Res P-11-22RESOLUTION NO. P -11 -22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
(STATE CLEARINGHOUSE NO. 2009061083)
FOR THE WALMART EXPANSION PROJECT,
ADOPTING CANDIDATE CEQA FINDINGS,
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM,
APPROVING DEVELOPMENT REVIEW (DR) 90- 12R(2), AND
RESCINDING CUP 90 -10, CUP 90 -10M, CUP 90- 10M(3)
ASSESSOR'S PARCEL NUMBERS 317 - 130 -42 and 66
WHEREAS, a request for a revision to Development Review 90 -12R was
submitted by Walmart Stores, Inc. to expand and remodel the existing Walmart retail
store at 13425 Community Road ( "Project'), in the Commercial General (CG) zone and
the Specific Plan 98 -01 area. The expansion consists of adding 36,996 square feet
of commercial retail uses, resulting in a 179,933- square -foot Walmart store with a
full- service grocery department. The Project will include demolition of the existing
Tire and Lube Express and an adjacent, vacant, approximately 7,000- square -foot
commercial structure; and
WHEREAS, the Tire and Lube Express facility for which a Conditional Use
Permit (CUP) was required will be eliminated; therefore, CUP 90 -10, CUP 90 -10M and
CUP 90- 10M(3) are no longer applicable or necessary for the project site; and
WHEREAS, the Project consists of the Final Environmental Impact Report
(State Clearinghouse No. 2009061083) and DR 90- 12R(2); and
WHEREAS, on June 19, 2009, the City circulated an Initial Study ( "IS ") and Notice
of Preparation ( "NOP "). identifying the environmental issues to be analyzed in the
Project's EIR to the State Clearinghouse, responsible agencies, and other interested
parties; and
WHEREAS, The NOP public review period was 30 days and on July 7, 2009,
an EIR/project scoping hearing held to solicit input on the subject matters to be studied
in the EIR. The City considered written comments received when determining the final
scope of the EIR's analysis; and
WHEREAS, written comments on the Draft EIR were received during a 45 -day
public review period from April 28 to June 13, 2011, and the Draft EIR was revised to
include suggested changes, where appropriate. The City of Poway, acting as the
California Environmental Quality Act (CEQA) Lead Agency, has completed the Final EIR
(State Clearinghouse No. 2009061083), including the preparation of responses to public
comments received on the Draft EIR, in accordance with CEQA, the Guidelines for
the implementation of CEQA, and local procedures to implement CEQA adopted by the
City of Poway; and
Resolution No. P -11 -22
Page 2
WHEREAS, a duly noticed and advertised public hearing was held by the City of
Poway City Council on August 23, 2011, to consider the Final EIR and the proposed
Project in accordance with the California Government Code and CEQA, and all interested
persons expressing the desire to comment having been heard, and said Final EIR and all
public comments received and responses thereto have been considered by the City
Council; and
WHEREAS, the City Council acting as the CEQA Lead Agency, has independently
reviewed and considered all public comments received and responses thereto, and all
environmental documentation comprising the Final EIR; and
WHEREAS, the City Council acting as the CEQA Lead Agency, hereby finds that
the Final EIR analyzes all potential environmental effects of the proposed Project,
recommended mitigation measures, a reasonable range of project alternatives, and
a Mitigation Monitoring and Reporting Program pursuant to CEQA for the implementation
of the Project, and finds that the Final EIR is complete and adequate and fully complies
with all requirements of CEQA; and
WHEREAS, Section 21081 of the CEQA Statutes and Sections 15091 through
15093 of the CEQA Guidelines requires that when a Final EIR identifies one or more
significant effects of the project written findings shall be made prior to the approval of the
project; and
WHEREAS, the City Council has read and considered the Agenda Report and
the Final EIR, and has considered other evidence presented at the public hearing
concerning the Final EIR and the proposed Project application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway,
as follows:
Section 1 : The City Council finds that the Final EIR reflects the independent judgment
of the City Council and hereby certifies that the Final EIR document is complete and
adequate for the proposed Project, and that said document fully complies with the
CEQA Statutes, the CEQA Guidelines, and related local implementation procedures.
