Res P-09-19
RESOLUTION NO. P-09-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MAJOR USE PERMIT P79-103M(2),
DEVELOPMENT REVIEW 83-02R AND
UNDERGROUND WAIVER 08-01
ASSESSOR'S PARCEL NUMBER 273-100-26
WHEREAS, Major Use Permit P79-103M(2), Development Review (DR) 83-02R
and Underground Waiver (UW) 08-01 were submitted by the Rancho Bernardo
Historical Society, ApplicanUthe Bernardo Winery Inc., Owner, to construct a 2,176-
square-foot history museum at the Bernardo Winery located at 13150 Old Winery Road,
on property that is zoned Open Space-Recreation (OS-R) and Rural Residential C
(RR"C). The UW request is to allow existing overhead utility service on the Winery
property to remain; and
WHEREAS, on July 7, 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 project is Categorically Exempt as a Class 3 Categorical Exemption
from the California Environmental Quality Act (CEQA), pursuant to Section 15303 of the
CEQA Guidelines, in that the project involves construction of a small (not exceeding
2,500 square feet in size) commercial building not involving the use of significant
amounts of hazardous substance.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for P79-103M(2) to allow the construction and establishment of
a 2,176-square-foot history museum at the Bernardo Winery located at 13150 Old
Winery Road, on property that is zoned Open Space Recreation (OS-R) and Rural
Residential C (RR-C), are made as follows:
A The proposed location, size, design, and operating characteristics of the museum
are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permit Regulations), the City General Plan, and the development policies and
standards of the City in that a museum is allowed with a Conditional Use Permit.
B. The location, size, design, and operating characteristics of the proposed museum
will be compatible with, and will not adversely affect or be materially detrimental
to, adjacent uses, residents, buildings, structures, or natural resources in that the
museum building will observe a minimum 50-foot setback from adjacent
residential development.
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Page 2
C The proposed museum building is in harmony with the scale, bulk, coverage and
density of, and is consistent with the adjacent uses and development in that the
proposed museum will be located within an existing, previously developed area,
and will be similar in scale and design to the existing Bernardo Winery buildings.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed museum.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed museum building has been designed and
sited such that it will be compatible with the surrounding development. The use
will be located within the existing Bernardo Winery commercial complex and a
minimum 50-foot setback will be observed from the adjacent residentially-zoned
properties.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the
General Plan in that the proposed small historical museum will generate minimal
additional traffic over what currently exists. Therefore, the proposed project is
found to be consistent with the Circulation Element of the General Plan.
G. The site is suitable for the type and intensity of use or development that is
proposed in that it is located in an area with suitable circulation and other
infrastructure.
H. There will not be significant harmful effects upon environmental quality and
natural resources, in that the proposed museum is located on a developed
property and does not involve the removal of natural habitat resources.
L There are no relevant negative impacts associated with the proposed museum
that cannot be mitigated.
J. That the potential impacts, and the proposed location, size, design, and
operating characteristics of the proposed museum will not be materially injurious
to properties or improvements in the vicinity, nor be contrary to the adopted
General Plan.
K. The proposed museum will comply with all the applicable provisions of Chapter
17.48 PMC in that the project will meet all current development standards.
Section 3: The findings, In accordance with Chapter 1752 PMC to approve
DR 83-02R as shown on the project site plan dated May 1, 2009, and conceptual
architectural plans dated February 9, 2009, on file with the Development Services
Department, are made as follows:
Resolution No. P-09-19
Page 3
A That the approved project is consistent with the General Plan as it proposes the
construction of a museum on property for which a museum is an allowed use
with the approval of a Conditional Use Permit. Therefore, the proposed
use respects the interdependence of land values and aesthetics to the benefit
of the City.
B. That the approved project will not have an adverse affect on the aesthetics,
health, safety, or architecturally related impact upon adjoining properties as the
museum building is consistent in design, size and scale with surrounding
Bernardo Winery buildings and residential development in the area. Therefore,
the proposed design, size and scale of the proposed museum is compatible with
and will not adversely affect or be materially detrimental to adjacent uses,
residents, buildings, structures, or natural resources.
