Res P-08-23
RESOLUTION NO P-08-23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVLOPMENT REVIEW 08-01
AND VARIANCE 08-02
ASSESSOR'S PARCEL NUMBER 317-490-08
WHEREAS, Development Review (DR) 08-01 and Variance (VAR) 08-02 were
submitted by Stan Kaminski, Owner/Applicant, to allow the construction a 5,913-square-foot,
commercial building on a 0 61-acre site located at 12735 Poway Road, within the Poway
Road Specific Plan and Community Business (CB) zone Approval of the Variance is
requested to allow the building to observe a zero side yard setback from the eastern
property line when a 10-foot setback is required and a 15-foot front yard setback for parking
when a 20-foot setback is required in the zone, and
WHEREAS, on October 7, 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 City Council finds that the proposed project is Categorically Exempt as a
Class 2 Categorical Exemption from the California Environmental Quality Act (CEQA),
pursuant to Section 15302 of the CEQA Guidelines, in that the project involves the
reconstruction of a commercial structure that is smaller than the original structure, and
whereas the new structure will be located on the same lot and will have substantially the
same purpose and capacity as the structure replaced,
Section 2: The findings, in accordance with Section 1752 of the Poway Municipal Code
(PMC) to approve DR 08-01 as shown on the project plans dated September 3, 2008, on file
with the Development Services, are made as follows
A The project is consistent with the Poway General Plan in that it proposes the
construction of a commercial building, which is consistent with the Commercial
Business land use designation
B The project will not have an adverse affect on the aesthetics, health, safety, or
architecturally related impact upon adjoining properties in that the development is in
full compliance with all City development standards
C The project is in compliance with the Zoning Ordinance in that the project complies
with all City development standards of the CB zone, including those related to
building setbacks, building heights, lot coverage, and parking
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Page 2
D The approved development encourages the orderly and harmonious appearance of
structures and property within the City in that the adjacent properties along Poway
Road consist of similar and compatible commercial uses,
Section 3 The findings, in accordance with Section 17 50 050 of the Poway Municipal
Code, to approve VAR 08-02 to allow the proposed building to observe a zero side yard
setback from the eastern property line when a 10-foot setback is required and a 15-foot
front yard setback for parking when a 20-foot setback is required in the zone, as shown on
the site plan dated September 3, 2008, 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, The
special circumstances include the size, shape, location and surroundings of the
property The pre-existing building was constructed with a zero side yard setback on
the west side of the property and Variance 03-03 was approved on July 10, 2008, to
allow a fifteen-foot front yard setback for an outdoor patio Thus, this is not a benefit
that was not previously enjoyed by the property The pre-existing building was
difficult to access from Poway Road due to the location of the access and due to the
angle that Poway Road runs along the north side of the property The location of
residential uses to the south and southeast further constrain the redevelopment of
the property; 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 of the
cumulative effects of the size, shape, location and surroundings of the property The
property previously enjoyed a zero side yard and fifteen foot front yard setback, and
there are many properties in the vicinity that enjoy a zero side yard setback and a
reduced front yard setback; and
C Granting the Variance would not be materially detrimental to the public health, safety,
or welfare in the vicinity in that the side yard setback was enjoyed by the property for
more than fifty years and during that time there is no evidence that the zero side yard
setback had a detrimental impact to the public health safety or welfare and in that the
reduced front yard setback will still allow a 15-foot landscape buffer between the
parking and the property line, and
D 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 many other
properties in the vicinity do not meet current standards, including the adjacent
property to the west that enjoys a zero side yard setback and a reduced front yard
setback; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
Resolution No P-08-23
Page 3
authorized by the CB zone because commercial uses are a permitted use in this
zone with the approval of a Development Review application, and
F Granting the Variance will be compatible with the City's General Plan because
commercial uses are permitted and do not result in a density increase
Section 4 The City Council hereby approves DR 08-01 and VAR 08-02, to allow the
construction of a 5,913-square-foot, commercial building (with the alternative design of a
5,161-square-foot building with a 845-square-foot covered patio) on a 0 61-acre lot located
at 12735 Poway Road, within the Community Business zone of the Poway Road Specific
Plan, and to allow the building to observe a zero side yard setback from the eastern
property line when a 10-foot setback is required and a 15-foot front yard setback for parking
when a 20cfoot setback is required in the zone, as shown on the site plan dated September
3, 2008, subject to the following conditions
A Approval of this Variance and Development Review 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 Within 10 days of approval the applicant shall submit a check for $5000 made
payable to the County Clerk Recorder for the filing of the Notice of Exemption
document
C Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been read and understood
D The Variance granted by this approval shall not be conducted in such a manner as to
interfere with the reasonable use and enjoyment of surrounding uses
E. Development on the site must comply with the Poway Noise Ordinance (Chapter 8 08
PM C) Construction work is specifically regulated by PMC 808 100, which states
that it is unlawful for the operation of any single or combination of powered
construction equipment at any construction site on Mondays through Saturdays
except between the hours of 7 00 a m and 5 00 P m or at any time on a Sunday or
holiday except as provided in PMC 8 08 100
F If the proposed site improvements require a grading permit in accordance with