The Final EIR consists of the revised Draft EIR, Mitigation Monitoring and Reporting
Program, and responses to public comments received. The Final EIR is fully
incorporated herein by this reference.
Section 2 : The City of Poway, as lead agency and decision - maker, having reviewed
and considered the information contained in the Final EIR for the Project and the public
record, finds that there are changes or alterations to the project which avoid or
substantially lessen the identified significant environmental impacts; specifically,
implementation of the mitigation measures as contained in the Final EIR and detailed
within Exhibit A - Candidate CEQA Findings (Statement of Facts) and within Exhibit B -
Mitigation Monitoring and Reporting Program attached hereto and fully incorporated
herein by this reference.
Resolution No. P -11 -22
Page 3
Section 3 : The City Council hereby adopts, by this Resolution, the Findings required
by CEQA Guidelines Sections 15091 -15093 and said Findings are attached hereto as
Exhibit A - Candidate CEQA Findings (Statement of Facts) and are fully incorporated
herein by this reference. The City Council finds that all identified significant effects
of the proposed Project that can be avoided or feasibly mitigated have been reduced
to a level of less than significance with the imposition of recommended mitigation
measures contained in the Final EIR and its Mitigation Monitoring and Reporting Program
(MMRP). The City Council hereby adopts the MMRP contained in the Final EIR, and
as attached hereto as Exhibit B, and said MMRP is fully incorporated herein by this
reference.
Section 4 : The City Council finds that the Final EIR has described and analyzed
a reasonable range of alternatives to the Project. The City Council further finds that
the alternatives to the Project have been rejected as infeasible, based on specific
economic, social or other considerations as set forth in the Candidate CEQA Findings
(Statement of Facts) attached hereto as Exhibit A and the Final EIR.
Section 5 : Upon certification of the Final EIR and approval of the Project, the
City Clerk is hereby directed to file a Notice of Determination with the County Clerk
of San Diego County and the Office of Planning and Research, and shall certify the
adoption of this Resolution. The Director of Development Services is hereby directed
to distribute the Final EIR in accordance with CEQA.
Section 6 : The findings, in accordance with Chapter 17.52 PMC for DR 90- 12R(2)
are made as follows:
A. The project is consistent with the Zoning Ordinance and General Plan in that the
addition to and renovation of the existing commercial building, landscaping and
other site improvements 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
addition to and remodel of the existing commercial building, landscaping and other
site improvements in compliance with City design and development standards.
D. The development encourages the orderly and harmonious appearance of
structures and property within the City.
Section 7 : The findings in accordance with Government Code Section 66020 for the
public improvements needed as a result of the proposed development to protect
the public health, safety, and welfare are made as follows:
Resolution No. P -11 -22
Page 4
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 facilities will be available to serve this project.
B. 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
and further described in the conditions of approval:
1. Extension of the existing left turn lane improvements at Poway Road and
Community Road, and replacement of related curb ramp improvements.
2. Installation of a street light at Hilleary Place.
3. Installation of one or more onsite fire hydrants, expansion of the public
water system necessary to support the installation of the hydrants, and
dedication of related public utility easements.
4. Dedication of City easements related to public water system improvements
and for access to privately maintained storm water treatment
improvements.
5. Modification of sidewalk and driveway improvements.
6. Installation of landscaping improvements in the right -of- way.
C. In accordance with the Poway General Plan, the project requires the payment
of development impact fees, which are assessed on a pro -rata basis to finance
public infrastructure improvements, which promote a safe and healthy environment
for the residents of the City.
Section 8 : The City Council hereby approves DR 90- 12R(2) for the remodel and
36,996- square -foot addition to the existing Walmart store at 13425 Community Road, in
the CG zone and Specific Plan 98 -01 area. The Project will include demolition of the
existing Tire and Lube Express and adjacent, vacant, 7,000- square -foot commercial
structure. The Tire and Lube Express will not be replaced. This approval is based on
the approved, stamped plans on file in the Development Services Department and is
subject to the following conditions:
(Planning)
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
Resolution No. P -11 -22
Page 5
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. Prior to Grading Permit issuance, the applicant shall complete the following to the
satisfaction of the Director of Development Services:
(Engineering)
1. Low Impact Development (LID) design features shall be incorporated 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.