C. That the granting of a revision to DR 83-02R would not be materially detrimental
to the public health, safety, or welfare since the proposed development is an area
with existing infrastructure and the use will complete improvements as deemed
necessary.
D. That the approved development encourages the orderly and harmonious
appearance of structures and property within the City in that the museum
building is in scale, and consistent with existing commercial and residential
development in the area. Therefore, the proposed development respects the
public concerns for the aesthetics of development.
E. That the proposed museum use will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity, nor
be contrary to the adopted General Plan.
F. That the proposed museum will comply with each of the applicable provisions of
the Zoning Ordinance and the General Plan.
Section 4: Pursuant to Government Code Section 66020, the design and
improvements of the proposed development are consistent with all elements of the
Poway General Plan, as well as City Ordinances, because all necessary services and
facilities will be available to serve this project. The construction of public improvements
is needed as a result of the proposed development to protect the public health, safety,
and welfare as identified below:
A In accordance with the Poway General Plan, the project will require the payment
of sewer fees, which are assessed on a pro-rata basis, to finance public
infrastructure improvements, which promote a safe and healthy environment.
Section 5: The findings, in accordance with City Council Resolution No. 91-003,
establish that an underground waiver may be granted for development proposed by a
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Page 4
non-profit use. The museum is proposed by the Rancho Bernardo Historical Society,
a non-profit organization. The cost to underground the existing overhead utility service
on the Bernardo Winery property would be financially burdensome for the Historical
Society to undertake as a requirement for development of the museum.
Section 6: The City Council hereby approves P79-103M(2), Development Review
83-02R and Underground Waiver 08-01, to allow the construction and establishment of
a 2,176-square-foot history museum at the Bernardo Winery located at 13150 Old
Winery Road, on property that is zoned Open Space-Recreation (OS-R) and Rural
Residential C (RR-C), as shown on the site plan dated May 1, 2009, and conceptual
architectural plans dated February 9, 2009, subject to the following conditions:
A Approval of this project request 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, the applicant shall submit in writing
that all conditions of approval have been read and understood.
1. Prior to issuance of a Grading Permit or Building Permit, legal
documentation concerning the ownership of the Bernardo Winery shall be
submitted to the satisfaction of the Director of Development Services; and
the property owners shall execute a Covenant Regarding Real Property
listing the Resolution of Approval.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses.
D. The conditions of P79-103M(2) and DR 83-02R shall remain in effect for the life
of the Bernardo Winery operation, and shall run with the land and be binding
upon future owners, successors, heirs, and transferees of the current property
owner.
E. P79-103M(2) may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year.
F. All construction activity on the project site, including equipment preparation, shall
be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday.
G. Prior to the issuance of a Grading Permit, the applicant shall comply with the
following:
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1. All spoil materials from footings and foundations shall be legally disposed
of offsite, unless a Grading Permit for placement of the materials is
obtained from the Department of Development Services - Engineering
Division prior to placement or the applicant has received verification from
the Department in writing that no permit is required.
2. Provide certification from a California licensed engineer or licensed
architect certifying that a Grading Permit will not be required pursuant
to the PMC. The letter shall be in a form acceptable to the City of Poway,
signed and sealed in accordance with the Business and Professions
Code, and include the calculations used to make the determination.
3. The applicant shall incorporate Low Impact Development (LID) design
features into the site development to the satisfaction of the City Engineer.
These shall be clearly shown and identified on the site plan and be
appropriately sized for the proposed level of development.
H. The applicant shall obtain a Building Permit prior to construction of the museum
building, and the applicant shall comply with the following, prior to issuance of a
Building Permit:
1 The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, California Codes, and all other applicable codes
and ordinances in effect at the time of Electrical/Building Permit issuance.
2. The site shall be developed in accordance with the approved plan on file
in the Development Services Department (dated May 1, 2009) and the
conditions contained herein. A final inspection from the appropriate
City Departments will be required.
(Engineering)
3. An erosion control cash security, in the amount of $2,000, is required prior
to issuance of a Building Permit.
4. The applicant shall attend a pre-construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer.
5. Prior to start of any work within a City-held easement or right-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.
6. The applicant shall pay all applicable development impact fees in effect at
time of payment.
