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Res P-09-04 RESOLUTION NO P-09-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW (DR) 08-05 ASSESSOR'S PARCEL NUMBERS 314-220-69 & 70 WHEREAS, DR 08-05, submitted by the Poway Redevelopment Agency and interfaith Housing Incorporated, Co-Applicants Involves a request for approval to construct a 77 -unit, two"story affordable housing project and a 2,780-square-foot community building; and WHEREAS, on February 3, 2009, 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 has considered the Environmental Initial Study (EIS), Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program shown as Exhibit A of this Resolution. The subject 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 EIS and Exhibit A hereof will mitigate potentially significant impacts to a less than significant level, and that the MND reflects the independent judgment and analysis of the City The City Council hereby approves the MND and the associated Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: The findings, in accordance with Chapter 1752 of the Poway Municipal Code, for DR 08-05, a request to construct a 77-unit, two-story affordable housing project and a 2,780-square-foot community building located east of Midland Road, between Edgemoor Street and Adrian Street are made as follows. A. The project is consistent with the poway General Plan and its Housing Element in that it Involves the construction of an affordable housing (AH) development in a Residential Apartment zone, and with the approval of GPA 08-03/ZC 08-01 and SP 08-01, will comply with all City development standards. B The project will not have an adverse health, safety, or aesthetic impact upon adjoining properties in that the project's infrastructure improvements and grading are in full compliance with the Poway Municipal Code C That the project is in compliance with the Zoning and Grading Ordinances in that the project, with approval of GPA 08-03, Zone Change 08-01 and Specific Plan 08-01 which changes the zoning from CG/RS-7 to Residential Apartment and provides regulatory concessions for reductions in street side yard setbacks, private storage space and parking standards complies with the revised development criteria. Resolution No. P-09-04 Page 2 D That the development encourages the orderly and harmonious appearance of structures and property within the City as the architecture is consistent with surrounding properties and higher density residential development. Section 3 The findings, pursuant to Government Code Section 66020 for the public improvements for DR 08-05, 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, the Old Poway Specific 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 drainage, and park 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 4 The City Council hereby approves DR 08-05 to construct a 77-unit, two-story affordable housing project and a 2,780-square-foot community building on approximately 3 97 acres located east of Midland Road, between Edgemoor Street and Adrian Street, zoned Residential Apartment, subject to the following conditions A. Approval of the project 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, unless otherwise provided for under Specific Plan 08-01, in effect at the time of Building Permit issuance B Within 30 days of the date of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood. C The conditions for the project shall remain in effect for the life of the subject residences and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner D The site shall be developed in accordance with the approved site plan on file in the Development Services Department and the conditions contained herein Grading of the lot shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, City Storm Water Management and Discharge Control Ordinance, and grading practices acceptable to the City Resolution No P-09-04 Page 3 E Prior to Grading Permit issuance, the applicant shall comply with the following 1 A grading plan for the development of the lot, prepared on a City of poway standard mylar sheet at a scale of 1"=20', shall be submitted along with a Grading Permit application and the applicable fees to the Development Services Department- Engineering Division for review and approval. A grading plan submittal checklist is available at the Engineering Division front counter As a minimum, the grading plan shall show the following a. The residential structures 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 Proposed driveway access in compliance with the specifications provided in Section 17 08 170D of the Poway Municipal Code. c. A separate erosion prevention and sediment control plan for construction activities This plan shall provide for an on"site, de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained. d. Locations of all water and sewer improvements (existing and new) and the approximate location of their easements. e All new slopes shall have a maximum 2:1 ratio (horizontal to vertical) f All existing and proposed easements shall be delineated on the plans. g. Retaining walls Retaining walls, other than those approved in the San Diego County Regional Standard Drawings, require submittal of design calculations h. 