Res P-11-09RESOLUTION NO. P -11 -09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 10 -12
APN: 317- 474 -10
WHEREAS, Development Review (DR) 10 -12, submitted by Poway Villas
Community Housing Association, Applicant, is a request for approval of a new 2,080 -
square -foot community building, an exterior remodel and site upgrades at an existing
60 -unit apartment complex located at 13001 Bowron Road, in the Residential Apartment
(RA) zone; and
WHEREAS, on April 19, 2011, 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 : This project is exempt from the California Environmental Quality Act (CEQA),
as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines,
in that the project involves interior and exterior modifications to an existing project, and a
small addition to the project which will result in a negligible expansion of the use.
Section 2 : The findings for DR 10 -12, in accordance with Chapter 17.52 of the Poway
Municipal Code (PMC), are made as follows:
A. The new building, exterior renovation, and upgrades to onsite and offsite
improvements are consistent with the Zoning Ordinance and General Plan in that
they involve the renovation of an existing residential project that will bring the
project into closer compliance with City design standards; therefore, the project
respects the interdependence of land values and aesthetics to the benefit of the
City.
B. The new building and exterior renovation 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 exterior renovation is in compliance with the Zoning Ordinance in that the
exterior renovation will bring the building into compliance with City design
standards.
D. The development encourages the orderly and harmonious appearance of structures
and property within the City.
Section 3 : The findings, pursuant to Government Code Section 66020 for the public
improvements for DR 10 -12, are made as follows:
Resolution No. P -11 -09
Page 2
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 all
necessary services and facilities will be available to serve this project.
Section 4 : The City Council hereby approves DR 10 -12 involving a. new 2,080- square-
foot community building, an exterior remodel, and site upgrade of an existing 60 -unit
apartment complex located at 13001 Bowron Road, in the Residential Apartment (RA)
zone, as shown on the approved plans on file with the City, subject to the following
conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents, officers,
or employees, relating to the issuance of this permit, including, but not limited to,
any action to attack, set aside, void, challenge, or annul this development approval
and any environmental document or decision. The City may elect to conduct its
own defense, participate in its own defense, or obtain independent legal counsel in
defense of any claim related to this indemnification. In the event of such election,
applicant shall pay all of the costs related thereto, including without limitation
reasonable attorney's fees and costs. In the event of a disagreement between the
City and applicant regarding. litigation issues, the City shall have the authority to
control the litigation and make litigation related decisions, including, but not limited
to, settlement or other disposition of the matter. However, the applicant shall not be
required to pay or perform any settlement unless such settlement is approved by
applicant.
B. 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.
C. 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.
D. 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.
E. If temporary trailers are proposed to be installed onsite during site development and
work, the necessary approvals and permits shall be obtained prior to installation.
In accordance with Chapter 17.26 PMC, if a trailer for the apartment leasing office
is to be used on the subject property for up to 90 days, a Minor Development
Review Application approval shall be obtained from the Planning Division prior to
installation. If the period is more than 90 days in duration, a Minor Conditional Use
Permit approval by the City Council is required. All such units shall meet all
necessary requirements of zoning, building, fire, and health codes.
Resolution No. P -11 -09
Page 3
F. Proposed signage shall be in accordance with the Poway Sign Ordinance, the
necessary permits and approvals shall be obtained for any signage proposed prior
to installation.
G. Prior to construction, the applicant shall obtain a Building Permit. Prior to issuance
of a Building Permit, the applicant shall comply with the following:
1. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
(Engineering)
2. Applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on the
site plan and be appropriately sized for the proposed level of development.
3. Applicant shall submit a preconstruction request (on the standard city form)
and the meeting shall be held prior to permit issuance.
4. A minimum cash security for erosion control of $2,000 is to be posted.
5. A storm water pollution inspection fee is to be paid according to the latest
adopted master fee schedule. Currently, the inspection fee is $1,318.
6. Prior to the 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.
(Planning)
7. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, Chapter 17.07 PMC, and all other applicable codes
and ordinances in effect at the time of Electrical /Building Permit issuance.
