Res P-08-33
RESOLUTION NO P-08-33
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 08-03
APNs. 317-101-16 and 17
WHEREAS, Development Review (DR) 08-03 was submitted by Hunt Douglas
Real Estate, a proposal to construct an approximate 13,500-square-foot commercial retail
building, with 46 onsite parking spaces, on the approximate one-acre site located at the
northwest comer of Poway Road and Community Road, in the Town Center (TC) zone;
and,
WHEREAS, on December 2, 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 has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program,
shown as Exhibit A of this Resolution, for Development Review 08-03 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.
Section 2: The findings for DR 08-03, in accordance with Section 1752 of the Poway
Municipal Code (PMC), are made as follows.
A. The project is consistent with the Zoning Ordinance and General Plan in that it
involves the redevelopment of the site with a new commercial building,
landscaping and other site improvements that are in compliance with City design
and development standards, therefore, the project respects the interdependence
of land values and aesthetics to the benefit of the City
B The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the project is in compliance with all City development
standards.
C The project is in compliance with the Zoning Ordinance in that it involves the
redevelopment of the site with a new commercial building, landscaping and other
site improvements that are in compliance with City design and development
standards
Resolution No P-08-33
Page 2
0 The development encourages the orderly and harmonious appearance of
structures and property within the City
Section 3 The findings, pursuant to Govemment Code Section 66020 for the public
improvements for DR 08-03, 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 the
public improvements that will be required, such as existing right turn lane
improvements, sidewalk widening and landscaping improvements in the right-of-
way, are designed to comply with City standards.
Section 4 The City Council hereby approves Development Review 08-03, a proposal
to construct an approximate 13,500-square-foot commercial retail building, with 46 onsite
parking spaces, on the approximate one-acre site located at the northwest corner of
Poway Road and Community Road in the Town Center (TC) zone and Poway Road
Specific Plan Area, as shown on plans dated September 29, 2008, 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 in effect at the time of Building Permit issuance
B Within 30 days of the date of this approval or before submittal of a Building Permit
application, whichever occurs first, 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
property, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner
0 The project shall be developed in accordance with the approved plans dated
July 30, 2008, which include the revised project exterior elevation dated
September 26, 2008, on file in the Development Services Department and the
conditions contained herein.
E. Prior to Grading Permit issuance, the applicant shall comply with the following.
1 A grading and drainage plan 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 and the applicable fees, to the
Development Services Department, Engineering Division. At a minimum,
the plan shall show/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
Resolution No P-08-33
Page 3
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 latest project title report. The applicant shall ensure 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
PMC 12.20080
g. Low Impact Development (LID) measures and strategy that will
emphasize conservation and the use of onsite natural features,
combined with engineered hydrologic controls to more closely reflect
pre-development hydrologic functions. This includes maximizing
infiltration, providing retention, 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.
I. Enhanced Treatment Control Best Management Practices to treat
runoff from the development prior to its passage to the existing storm
drain system.
J. Site design and source control Best Management Practices.
k. The proposed driveways on Poway Road and Community Road in
compliance with Regional Standard Drawings G-14A and G-16 This
includes the design requirement for slope compliance with the
Americans with Disabilities Act to accommodate wheelchair persons
on the driveway, as well as driveway total curb opening and
separation requirements The interior parking lot finish surface
Resolution No P-08-33
Page 4
elevations must accommodate the driveway approach grades per the
Standard Drawings The onsite curbing at the new driveway shall be
transitioned into O-face on both sides towards Poway Rd.
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:
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 driveways 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
4 Due to parking lot re-construction resulting in over 5,000 square feet of
impervious surfacing, this project shall comply with the Chapter 16 100
PMC for Standard Urban Stormwater 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.
5 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 Civil Engineer
6 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
Resolution No P-08-33
Page 5
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 erosion control can 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.
8 Construction staking is to be installed by the applicant and inspected by the
Engineering Inspector prior to any clearing, grubbing, or grading.
9 A Right-of-Way Permit shall be obtained from the Engineering Division for
any work to be done in the public right-of-way of Poway Road or
Community Road, or within any City-held easement.
10 Prior to issuance of the Grading Permit, the applicant shall submit a
separate improvement plan for Community Road and Poway Road; and at
a minimum the plan shall include the following:
a. Expanded right tum lane from southbound Community Road to
westbound Poway Road
b Location of the new curb on Community Road.
c. Show the new 10-foot sidewalk both on Community Road and
Poway Road.
d Show the location of the existing signal pole and the new location to
comply with the Americans with Disabilities Act (ADA) per the
Califomia MUTCD
e Show signal pole conduits and pull boxes
f Show the new 30-foot radius curb retum.
g. Show the existing and new locations of Fire hydrants.
h. Show the 2,200 square feet of right-of-way dedication.
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Page 6
I. Show the existing and new locations of street light poles on
Community Road
J. Show the locations of traffic loops (if any) on Community Road.
k. Show the proposed striping on the improvement plan.