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 disposing 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 I. 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. J. Plans and specifications that demonstrate the project's compliance with the City's Standard Urban Stormwater Mitigation Plan Ordinance Resolution No P-09-04 Page 4 k. All new and existing electrical/communication/CATV utility lines and poles shall be installed underground prior to installation of concrete curbs, gutters, sidewalks, and surfacing of the streets. This includes four power poles along the former alignment of Brighton Avenue, located on the east side the project area. The applicanUdeveloper is responsible for complying with the requirements of this condition, and shall make the necessary arrangements with each of the serving utilities. The locations and sizes of all utility boxes and vaults within street rights-of-way and the City's general utility easement shall be shown on the improvement plans. Screening of these boxes shall be to the satisfaction of the Development Services Director 2. The applicant shall pay all applicable engineering plan checking, permit, and inspection fees. 3 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 $2,000 cash security deposit is required 4 The property owner, or the authorized agent for the property owner, shall file with the State Regional Water Quality Control Board, a Notice of Intent (NO I) of coverage under the statewide General Permit that covers storm water discharges. Proof of filing of the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department - Engineering Division prior to issuance of a Grading or Building Permit. Applications may be obtained by contacting: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 The property owner, or the authorized agent for the property owner, shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non-storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control; a de-silting basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a 10-year, 6-hour storm event; a material storage site, measures to protect construction material from being exposed to storm water; and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system The engineer shall certify the SWPPP prior to issuance of the Grading Permit. Resolution No. P-09-04 Page 5 5 A Storm Water Management Plan shall be submitted to the ICity for review and approval. 6 Improvement plans for construction of public improvements hereinbefore mentioned shall be submitted for review to the Engineering Division Initial plan checking fee and inspection fee shall be paid at first submittal of plans for review The remainder of plan checking and inspection fees shall be paid and securities posted prior to plan approval. 7 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 project inspector These may include but are not limited to the following. a. Provision of an onsite de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained during grading. 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 area prior to discharge, effectively creating a de-silting basin from the pad 8 The applicant shall implement Best Management Practices during construction, such as erosion and sediment control, and the diversion of water to desiltation basins, to the satisfaction of the City Engineer 9 Erosion control, Including, but not limited to, desiltation basins, shall be installed and maintained throughout construction of the project. The applicanUdeveloper shall make provisions to insure proper maintenance of all erosion control devices 10 Prior to start of any work within City-held easements or rights-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 11 Construct the following public improvements Improvements shall be In accordance with City adopted standards and specifications and include Resolution No P-09-04 Page 6 Street Improvements, Street Liqhts, And Public Drainaqe a. 5-foot-wide concrete sidewalk along the project's street frontage, i.e the northerly side of Edgemoor Street and the easterly side of Brighton Way b Concrete drainage gutter along portion of the east side of Brighton Way as a result of the proposed construction of off-street parking spaces for the development. c. Necessary drainage improvements for the conveyance of storm water runoff to existing public drainage facilities and/or structures. d. Construct and/or reconstruct pedestrian/handicap ramps, to meet current American Disabilities Act (ADA) standards, at all street, driveway entrance, and parking curb returns that are in alignment with public sidewalks along the project's frontage side of Edgemoor Street, Brighton Way, and Adrian Street. e Remove and replace existing broken curb and gutters along the project's frontage side of Edgemoor Street, Brighton Way, and Adrian Street. f Reconstruction and/or retrofitting of existing curb inleUs along the east side of Brighton Way, if necessary, for compliance of the State Regional Water Quality Control Board and the City's Standard Urban Storm Water Management Plan (SUSMP) requirements g. Relocation of certain existing street lights in Brighton Way, from the west side to the east side and to the southerly side of Edgemoor Street across the proposed easterly driveway entrance to the development. The relocation shall include installation of appurtenant electrical wiring, pull boxes, etc. The street lights to be relocated shall be as chosen by the City, of which shall be determined during the improvement plan review process Any additional street lights, if needed, shall also be determined at that said time 12. Onsite public water system and including upsizing of undersized water main in Edgemoor Street Public water system includes new and/or water main lines, fire hydrants, and appurtenances that are essential for the project's development. The location of fire hydrants shall be as determined by the City Fire Marshal. 