provided as required and approved by the Division Chief
3 Fire hydrants shall be required within 350 feet of each residence and
installed at locations to be determined by the Fire Marshal. A water
analysis shall be required to establish the adequacy of the existing water
main and all necessary water main extensions to serve the project. Cost
of analysis shall be paid by the applicant/developer prior to submittal of
improvement plans. Installation of fire hydrant/s shall be completed at a
time designated by the Fire Marshal.
4 Prior to delivery of combustible building materials 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.
F Prior to the City's approval for occupancy, unless other timing is indicated, the
following conditions shall be satisfied
Resolution No P-08-13
Page 4
1 The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein.
2. A final inspection from the appropriate City Departments will be required.
Section 6 The approval of DR 05-03M shall expire on July 1, 2010, at 5'00 p.m.,
unless, prior to that time, a Building Permit has been issued and construction on the
property has commenced prior to its expiration.
Section 7 Resolution No P-05-23 is hereby rescinded.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 1st day of July 2008
ATTEST
~ L /lC-J~I'~
Salam Hasenin, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No P-08-13, was duly adopted by the City Council at a meeting of
said City Council held on the 1st day of July, 2008, and that it was so adopted by the
following vote
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE
~~))~~\"
Salam Hasenin, City Clerk
City of Poway