Section 1642010 of the Poway Municipal Code, the applicant shall obtain a grading
permit prior to grading A request for an exemption from the grading permit must be
supported by a certification by a licensed civil engineer that the proposed site
improvements will not require a permit Prior to issuance of a grading permit:
1 The site shall be developed in accordance with the approved site plans dated
Received on September 3 2008 on file in the Development Services
Department and the conditions contained herein
Resolution No P-08-23
Page 4
2 The grading and drainage plans for the development of the lot, prepared on a
City of Poway standard D-sheet, to a scale of 1" = 20', shall be submitted
along with a grading permit application, if required, and the applicable fees to
the Development Services Department, Engineering Division, As a minimum,
the grading and drainage plans shall show 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 property lines, The building 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 the Grading
Permit
b A separate erosion prevention and sediment control plan for
construction
c All utilities (proposed and existing), together with their appurtenances
and associated easements, Encroachments are not permitted upon
any easement All easements must be plotted and labeled as per the
latest project title report, The applicant shall insure no improvements
are proposed within the easements
d All new utility facilities shall be approved by the City prior to their
installation,
e Sewer and water facilities and connections for the new structure
f Re-paving of the parking lot conforming to the standards set forth in
Section 12.20 080 of the Poway Municipal Code
g Low Impact Development (LID) measures and strategy that will
emphasize conservation and the use of onsite natural features
combined with hydrologic controls to more closely reflect pre-
development hydrologic functions, This includes maximizing infiltration,
providing retentions, slowing runoff, minimizing impervious footprint,
directing runoff from impervious areas into landscaping, and
constructing impervious surfaces to minimum possible widths Notes
must be added to plans indicating the implementation of the LID
h, Method of roof drainage for the proposed building,
L Enhanced Treatment Control Best Management Practices to treat
runoff from the development prior to passage to the existing storm drain
system
J Site design and source control Best Management Practices,
k. The proposed driveway on Poway Road, in compliance with Regional
Standard Drawings G-14A and G-16 This includes the design
requirement for slope compliance with the Americans with Disability Act
to accommodate wheelchairs on the driveway, as
well as driveway total curb opening and separation requirements, The
interior parking lot finish surface elevations must accommodate the
driveway approach grades per the Standard Drawings The onsite
Resolution No P-08-23
Page 5
curbing at the new driveway shall be transitioned into a
O-face on both sides towards Poway Road
L The use of a D-25 curb outlet for drainage onto Poway Road, in lieu of
the single 3-inch curb drain shown on the site plan, If the design cannot
be modified to provide drainage towards Poway Road, and the use of a
drainage pump is necessary, the engineer must submit technical
information on the pump design, and demonstrate that the pump will
have the capacity to handle design flows Even with the approval of a
sump pump and catch basin, a single 3-inch drain will not be accepted.
The minimum size for onsite drain shall be
6-inches The 6-inch drain can then be manifolded into two 3" pipes on
Poway Road, if flows can be handled by the twin pipes,
m, The re-construction of the frontage improvements on Poway Road
3 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,
4 A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan The drainage system shall:
a Handle and dispose all surface water within the project site and all
surface water flowing onto the project site from adjacent lands Large
concentrated flows across the driveway and into the street will not be
permitted
b Cause post-development flow volumes from the project site to be equal
or less than pre-development flow volumes The proposed LID
measures shall satisfy this requirement
c Include all easements required to properly handle the drainage
5 Due to the re-construction resulting in over 5,000 square feet of impervious
surfacing, this project shall comply with City of Poway Ordinance 569 for
Standard Urban Storm Water Mitigation Plan (SUSMP) regulations,
Specifically, the applicant shall submit a Storm Water Mitigation Plan/Water
Quality Technical Report that identifies primary and secondary pollutants
resulting from the development that might impair
the receiving waters, establishes site design Best Management Practices
(reducing runoff), establishes source control Best Management Practices
(preventing/minimizing storm water contact with pollutants, including storm
drain system stenciling and signage, and designation of trash storage areas),
selects treatment control measures to address pollutants (removing pollutants
from contaminated water), and requires annual inspection and maintenance of
all storm water facilities after their construction A standard City of Poway
SUSMP checklist shall accompany the Water Quality Technical Report,
Resolution No P-08-23
Page 6
6 The applicant shall pay all applicable engineering, plan checking,
Grading Permit, and inspection fees Plan check and inspection fees are to be
calculated based on City-approved cost estimates, using City's adopted unit
costs, prepared by the applicant's project engineer
7 Grading securities in the form of a Performance Bond and cash deposit, or a
Letter of Credit and cash deposit shall be posted with the City
8 Should the Fire Department require a new onsite fire hydrant, the developer
shall apply with the City for a water system analysis to establish the proper
size and location of the onsite public water system, A fee will be collected for
the analysis
9 In accordance with the water system analysis, the developer shall submit to
the City for review and approval, separate improvement plans for the water
line construction and fire hydrant installation Separate plan checking and
inspection fees shall be paid for the water improvements It will also be
required that a 20-foot water easement be dedicated to Poway for the new
onsite public water system An easement review and processing fee shall be
paid to Development Services
10 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 erosion control shall be provided using one or more of the following
guidelines.