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Page 6
7. Underground Waiver 08-01 shall not apply to service to a structure; Jines
between the proposed museum and the nearest pole must be installed
underground.
a. A note shall be added to the building plans that all utility service to
the museum building will be installed underground.
b The property owner shall record a deed covenant agreeing not to
oppose a future private or public undergrounding district, and pay a
pro rata share of future undergrounding costs. The deed covenant
shall be in a form satisfactory to the Director of Development
Services.
(Planning)
8. Building plans shall show the proposed colors, texture and type of the
exterior building materials for the museum building. The materials and
colors shall be consistent with the approved colors on file in the Planning
Division.
9. All entrances shall provide disabled person access to the satisfaction of
the Building Division.
10. Any proposed trash receptacles for the museum use shall be enclosed by
a six-foot-high masonry wall with view-obstructing gates. The location
shall be subject to approval by the Planning Division.
11. Complete landscape construction documents shall be submitted to and
approved by the Planning Division. Landscape plan-check fees are
required upon submittal of the plans. Plans shall be prepared in
accordance with the City of Poway Guide to Landscape Requirements
(latest edition) and include the following:
a. A landscape island is required for every 8-10 parking spaces.
b. In parking stalls adjacent to landscape planters, wheel stops shall
be placed two feet from the landscape areas.
c. One 15-gallon tree, per City specifications, shall be provided for
every three required parking spaces. Therefore a minimum of three
trees shall be provided. Said trees shall be located to provide
shade cover for the vehicles.
12. The site plan shall show and note all required and excess parking.
Parking for the museum shall be provided at a rate of 1 space/250 square
feet of gross floor area. Based on the proposed building area being
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Page 7
2,176-square feet, a minimum of nine parking spaces shall be provided.
Wheel stops shall be provided for each required parking space.
13. The limits of each of the nine required parking spaces shall be clearly
defined/marked in a manner acceptable to the Director of Development
Services (i.e., in-ground concrete markers, construction whiskers, etc.)
The minimum dimensions for standard sized parking stalls shall be
8.5' x 18.5'. The parking lot design shall comply with the Americans
with Disabilities Act for accessible spaces, with one van accessible space.
14. Any proposed parking lot lights shall be low-pressure sodium, not exceed
a maximum height of 18 feet from the finished grade of the parking
surface, and be directed away from all property lines, adjacent streets and
buildings on adjacent lots. Details of any new exterior lighting shall be
included on the building plans, including fixture type and design.
15. Any proposed security lighting shall utilize low-pressure sodium fixtures.
The fixtures shall be shielded, with well-defined cut-off limits to confine
illumination to onsite areas only. Wall-mounted security lights shall
only be used on the rear or interior sides of buildings.
16. All roof appurtenances, including air conditioners, shall be architecturally
integrated, screened from view, and sound buffered from adjacent
properties and streets to the satisfaction of the Director of Development
Services.
(Public Works)
17. The applicant shall comply with the following requirements to the
satisfaction of the Director of Public Works:
a. The subject property shall be annexed into Landscape
Maintenance District 86-1. Contact the Public Works Department
at (858) 668-4704.
b. The property shall be rezoned from Lighting District Zone B to
Zone A. Contact the Public Works Department at (858) 668-4704.
I. The applicant shall comply with the following requirements to the satisfaction of
the Director of Safety Services:
1. Roof covering shall be fire retardant as per the California Building Code
and City of Poway Ordinance No. 64.
2. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with an all-weather
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Page 8
driving surface of not less than 20 feet of unobstructed width, with
adequate roadway turning radius capable of supporting the imposed loads
of fire apparatus, and 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 PMC, shall approve the road surface type.
3. A 'Knox' Security Key Box shall be required for the building at a location to
be determined by the City Fire Marshal.
4. Fire Department access for use of firefighting equipment shall be provided
to the immediate job site at the start of construction and be maintained at
all times until construction is completed.
5. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
6. Minimum 2A:20BC fire extinguisher required for every 3,000 square feet
and 75' travel distance.
7. The addition of one fire hydrant is required. It will be located within
the City of San Diego boundaries, adjacent to the building access which
is located in the City of Poway. Permits for the hydrant shall be obtained
from the City of San Diego and the hydrant installed prior to combustibles
being brought onsite. The City Fire Marshal has approved the location of
this hydrant.
