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Res P-08-18 , RESOLUTION NO P-08-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 08-01, DEVELOPMENT REVIEW 08-02 AND VARIANCE 08-07 ASSESSOR'S PARCEL NUMBER 321-030-71 WHEREAS the City of Poway, Applicant, proposes the construction of an approximate 1, 120-square-foot water pump station located at 15197 Espola Road; and WHEREAS, on August 19, 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 The proposed project is Categorically Exempt as a Class 32 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines, in that the project is characterized as an in-fill development, that is consistent with applicable General Plan and zoning designations, is less than five area in size, will not create air, traffic or water quality impacts, and is served by all required public utilities. Section 2. The findings, in accordance with Poway Municipal Code (PMC) Section 1748070 for CUP 08-01, approving the construction of an approximate 1, 120-square-foot water pump station, are made as follows A. The project is consistent with the General Plan and Zoning Code in that water pump stations are conditionally permitted in the zone B That the location, size, design and operating characteristics of the use will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, buildings, structure~:, or natural resources, in that the proposed facility will replace an existing water pump station and sound attenuation louvers have been incorporated into the building C That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses because the site will be developed with facilities and a building that have been designed to be compatible with surrounding residential structures D That there are available public facilities, services, and utilities because the use will be located in an area where all necessary facilities are already in place E. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the facility has been architecturally designed to promote neighborhood compatibility Resolution No P-08-18 Page 2 F That the generation of traffic will not adversely impact the surrounding streets and/or the City's Transportation Element, in that the use will remain essentially the same and adequate off-street parking has been incorporated into the project. G That the site is suitable for the type and intensity of the use, in that the building has been designed to be architecturally compatible in scale and design with surrounding residential development. H That there will not be significant harmful effects upon environmental quality and natural resources, in that the site has been previously graded and developed as a pump station and noise mitigation devices have been incorporated into the building design that reduce the potential impacts to a level of insignificance I That there are no other relevant negative impacts associated with the proposed water pump station that cannot be mitigated J That the potential impacts, and the proposed location, size, design, and operating characteristics of the proposed water pump station will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan Section 3 The findings, in accordance with Poway Municipal Code Section 1750050, to approve Variance 08-07 to allow a O-foot street side setback where a 20-foot setback is required, are made as follows A. That there are special circumstances applicable to the property in that the subject property is constrained by a public road easement that encumbers over 50 percent of the of the project area. There are also special circumstances that require the new water pump station to be co-located with the existing facility, as they must share existing, common infrastructure improvements during the construction and transfer process, 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 over 50 percent of the of the project area in encumbered by a public road easement; and C Granting the Variance would not be materially detrimental to the public health, safety or welfare of properties in the vicinity in that the water pump station is an essential public facility that replaces a similar facility in the same general location. The building has also been constructed with noise dampening louvers and constructed to meet the new Wildland Urban Interface building standards, and Resolution No P-08-18 Page 3 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 in that there are other properties in the immediate area that are built to a lesser street side yard setback standard than that required for the RR-B zone, and E. Granting the Variance would not allow a use or activity not otherwise expressly authorized in the RR-B zone, as the proposed project replaces an existing, similar facility; and F That the proposed Variance will be compatible with the City's General Plan because a water pump station is a conditionally permitted use in residential zones, replaces a similar existing facility, and will not result in an increase of traffic or residential development. Section 4 The findings, in accordance with Poway Municipal Code Section 1752.010, for DR 08-02, for an approximate 1, 120-square-foot water pump station, are made as follows A. The development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties because the building has been designed to be architecturally compatible with single-family homes in the area. B The development encourages the orderly and harmonious appearance of structures and property within the City through its consistency with the City of Poway development standards and compatibility with surrounding architectural themes. 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 the project. The provision of public improvements and payment of development fees are needed as a result of the proposed development to protect the public health, safety, and welfare as identified below' 1 Drainage improvements shall be provided for the increase in surface water runoff; and 2. Access to the site will be provided in accordance with City standards. Section 6 Conditional Use Permit 08-01 and Development Review 08-02, consisting of an approximate 1,120-square-foot water pump station, dated June 23,2008, is hereby approved, subject to the following conditions Resolution No P-08-18 Page 4 A. Approval of this request shall not waive compliance with the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. B The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of the surrounding residential uses. C 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 Poway Municipal Code and the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances. D Construction improvements shall not begin until such time as the City has secured a Title Policy with plotted easements for the subject property, Title Insurance, and has shared the findings of the Title Policy with the adjoining property owner (APN 321-012-55), Mr Leonard Schumacher E. Prior to Grading Permit issuance, unless other timing is indicated, the applicanUdeveloper shall complete the following: 1 Submittal to the Development Services Department, for review and approval, of precise grading plans, erosion control plan, storm water pollution prevention plan, Grading Permit application, and geotechnical reportls a. 