a, Provide an onsite de-silting basin with a volume based on 3,600 cubic
feet per tributary acre drained,
b Cover all flat areas with approved mulch,
c, Install 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
11 Construction staking is to be installed by the property owner and inspected by
the Engineering Inspector prior to any clearing, grubbing, or grading
12 A Right-of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department for any work to be done in the public right-
of-way of Poway Road, or within any City-held easement.
13 The applicant shall sign and return the amended CRLP loan agreement
document to the City of Poway Redevelopment Department
14 An Encroachment Agreement shall be entered into, signed by all easement
Resolution No P-08-23
Page 7
holders and recorded, for all improvements the applicant proposes to
encroach within the access easement located on the north- east side of the
property Copies of the recorded agreement shall be provided to the City of
Poway's Planning Division,
G Prior to issuance of a Building Permit:
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,
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
2. Erosion control devices, including, but not limited to, a de-silting basin(s), shall
be installed and maintained by the applicant throughout construction of the
project
3 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, prepared by the engineer of work,
b A final soil compaction report for review and approval by the City
4 The following development fees shall be paid to the Engineering Division,
Water: An existing water meter served the prior restaurant establishment
Size is un-known If existing meter is 1-inch in size, no upgrading is
required for the re-development, it can be used No charges apply If
there is going to be an upgrade to a larger size meter, the applicant
shall inform the City staffengineer accordingly for a fee determination,
If an additional meter is required, the following fees shall be paid
Meter $ 270 (1-inch minimum)
City Expansion Fee $6,678 (but only $3,710 jffire sprinklers)
SDCWA System Capacity $6,922*
Service Fee $1,430 (if installed by City)
*To be paid by separate check, payable to the San Diego County Water
Authority
Note For larger size meters, contact the Engineering Division for prices It
shall be the responsibility of the applicant to determine the correct size of the
required water meter for the project
Sewer: $0
Resolution No P-08-23
Page 8
Based on submitted information by the applicant and Planning Division, the
building area is smaller than the previous building, and the plumbing fixture
count remains the same, Therefore, no sewer connection charge will be
applied at this time Should this information change, the applicant shall
contact the staff for a fee re-assessment.
Drainage: $0
Traffic Mitigation: $0
5 No private improvements shall be placed or constructed within the public
street rights-of-way or City easements unless the following are satisfied
a, An Encroachment Maintenances and Removal Agreement has been
executed by the developer/owner and subsequently approved by the
City; or
b Approval of grading or improvement plans, on which a Right-of-Way
Permit has been issued for the private improvements to be constructed,
The City, however, reserves the right to require the execution of an
Encroachment Maintenance and Removal Agreement.