8. 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.
J. Compliance with the following conditions is required prior to issuance of a
Certificate of Occupancy:
1. The site shall be developed in accordance with the approved plans on
file in the Planning Division for Major Use Permit P79-103M(2) and
DR 83-02R. A final inspection from all the appropriate City Departments
will be required and approval for occupancy obtained.
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Page 9
(Engineering)
2. All proposed utilities or extension of utilities required to serve the project
shall be installed underground. No extension of overhead utilities shall be
permitted.
(Planning)
3. Site landscaping and irrigation shall be installed per the approved project
landscape plan.
K. The following performance standards shall apply to the Bernardo Winery
property:
1. Use of the outdoor display area at the museum shall comply with the
following:
a. Use of outdoor display shall be limited to the display area shown on
the project site plan dated May 1, 2009, and on file in the
Development Services Department, Planning Division and shall not
interfere with automobile or pedestrian circulation.
b. Not obstruct any landscape areas or parking spaces.
c. Not obscure or interfere with any official notice or public safety sign
or device.
d. The outdoor display must be self-supporting, stable and weighted,
or constructed to withstand overturning by wind or contact. The
display shall not be permanently affixed to any object, structure,
or anything on the ground, including utility poles or light poles.
e. The outdoor display shall be continuously maintained in a state of
order, security, safety, and repair. The display surface shall be
kept clean, neatly painted, and free of rust, corrosion and
protruding tacks, nails andlor wires. Any cracked, broken surfaces,
or other unmaintained or damaged portion of a display shall be
repaired, replaced or removed within 30 days of notification by the
City.
f. Display items shall be limited to those normally associated with the
museum and shall not be in disrepair or visually unattractive.
g. All outdoor displays shall be tasteful and assist in creating a top-
quality environment.
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Page 10
h. Electricity shall not be utilized, nor shall any noise be generated by
an outdoor display.
I. The display area shall be kept clean and orderly, and shall maintain
an attractive appearance. No item shall be displayed in a manner
that is unsightly or creates any other condition that is detrimental
to the appearance of the premises or any surrounding property;
or in any other manner that is detrimental to the public health,
safety or welfare, or causes a public nuisance.
J. The outdoor display shall comply with all requirements of the
Building Code and Fire Code.
2. All lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any adjoining
properties. Any modification to the location of existing, or the addition
of new, parking lot lights shall require the approval of the Director of
Development Services.
3. The parking areas and driveway shall be well maintained.
4. All landscaping onsite and 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 trees and to protect the public safety. Trees should be
trimmed or pruned as needed to develop a strong and healthy trunk and
branch system.
5. The use shall comply with the City's Noise Ordinance.
6. The owner or operator of the facilities shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this Permit.
7. A minimum 50-foot setback buffer shall be maintained for any building for
the 440-foot distance extending along the easterly property line, north from
the southeasterly property corner of the Bernardo Winery.
8. Any signs proposed shall be designed and approved in conformance with
the Poway Municipal Code and require the approval of a separate Sign
Permit.
L. The conditions of approval established with Resolution P-83-16 for Major Use
Permit P79-103M and DR 83-02 for the Bernardo Winery remain in effect.
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Page 11
Section 7: Pursuant to Government Code Section 66020(d)(1), the 90-day period
to protest the imposition of any fee, dedication, reservation, or other exaction
described in this Resolution begins on July 7, 2009. Any such protest must be in a
manner that complies with Government Code Section 66020. In addition to the
appeal requirements pursuant to the Government Code, a written appeal of this
decision pursuant to the Poway Municipal Code must also be filed.
Section 8: The approval of P79-103M(2), DR 83-02R and UW 08-01 shall expire on
July 7 , 2011 , at 5:00 p.m., unless, prior to that time, a Building Permit has been issued
and construction on the property in reliance on the project approval 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 July 2009.
~~~
Don Higginson, Mayor
ATTEST:
a . Troyan, MMC, City Clerk
Resolution No. P-09-19
Page 12
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-09-19, was duly adopted by
the City Council at a meeting of said City Council held on the 7th day of July 2009, and
that it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, REXFORD, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
- -
I::Jl]..da A. Troyan, MMC, City Clerk
City of Poway