I. Indicate and show any other proposed improvements.
m. Show that the extent of the decorative paving on the driveway
entrances to the site end at the property line and do not extend into
the street right-of-way
(Planning, Building, and/or the Fire Department)
11 Demolition of existing structures and removal of existing underground fuel
storage tanks on the site shall be completed A Demolition Permit is
required for removal of the existing structures. Prior to the issuance of a
Demolition Permit, the applicant shall complete a Hazardous Materials
Question Form and obtain any necessary government regulatory agency
clearances or approvals. All requirements of the Demolition Permit shall
be complied with to the satisfaction of the Building Official. An
Underground Tank Removal Permit is required for removal of the existing
underground fuel tanks. All requirements of the permit shall be complied
with to the satisfaction of the Fire Marshal.
12. The applicant shall provide documentation that contaminated soil
assessment has been completed to the satisfaction of the DEH and any
other govemment regulatory agency, if applicable Additionally, the
applicant shall provide documentation of any DEH, and/or other
govemment regulatory agency, requirements for soil remediation, if soil
remediation is required. If soil remediation is required, it may occur
concurrently with grading for the project subject to DEH, and/or any other
applicable govemment agency approvals The applicant shall be
responsible for verifying and receiving any applicable approvals necessary
to conduct soil remediation during grading for the project. If remediation
is required, the applicant shall comply with all requirements of the DEH
and/or any other applicable govemment agencies, and requirements of the
City Fire Marshal.
13 Submit detailed 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 Street trees and
raised landscape planter boxes, as required by the Town Center design
standards, shall be shown on the plans. The property owner shall have
perpetual maintenance responsibility for the onsite landscaping and the
street trees, street tree well grates, and raised landscape planter boxes and
Resolution No P-08-33
Page 7
landscaping. The landscape plan shall also show, and provide details
on, enhanced paving materials that will be provided at the project entrance
driveways, and on the pedestrian walkways leading onto the site from the
sidewalk, under the colonnades along the south and east building elevation,
and in front of the store entrance.
F Prior to construction, the applicant shall obtain a Building Permit. Prior to issuance
of a Building Permit, the applicant shall comply with the following:
(Engineering)
1 The applicant shall complete a lot merger process for the two contiguous
parcels (317-101-16 & 317-101-17) according to the Subdivision Map Act &
the Poway Municipal Code
2. 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
3 Erosion control devices, including, but not limited to, de-silting basin(s),
shall be installed and maintained by the applicant throughout construction
of the project.
4 Rough grading is to be completed, and shall 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
5 The following development fees shall be paid to the Engineering Division
Water' The size of the existing water meter is unknown. If the existing
meter is 1-inch in size, no upgrade is required and no charges apply If
there is going to be an upgrade to a larger size meter, the applicant shall
inform City staff 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
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
Resolution No P-08-33
Page 8
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' Connection charge $15,785.20'
'The connection charge is based on a building area of 13,412
square feet, but there will be a credit for the existing building square footage
and type of the usage
Sewer c1eanout fee $ 50 00 per c1eanout
Sewer c1eanout inspection fee $ 25 00 per c1eanout
Drainaqe $ 1,20000
6 No private improvements shall be placed or constructed within public street
rights-of-way or City easements unless the following are satisfied
a. An encroachment maintenance 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.
(Planning)
7 Prior to the issuance of a Building Permit, the applicant shall submit
documentation that soil remediation, if required, has been completed to the
satisfaction of DEH, and/or any other applicable govemment agencies,
and/or submit documentation that DEH, and/or any other applicable
govemment agencies, have provided clearance for construction of a
building to occur on the site
8 The applicant shall submit a report, prepared by a qualified professional,
that documents that the noise associated with the amplified speaker system
at the pharmacy drive through is in compliance with City standards.
9 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
10 All architectural details shown on the approved DR plans shall also be
shown on the building plan check submittal. Any significant changes from
the building and site design details on the approved DR plans will require a
DR revision and City Council approval.
Resolution No P-08-33
Page 9
11 The northerly, second-story portion of the east building elevation shall be
architecturally enhanced to the satisfaction of the Director of Development
Services. Prior to the submittal of a Building Permit application/plan
check, the applicant shall submit a concept plan that shows the
architectural enhancements for review and approval.
The building plans shall include elevations and details for the comer shade
structure, the low decorative wall along the street frontages, and the pair of
columns marking the mid-site pedestrian connection from the sidewalk
along the Community Road frontage All these elements shall incorporate
enhanced design elements similar to those used on the building to the
satisfaction of the Director of Development Services.
12. 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
13 A detailed site lighting plan (which is a separate item from the building plan
check submittal) shall be submitted for review and approval by the Director
of Development Services. The plan shall show all project lighting and
generalized specifications/notes that show all new lighting complies with the
following'
a. All outdoor lighting fixtures, including, but not limited to, illuminated
signage from any extemal source, decorative building or landscape
lighting, and parking lot lighting shall be tumed off between the hours
of 11'00 p.m. and sunrise, and when the business is closed.