2. The project requirements for fire protection call for the installation of one
or more fire hydrants and expansion of the public water system necessary
to support the installation of the hydrants. A water system analysis is
required for final design of the proposed public water system expansion and
shall be completed prior to the issuance of a Grading Permit. Applicant
shall pay for the cost of preparing the analysis prior to submittal of
improvement plans.
3. Submit a precise grading plan for the development of the lots prepared on
a City of Poway standard sheet at a scale of 1" = 20', unless otherwise
approved by the City project engineer. Submittal shall be made to the
Department of Development Services Engineering Division for review and
approval. The grading design shall be 100% complete at the time of
submittal, ready for approval and issuance of the permit. Incomplete
submittals will not be accepted. All technical studies as required by
Chapter 16 PMC shall be submitted.
Resolution No. P -11 -22
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4. Water Quality Control — Drainage and Flood Damage Prevention
A drainage study addressing the impacts of a 100 -year storm event,
prepared by a registered Civil Engineer, is to be submitted and approved.
The study shall evaluate existing and proposed hydrologic and hydraulic
conditions to the satisfaction of the City project engineer.
5. Water Quality Control — Design and Construction
The project shall comply with the City's Jurisdictional Urban Runoff
Management Program (JURMP). The project is considered a Priority
Project and will be subject to the Standard Urban Stormwater Management
Plan (SUSMP) as outlined in the PMC and the Poway Local SUSMP. A
Water Quality Technical Report (WQTR), prepared by a registered Civil
Engineer is to be submitted and approved.
a. Provide two copies of an Operation & Maintenance (O &M) plan in
accordance with Chapter 16.104 of the PMC.
b. Property owner shall execute an approved Storm Water
Management Facilities Maintenance Agreement accepting
responsibility for all structural BMP maintenance, repair and
replacement as outlined in the Operations and Maintenance plan.
The operation and maintenance requirements shall be binding on the
land throughout the life of the project as outlined in Chapter 16.104
PMC.
6. Water Quality Control — Construction Storm Water Management
Compliance
Provide proof of coverage under the General Permit for Discharges of
Storm Water Associated with Construction Activity (Construction General
Permit, 2009 - 0009 -DWQ, as amended by Order 2010 -0014) prior to start of
construction and include a copy of the Storm Water Pollution Prevention
Plan (SWPPP).
7. Grading securities in the amount and form described in Chapter 16.46 PMC
shall be posted with the City prior to grading plan approval. This will
include a minimum cash security of $2,000 in all instances.
8. Any existing and proposed public easements shall be depicted on the
grading plans. Any proposed public easement dedications shall be
submitted prior to Grading Permit issuance.
9. Any private improvements within any publically held easement or right -of-
way may require an Encroachment Agreement as determined necessary by
the City Engineer. All necessary encroachment agreements shall be
approved and executed prior to Grading Permit issuance.
Resolution No. P -11 -22
Page 7
10. Following approval of the grading plans, posting of securities and fees, and
receipt of three copies of the approved plans, 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.
11. As applicable, construction staking is to be installed and inspected by
the Engineering Inspector prior to any clearing, grubbing or grading.
Provide two copies of a written certification, signed and sealed in
accordance with the Business and Professions Code, by the engineer
of record stating that all applicable areas have been staked in accordance
with the approved plans.
12. Improvement plans prepared on a City of Poway standard sheet at a scale
of 1 " = 20', unless otherwise approved by the City project engineer, in
accordance with the submittal and content requirements listed in the PMC
shall be approved. Submittal shall be made to the Engineering Division
for review and approval. The improvement design shall be 100% complete
at the time of submittal and ready for approval. The plan shall include,
at a minimum the following features:
a. The dual eastbound left -turn lanes at the intersection of Poway Road
and Community Road shall be extended in accordance with the
recommendations of the approved traffic study.
b. All existing and proposed easements shall be depicted on the plans.
C. All public improvements, including pedestrian/access and utility
appurtenances, are to be located completely within City rights -of -way
or City -held easements.
d. Curb ramps at the intersection of Poway Road and Community Road
shall be replaced as necessary to meet current ADA requirements.
e. The existing bus turnout along Hilleary Place is to be closed and
replaced with hardscape /landscape to the satisfaction of the Director
of Development Services. A portion of the right -of -way that is no
longer needed for the turnout shall be vacated.
f. A new street light is to be installed on the south side of Hilleary
Place, approximately 110 feet west of the intersection of Hilleary
Place and Midland Road. The final location of the light shall be as
directed by the City Traffic Engineer.