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, and City Storm Water Management and Discharge Control Ordinance. b Paving of the parking lot shall conform to the standards set forth in PMC 12.20 080 c. 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. d Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained from October 15th to April 15th An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan The applicanU developer shall make provisions to ensure proper maintenance of all erosion control devices Resolution No P-08-18 Page 5 3 A Right-of-Way Permit. shall be obtained from the Engineering Division for any work to be done in public street rights-of-way or City-held easements. 4 Construction boundaries should be clearly defined with orange construction fencing to indicate the limits of disturbance Construction crews should be made fully aware of these boundaries and not to disturb or remove the existing vegetation beyond these boundaries 5 Complete landscape construction documents shall be submitted to and approved by the Planning Division. Landscape plan check fees are required upon submittal of the plans. Plans shall be prepared In accordance with the City of Poway Guide to Landscape Requirements (latest edition) E. Prior to construction of public improvements, unless other timing is indicated, the applicanUdevelopershall complete the following: 1 Submittal to the Development Services Department, for review and approval, of improvement plans for the following: a. The'locations and sizes of all utility boxes, vaults, and check valve assemblies within street rights-of"way shall be shown on the improvement plans and screened. 2. A Right-of-Way Permit shall be obtained from the Engineering Division for any work to be done in public street rights-of-way or City-held easements. F Prior to Building Permit issuance, unless other timing is indicated, the following conditions shall be. satisfied: 1 Completion of and approval by the City of rough grading of the project site 2. City approval of soils 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 All roof appurtenances shall be architecturally integrated, screened from view, and sound buffered from adjacent properties and streets as required by the Planning Division. 5 The proposed SCADA telemetry tower shall be limited to 35 feet in height and painted, if necessary, to blend with adjacent properties. G Prior to the City's approval for occupancy and release of securities, unless other timing is indicated, the following conditions shall be satisfied Resolution No P-08-18 Page 6 1 Completion of public improvements 2. City approval of record drawings of the grading and improvement plans 3 Posting of a Warranty Bond for the constructed public improvements, including water and street improvements. 4 Performance securities for public improvements, if posted and separate from the grading securities, shall only be reduced twice before completion of improvements. 5 Payment securities and remaining performance securities, if any, shall be released no sooner than 90 days after the City's acceptance of improvements, posting of warranty security, and approval of record drawings 6 The City reserves the right to change the timeline for compliance of the above conditions and/or waive posting of the warranty secu rity for public improvements 7 Design and construct road improvements on Espola Road that include, but are not limited to, the new entrance road, curb, gutter, and cross gutter along the road frontage subject to the satisfaction of the City Traffic Engineer, City Engineer and Director of Development Services. 8 The following improvements shall be constructed to the satisfaction of the Fire Marshal: a. Roof covering shall be fire retardant as per CBC Section 1505, and City of poway Ordinance No 64 and its amended Ordinance No 526 b The building shall display the numeric address in a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front fayade of the building c 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 16 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13 feet, 6 inches of vertical clearance The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code d 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. Resolution No P-08-18 Page 7 e Minimum 3AAOBC fire extinguisher required for every 3,000 square feet and 75 feet oftravel distance f N F PA Standard 704, Hazardous Material Labeling, shall be provided as necessary throughout the building. g Prior to the delivery of combustible materials onsite, water systems shall satisfactorily pass all required tests and be connected to the public water 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 h. Provide a Knox security key lock and/or box to be located on the building I. Exterior wall finished material shall be non-combustible and comply with the California Building Code (e g. stucco, masonry, cement fiber board, heavy-timber, etc) In addition, all exterior walls are required to be protected with two-inch nominal solid blocking between rafters at all roof overhangs. J Exterior windows and glazing are restricted to multi-layered glass (dual glazed) and shall be tempered glass. Glazing frames made of vinyl materials shall have welded corners and reinforcement in the interlock area, and be certified ANSI/AAMA/NWWDA 101/1 S.2-97 structural requirements k. Skylights and solatubes shall be tempered glass. I. Exterior doors shall be of approved non-combustible construction or ignition-resistant, solid core wood not less than 1% inches thick, or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors shall comply with exterior window and glazing requirements m All eave and soffit construction shall be ignition resistant and in compliance with Chapter 15 05 PMC n. The removable louvers shall have a no larger than 1/8" metal mesh screens incorporated within the louver design Resolution No P-OS-1S Page S Section 7 The terms and conditions of Conditional Use Permit OS-01 and Development Review OS-02 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. Section S' The approval of CUP OS-01/DR OS-2NAR 08-07 shall expire on Auqust 19, 2010, at 5:00 p.m. unless the applicant has obtained a Building Permit pursuant to this approval prior to the expiration date PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 19th day of August 200S Michael ATTEST r Resolution No P-08-18 Page 9 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No P-08-18, was duly adopted by the City Council at a meeting of said City Council held on the 19th day of August 2008, and that it was so adopted by the following vote AYES EMERY, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSENT BOYACK DISQUALIFIED' NONE