13 Onsite public sewer system, i.e , extension of an 8" diameter sewer main and appurtenances and construction of sewer laterals Resolution No P-09-04 Page 7 14 Process and obtain City-approval for a street vacation of Temple Street east of Brighton Way and City's general utility easement onsite Vacation shall be completed prior to issuance of a building permit. 15 Dedicate easements to the City for public water lines, public sewer lines, public drainage facilities, and general utility purposes that are deemed necessary for the project's development. Dedication of easements shall be recorded in the office of the Recorder of San Diego County no later than issuance of the first certificate of occupancy 16 Obtain easement quitclaim deeds from public utility companies, of which easements are in conflict with proposed private improvements. Copy of recorded quitclaim deeds shall be provided to the City prior to building permit Issuance. 17 All existing overhead and proposed new electrical and telecommunications lines shall be placed underground. (Planning) 18 The applicant shall obtain necessary permits from San Diego County Environmental Health Department if a well is installed on the property F Prior to issuance of a Building Permit, the applicant shall comply with the following in addition to other conditions stated hereinbefore mentioned with same compliance timeline: (Engineering) 1 Submittal and approval of soils and compaction report. 2. Submittal and approval of a certification of line and grade. The certification shall be prepared by the project's civil engineer 3 Prior to delivery of combustible building materials, construction of the onsite water lines and fire hydrants, as required by the Fire Marshal, shall be completed. 4 Merge the two project parcels, APNs 314-220-69 and 70 pursuant to Chapter 16.22 of the Poway Municipal Code 5 The following development fees shall be paid to the Engineering Division The following fees are currently based on fees in effect at the time of this writing. Actual fees shall be those in effect at time of payment. Resolution No P-09-04 Page 8 Water: Meter Size Cost Capacity Fee SDCWA Fee* 2-inch $800 $16,694 $23,358 3-inch TBD $29,680 $43,124 Note For fees on other sizes of water meters not listed herein, contact Land Development Division of the City's Development Services Department. * To be paid by separate check, made payable to the San Diego County Water Authority Sewer Connection $2,356/EDU x 77 units = $181,412 Sewer Cleanout (each) = $50 Sewer Cleanout Inspection (each) = $25 Traffic Mitigation $2,000 x 77 units = $154,000 Park $2,100 x 77 units = $161,700 Drainage = $27,84410 (Planning) 6 Details of all exterior lighting shall be included on the building plans, including fixture type and design. All new exterior lighting fixtures shall be low- pressure sodium, and designed such that they reflect light downward and away from streets and adjoining properties pursuant to Poway Municipal Code Section 1708.220 L. 7 A detailed site lighting plan (which is a separate item from the Building plan check submittal) shall be submitted for the review and approval of the Director of Development Services. The plan shall show all project lighting and generalized specifications/notes that comply with the following: a. All outdoor lighting fixtures, including, but not limited to, illuminated slgnage, decorative building or landscape lighting, illuminated recreational facilities or common outdoor areas, and parking lot lighting shall be turned off between the hours of 11'00 p.m. and sunrise, except when used for security purposes Automatic timing devices shall be integrated Into all new or modified lighting systems to turn off at 11'00 p.m. b All lighting used in the parking lot shall be low-pressure sodium c. Freestanding lamp posts shall be no taller than 18 feet. Resolution No P-09-04 Page 9 d All exterior lighting shall be designed so that light emitted from the fixtures is directed away from adjoining properties including the floodway site located to the west of the project. e Lighting fixtures shall be designed to integrate with the project's architectural design concept. New street lights shall be consistent with the Old Poway street light standards. f. The intensity of light at the boundary of the housing project site shall not create glare or otherwise shine onto nearby residential properties. 8 The building plans shall demonstrate that the address on the roof required by the Safety Services Department will not be visible from the street level to the greatest extent possible to the satisfaction of the Director of Development Services. 