8. Landscape and irrigation plans shall be submitted and approved. The
landscape and irrigation plans shall demonstrate compliance with the City of
Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and all
other applicable standards and ordinances in effect at the time of landscape
and irrigation plan check submittal. The landscape and irrigation plan
submittal is a separate submittal from other project plan check submittals,
and is made directly to the Planning Division. Landscape and irrigation plan
review fees are required and are the responsibility of the applicant.
a. The landscape plan shall show that adequate landscape screening will
be installed to screen vehicle lights from vehicles parked in the spaces
along the northerly limits of the parking lot.
Resolution No. P -11 -09
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b. Existing onsite trees shall be retained wherever possible and shall be
trimmed and maintained. A Tree Removal Permit shall be required for
the trees proposed for removal and replacement trees shall be
provided. A master plan of the existing onsite trees to determine
which trees are to be retained shall be included with the landscape
plan submittal. Any dead, decaying, or potentially dangerous trees
shall be approved for removal at the discretion of the Director of
Development Services during review of the master plan of existing
onsite trees. All trees that are removed shall be replaced as described
in PMC 12.32.
9. The applicant shall contact the Poway Unified School District to verify
if school impact fees for the additional building on the site are required. If
required, 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.
10. A detailed site lighting plan (which is a separate item from the building plan
check submittal) shall be submitted to the Planning Division for review and
approval of 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, 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. 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 housing project site shall
not create glare or otherwise shine onto nearby residential properties.
f. The parking lot light proposed at the easterly end of the parking lot
shall be relocated and sited at a location further west along the
parking plot to minimize light impacts to the adjacent attached
home lots along the northeasterly boundary of the subject property.
Resolution No. P -11 -09
Page 5
14. Re- striping of the parking lot shall be in compliance with City standards.
Parking spaces shall be double- striped. Prior to issuance of Building Permit,
the applicant is to submit an exhibit showing typical striping for review and
approval, to include a detail clearly demonstrating that the vehicular
overhang on the parking stalls on the west side of the site does not encroach
into the abutting ADA path of travel. Additionally, tire stops shall be provided
on parking stalls in situations where a tire stop is necessary to protect
landscape areas, to preclude a vehicle from hitting a wall or fence, or
encroaching into the required width for a pedestrian walkway. Striping and
tire stop installation shall be completed before issuance of the Certificate of
Occupancy.
15. Two -way drive aisles are to be a minimum of 25 feet wide. Show the
minimum width on the site plan with the building plan check.
16. Any signs (wall - mounted, monument, onsite directional) are not a part of this
approval and require separate review and approval of a Sign Permit.
17. Roof - mounted equipment shall be screened from public view to the
maximum extent feasible.
H. The following improvements shall be constructed to the satisfaction of the' City Fire
Marshal:
1. The buildings shall display their numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be 8 inches on
the front facade of the building.
2. A properly licensed contractor shall replace /install in all residences smoke
detectors that are hard -wired with AC power, along with battery backup.
3. Fire Department access for use of firefighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
4. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes', with appropriate signs and curb markings.
I. Prior to the City's approval for occupancy and release of securities, unless other
timing is indicated, the following conditions shall be satisfied:
1. 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 herein. A final inspection from
appropriate City departments will be required.
Resolution No. P -11 -09
Page 6
All existing and proposed utilities or extension of utilities required to serve the
project shall be installed underground. No permanent overhead utilities will
be permitted.
3. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided, to the satisfaction
of the Engineering Inspector.
4. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to the streets caused by construction activity from this project.
(Planning)
5. Landscaping and irrigation shall be installed per the approved project
landscaping plan to the satisfaction of the Director of Development Services.
Section 6 : 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 April 19,2011.
Section 7 : The approval of Development Review 10 -12 shall expire on April 19, 2013 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 Poway,
State of California, this 19th day of April 2011.
Don Higginson, Mayor
ATTEST:
Li A. royan, MMC, City Clerk
Resolution No. P -11 -09
Page 7
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- 11 -09, was duly adopted by the
City Council at a meeting of said City Council held on the 19th day of April 2011, and that it
was so adopted by the following vote:
AYES. BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
in A. Troyan, MMC, C' y Clerk
Ci y of Poway