6 The plans shall show a decorative masonry wall, eight feet in height from the
highest finished grade, at the property lines with the residential zone In
addition, a landscape plan showing 15-gallon trees, 20 feet on-center, and
shrubbery along the inside of the wall in a five-foot-wide, raised landscaped
planter to provide a dense landscape screen, to the satisfaction of the Director
of Development Services, shall be provided,
7 A design by a licensed engineer will be required to be provided to the Poway
Building Department for an eight-foot wall. The design will be required to
include a footing design for gravity load and a wind load design
8 If the current wall adjoining the residential properties is extended higher to
meet the eight-foot height requirement pursuant to Conditions 6 and 7 above,
the wall shall be re-stuccoed on the sides facing the subject site in a neutral
color, approved by the Director of Development Services prior to stucco
application, The sides of the wall facing the adjacent properties shall be
painted a neutral color, approved by the Director of Development Services
prior to painting
9 All roof appurtenances for the new building, including air conditioners, shall be
architecturally integrated, screened from view, and sound buffered from
adjacent properties and streets The building plans shall reflect roof screening
details
Resolution No P-08-23
Page 9
10 Landscaping shall be in accordance with the requirements of the City of
Poway Guide to Landscape Requirements, All newly manufactured slopes
shall be provided with ground cover, shrubs, trees, and permanent irrigation in
accordance with these standards, Complete landscape construction
documents shall be submitted to and approved by the Planning Division,
Landscape plan check fees are required upon submittal of plans
11 All parking lot landscaping planters shall include a minimum of one
15-gallon-size tree for every three spaces, For parking lot islands, a minimum
12-inch-wide walk adjacent to parking stalls shall be provided and be
separated from vehicular areas by a six-inchchigh, six-inch-wide Portland
cement concrete curb
12. The applicant shall reduce the amount of grass proposed in the landscape
areas on Poway Road, and include different ground covers and shrubs, per
the City of Poway Guide to Landscape Requirements, to the satisfaction of the
Director of Development Services
13 All parking spaces shall be double striped, The minimum dimensions for
standard sized parking stalls shall be 8 5' x 185' The parking lot design shall
comply with the Americans with Disabilities Act for accessible spaces, with
one van-accessible space Building plans shall indicate areas of re-striping
and signage for accessible spaces,
14 The trash enclosure shall be provided with gates consistent with City
standards for trash enclosures. The building plans shall indicate the location
of the trash enclosure and gate details,
15 The building plans shall depict the specific exterior building colors and
materials, consistent with the project plans dated September 3, 2008, and
project materials sample board, as determined by the Director of Development
Services
16 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 at (858) 679-2570
H The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services
1 Roof covering shall be fire retardant as per CBC Section 1505, and City of
Poway Ordinance No 64 and its amended Ordinance No 526
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
Resolution No P-08-23
Page 10
the front fa<;:ade 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 Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surfaces of not
less than 20 feet of unobstructed width, with adequate roadway turning radius
capable of supporting the imposed loads of fire apparatus having a minimum
of 13'6" of vertical clearance This 20-foot access width is the minimum
required for Fire Department emergency access In most cases, City
Engineering standards will be more restricting The more restrictive standard
shall apply The Fire Chief, pursuant to the City of Poway Municipal Code,
shall approve the road surface type
4 The building will be required to install an approved fire sprinkler system
meeting P MC 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
5 A water system analysis report will be required to determine adequate fire
flow
6 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,
7 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,
8 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
9 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
10 Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings
11 A minimum 3AAOBC fire extinguisher is required for every 3,000 square feet
and 75 feet travel distance
Resolution No P-08-23
Page 11
12, The addition of onsite fire hydrants may be required, based on fire flow as
determined by the water system analysis (same report as will be required for
sprinklers) The City Fire Marshal shall determine the location of the hydrants
13 Prior to delivery of combustible building material 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 for the standpipe or attached additional risers, accessible by a 3'-0"
man door
I Prior to issuance of a Certificate of Occupancy'
1 Driveway improvements, parking lot re-construction, storm drain facilities,
slope landscaping and protection measures and all utilities shall be
constructed and completed by the developer, and inspected by the
Engineering Inspector for approval. All new utility services shall be placed
underground,
2, An adequate drainage system around the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector
3 The developer shall repair, to the satisfaction of the City Engineer, any and all
damages to public road improvements on Poway Road caused by construction
equipment
4 Record drawings, signed by the engineer of work, shall be submitted to the
Engineering Division prior to a request for occupancy, per Section 16 52,130B
of the Poway Municipal Code, Record drawings shall be submitted in a
manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities
5 Securities posted for the project shall be released upon submittal of a SUSMP
agreement for maintenance, repair and operation of storm water Best
Management Practices facilities, An Operation and Maintenance plan shall be
submitted with the agreement.
Resolution No P-08-23
Page 12
6 The easement dedication for the new onsite water main (if one is required)
shall be processed, finalized and recorded
7 All proposed utilities within the project site shall be installed underground,
8 Landscaping shall be installed per the approved landscape documents and
the City of Poway Guide to Landscape Requirements,
J Upon establishment of the commercial building, pursuant to DR 08-01 and
VAR 08-02, the following shall apply'
1 Any signs proposed for the use shall be designed and approved In
conformance with the Sign Ordinance A separate Sign Permit, and fees,
must be submitted to the Development Services Department, Planning
Division, for approval.
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 approval.
3 All light 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 and Operations", latest edition. Trees shall not be
topped and pruning shall not remove more than 25% of the trees' leaf surface
5 The parking areas and driveways shall be well maintained,
Resolution No, P-08-23
Page 13
Section 5 The approval of Development Review 08-01 and Variance 08-02 shall
expire on October 7, 2010, at 5:00 p,m" unless a Building Permit has been issued and
construction or use of the property in reliance on this permit has commenced prior to its
expiration,
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 7th day of October 2008
yor
ATTEST
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Penny Riley, Deputy City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No P-08-23, was duly adopted by
the City Council at a meeting of said City Council held on the 7th day of October 2008,
and that it was so adopted by the following vote,
AYES BOYACK, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT EMERY
DISQUALIFIED NONE