9 Trash enclosures shall be architecturally integrated with the project's architectural design concept and provided with an architectural cover as a storm water quality Best Management Practice (BMP) Details of trash enclosures shall include solid gates, and be consistent with the architecture and materials of the main structures to the satisfaction of the Director of Development Services. The trash enclosure shall not exceed 6 feet in height. 10 The building plans shall include elevations and cross-sections that show all roof appurtenances, including air conditioning, architecturally integrated, screened from view, and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services This shall not apply to the solar tiles. 11 Prior to occupancy the applicant shall submit a study prepared by a qualified professional which assesses interior noise, pursuant to City standards, for those units which face the street to ensure that per Section 17 OS.230 of the Poway Municipal Code that interior noise levels do not exceed 45 dBA CNEL. 12 School impact fees shall be paid at the rate established by the Poway Unified School District. Please contact the Poway Unified School District for additional information at (S5S) 679-2570 13 Signs are not a part of this approval must comply with Old Poway Specific Plan standards and are subject to a separate Sign Permit prior to fabrication and installation. 14 All public street lights shall be located within the public right-of-way Resolution No P-09-04 Page 1 0 15 Submit landscape and irrigation plans to the Planning Division for review Approval of plans is required before the issuance of a building permit. 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 and the Residential Apartment (RA) zoning standards and specifications for tree planting. Street trees shall be provided in accordance with requirements listed in the City of Poway Guide to Landscape Requirements. Any existing or new utility boxes along Edgemoor Street, Adrian Street, Temple Street or Brighton Way shall be screened with landscaping. 16 The building plans shall be in accordance with the approved plans dated October 20, 2008, for DR 08-05, and on file in the Development Services Department, along with the conditions contained herein. G The following improvements shall be constructed to the satisfaction of the City Fire Marshal: 1 Roof requirements 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 Show location of solar panels on the building plans. Installation of the panels/tiles are to comply with PFD policies that relate directly to the safety of the fireman, and include the location of the electrical disconnects and the location and operation of the electrical invertors. 2. Fire Sprinkler requirements a. All buildings, with the exception of the community building and detached laundry room building located on the north end of the development, will be required to have an approved fire sprinkler system The entire system is to be monitored by a central monitoring company System post indicator valves, riser isolation valves and double detector check valve assemblies with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. A breakaway padlock shall be required for the fire sprinkler system post indicator valve b. An automatic fire alarm system shall be installed, to approved standards, by a properly licensed contractor The system shall be completely monitored by a U L. listed central station alarm company or proprietary remote station. Resolution No P-09-04 Page 11 c. Each building will have its own individual post indicator valve to isolate the fire protection system OR Fire sprinkler riser(s) that are located inside an enclosed closet. with an exterior access man door with shut off valves to isolate the fire protection system for each building. 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 attached risers, accessible by a 3' man door d. Fire Sprinklers will be required in carports if the carports are attached to a structure. e These exterior sprinklers shall be protected from physical damage and Teflon or wax coated f. Minimum 2A.10BC fire extinguisher required for every 3,000 square feet and 75' travel distance 3 Water Improvements. a. Hydrant locations and quantity shall be approved by the Fire Marshal. b All water lines need to be 8" per policy c. Existing 6" lines on Edgemoor and Temple Streets shall be upgraded to 8" lines. d. The entire water system for the project shall be looped e Water system requires for 3,000 GPM fire flow f. Check existing water line size on Edgemoor and Aubrey as they have been upgraded in areas with the Midland Road improvement project. 9 Hydrant water improvements shall bein place and operational prior to combustible material being brought on site 4 Access Requirements. a. Fire Department all weather access (asphalt) for use offirefighting equipment shall be provided to the immediate job construction site prior to combustible materials being brought on site and maintained at all times until construction is completed 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 Resolution No. P-09-04 Page 12 b Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. All road widths of 20 feet will be red curbed and signed c. