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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. Resolution No P-08-33 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