Exceptions are for 24 hour businesses and when lighting is used for
security purposes
b All lighting used in the parking lot shall be low-pressure sodium.
c. Lighting fixtures shall be designed to integrate with the project's
architectural design concept.
d. Freestanding lamp posts shall be no taller than 18 feet.
e The intensity of light at the boundary of the site shall not create glare
or otherwise shine onto nearby residential properties.
12. Signs are not a part of this approval, and require separate review and
approval of a Sign Permit.
G The following improvements shall be constructed to the satisfaction of the City Fire
Marshal:
Resolution No. P-08-33
Page 10
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. The minimum size of the building numbers shall be six
inches on the front fagade of the building. The building address shall also
be displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriffs Dept. - ASTREA criteria.
3 Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with an all-weather driving surface of
not less than 20 feet of unobstructed width, with adequate roadway tuming
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 Poway Municipal
Code, shall approve the road surface type.
4 The building will be required to have an approved fire sprinkler system
installed meeting PMC 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. A water analysis will be required.
5 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.
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 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 A minimum 3AAOBC fire extinguisher is required for every 3,000 square
feet and 75' travel distance
Resolution No P-08-33
Page 11
10 If an elevator is installed, at least one shall be sized to accommodate a
normal hospital gumey Minimum dimensions for the inside car platform
shall meet the "Medical" size standards per the California Building Code.
11 The addition of onsite fire hydrants may be required, dependent upon the
results of the required water analysis and placement of the required fire
service underground improvements associated with the fire sprinkler
requirement listed in Item # 4 The City Fire Marshal shall determine the
location of the hydrants.
12. Material Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in the building
13 An Emergency Contingency Plan and Hazardous Materials Disclosure shall
be filed with the County of San Diego Department of Health and copies
provided to the Fire Department.
14 Prior to delivery of combustible building material 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 The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction of
the City
15 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 The door shall be labeled with a sign indicating
"Fire Sprinkler Riser" When the closet method is chosen, the applicant
shall provide 36 inches of clearance from the standpipe or attached
additional risers accessible by a 3'-0" man door
16 Permits will be required from the Fire Department for the removal of existing
underground flammable liquid storage tanks located on these parcels prior
to Grading Permit issuance
H. Prior to the City's approval for occupancy and release of securities, unless other
timing is indicated, the following conditions shall be satisfied:
(Engineering)
1 The curb return at the northwest corner of Poway Road & Community Road
shall be constructed pursuant to the approved street improvement plan.
2 The signal pole at the northwest corner of Poway Road & Community Road
shall be relocated to comply with the Americans with Disabilities Act per the
latest edition of MUTCD
Resolution No P-08-33
Page 12
3 At the northwest comer of Poway Road and Community Road, the new
right-of-way line shall be a straight line connecting the beginning and
end points of curb retum. The area between the curb return and the new
right-of-way lihe shall be dedicated to the City for a pedestrian easement.
4 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
5 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
6 The developer shall repair, to the satisfaction of the City Engineer, any and
all damages to public road improvements on Poway Road and Community
Road caused by construction activity from this project.
7 Record drawings signed by the engineer of work shall be submitted to the
Engineering Division prior to a request for occupancy, per PMC 6 52.130B
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.
8 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.
9 The easement dedication for public improvements, such as sidewalk and
street, shall be processed, finalized and recorded.
(Planning)
10 The site shall be developed and the building elevations shall be constructed
in accordance with the approved plans on file in the Development Services
Department and the conditions contained here. A final inspection from
appropriate City Departments will be required
11 The applicant shall provide documentation which demonstrates that all San
Diego County Department of Environmental Health, and/or any other
government agency, requirements pertaining to contaminated soils
remediation and/or installation vapor remediation measures have been
satisfied
I Upon establishment of the use the following conditions shall be satisfied
Resolution No P-08-33
Page 13
1 Landscape improvements (including within the right-of-way), hardscape
improvements, and exterior building design enhancements are the
perpetual maintenance responsibility of the property oWner
2. Prior to the installation of any ground water remediation equipment, if
ground water remediation ultimately is required by DEH and/or other
govemment agencies, the applicant shall apply for, and receive approval of,
an amendment to Development Review (DR) 08-03
3 The sound level of the speaker system associated with the drive-through
pharmacy shall be limited to the sound level typical of a normal
conversation.
Section 6 Pursuant to Govemment 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 December 2, 2008
Section 7 The approval of Development Review 08-03 shall expire on December 2,
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
PASSED, ADOPTED and APPROVED by the City Council of the City of POW2\
State of Califomia, this 2nd day of December 2008
Michael P C a
~TTEST
.
Resolution No P-08-33
Page 14
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No P-08-33, was duly adopted by the City Council at a meeting of
said City Council held on the 2nd day of December, 2008, and that it was so adopted by
the following vote
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE
- .
Ind A. Troyan, MMC, City Clerk
C' of Poway