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be eight inches on the front facade of the building. Individual units will have addresses clearly displayed for each in 4" letters or numbers. d A lit monument sign with 8" address numbers shall be installed. Location to be approved by the Fire Marshal, subject to obtaining a Sign Permit from the Development Services Department. e A backlit site plan denoting separate building address or address range along with individual unit locations shall be provided Site plans shall be accessible to drivers entering the complex shall be installed at each entrance area to the satisfaction of the Fire Marshal and the Planning Division. f. A 'Knox' Security Key Box shall be required for the Community Building at a location determined by the City Fire Marshal. H. Prior to issuance of a Certificate of Occupancy, the applicant shall comply with the following, in addition to other conditions stated herein. 1 The applicant/developer shall dedicate easements to the City for public water lines, public sewer lines, public drainage facilities, and general utility purposes that are deemed necessary for the project's development. Dedication of easements shall be recorded in the office of the Recorder of San Diego County no later than issuance of the first certificate of occupancy 2. Construction of driveways, street improvements, drainage facilities, slope landscaping and protection measures, and utilities, shall be constructed, completed, and inspected by the Engineering Inspector Construction of public improvements shall be completed. 3 All new and existing electrical/communication/CATV utilities within the boundaries of the project shall be installed underground. The applicant/ developer is responsible for complying with the requirements of this condition, and shall make the necessary arrangements with each of the serving utilities Resolution No P-09-04 Page 13 4 The applicant/developer shall execute an Encroachment Removal Agreement (also referred to as Encroachment Permit) with the City for anyprivate improvements placed within public street rights-of-way or City- held easements 5 A warranty bond/security shall be posted after completion of all public improvements required to be constructed with this project. The warranty bond/security shall be held by the City for one year after City's acceptance of public improvements 6 A Storm Water Facilities Maintenance Agreement shall be prepared and submitted to the City for review and approval and subsequent recordation in the office of the San Diego County Recorder Maintenance responsibility for the storm water facilities shall be the responsibility of the developer/lessee of the property 7 The developer shall, to the satisfaction of the City Engineer, repair any damages to Edgemoor Street, Brighton Way, Temple Street, and Adrian Street caused by construction activity from this project. 8 Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per PMC Section 16 52.130B of the Grading Ordinance 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. Grading securities shall be released only upon completion of the project and upon City approval of the record drawings of the grading plans I Upon occupancy, the following conditions shall apply' 1 The parking ofrecreational vehicles is prohibited 2 Landscape improvements (including within the right-of-way), hardscape improvements, and exterior building design enhancements are the perpetual maintenance responsibility of the property owner Section 5 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 February 3, 2009 Section 6 The approval of DR 08-05 shall expire on February 3, 2011, at 500 p.m , unless, prior to that time, a Building Permit has been issued in reliance on the Development Review Permit and has commenced prior to its expiration. Resolution No P-09-04 Page 14 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 3rd day of February 2009 ATTEST . Troyan, MMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No P-09-04, was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of February 2009, and that it was so adopted by the following vote AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSTAIN NONE ABSENT NONE . (j A. Troyan, MMC, City Clerk Cit of Poway Resolution No P-09-04 Page 15 EXHIBIT A MITIGATION MONITORING PROGRAM Interfaith Housing Incorporated General Plan Amendment 08-03, Zone Change 08-01, Specific Plan 08-01 and Development Review 08-05 Section 21081 6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation." This Mitigation Monitoring Program has been prepared in accordance with Section 21081 6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities The order shall remain in effect until compliance is assured Non-compliance situations, which may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. Topic Mitigation Measure Timing ResDonsibilitv Noise Prior to occupancy the applicant shall Prior to Applicant submit a study prepared by a qualified issuance of professional which assesses interior a Building noise, pursuant to City standards, for Permit those units which face the street to ensure that per Section 1708.230 of the Poway Municipal Code that interior noise levels do not exceed 45 dBA CNEL.