Resolution No. P -11 -22
Page 8
g. Any existing sidewalk with significant damage, as determined by
the City Engineering Inspector, along the project frontage is to be
replaced.
(Engineering and Building)
13. The applicant shall submit plans, certified by a structural engineer, that
demonstrate that the final design plans incorporate the recommendations
included in the geotechnical report on the proposed project site entitled
Geotechnical Investigation for the Poway Walmart Expansion (August
2007), included in Appendix D of the Environmental Impact Report (EIR).
In addition, design, grading and construction shall be performed in
accordance with the requirements of the California Building Code
(applicable at the time of grading), the appropriate local grading regulations,
and the recommendations of the project geotechnical consultant as
summarized in a final written report subject to review by the City Building
Official prior to issuance of Building Permits.
(Planning and Building)
14. A Demolition Permit shall be obtained. Prior to issuance of demolition
permits, the applicant shall demonstrate to the satisfaction of the Director of
Development Services the following:
a. Notes on all construction documents (grading, demolition, and
building plans):
L The project contractor shall equip all construction equipment,
fixed or mobile, with properly operating and maintained
mufflers consistent with manufacturers' standards.
ii. The project contractor shall place all stationary construction
equipment so that emitted noise is directed away from
sensitive receptors to the north and east of the site.
iii. The construction contractor shall locate equipment staging in
areas that will create the greatest distance between
construction - related noise sources and noise - sensitive
receptors adjacent to the project site during all project
construction.
iv. All construction, maintenance, or demolition activities within
the City's boundary shall be limited to the hours of 7:00 a.m. -
5:00 p.m., Monday through Saturday, and no construction
activity with noise concern should occur on Sundays and City
holidays.
Resolution No. P -11 -22
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V. A temporary construction barrier with a minimum height of
8 feet shall be implemented along the northeast corner of the
project site, where the existing tire and lube center and a
vacant commercial structure are located, during demolition
and construction phases.
vi. A temporary construction barrier with a minimum height of
8 feet shall be implemented to close the truck entrance
opening along Midland Road during construction phases.
b. The applicant shall certify that all identified fluorescent light ballasts,
compact fluorescent light bulbs, refrigeration units, lead- soldered
piping, and chemical containers have been removed by appropriately
licensed contractors according to all applicable regulations during
demolition of structures (40 Code of Federal Regulations [CFR],
Subchapter R, Toxic Substances Control Act [TSCAJ, Parts 745,
761, and 763). A state - certified asbestos consultant shall be
retained by the applicant to perform abatement project planning,
monitoring, oversight, and reporting and removal of the asbestos
containing materials (ACMs) shall be conducted by a licensed
asbestos abatement contractor. Air monitoring shall be completed
by an appropriately licensed and qualified individual in accordance
with San Diego Air Pollution Control District regulations. The
applicant shall provide documentation (e.g., all required waste
manifests, sampling, and air monitoring analytical results) to the
City of Poway and the County of San Diego Department of
Environmental Health showing that abatement of ACMs,
chlorofluorocarbons, mercury- containing fixtures, aboveground
storage tanks, and contaminated materials and equipment has been
completed in full compliance with all applicable regulations and
approved by the appropriate regulatory agencies (40 CFR,
Subchapter R, TSCA, Parts 716, 745, 761, 763, and 795 and
California Code of Regulations [CCR1 Title 8, Article 2.6).
(Planning)
15. The locations and sizes of all utility boxes and vaults within street rights -of-
way shall be shown on the grading plans.
16. The project applicant shall submit a Monitoring Plan prepared by a qualified
archaeologist for review and approval by the Planning Division. The
Monitoring Plan shall include at a minimum: (1) a list of personnel involved
in the monitoring activities; (2) a description of how the monitoring shall
occur; (3) a description of frequency of monitoring (e.g., full -time, part-time,
spot checking); (4) a description of what resources may be encountered;
(5) a description of circumstances that would result in the halting of work
at the project site (e.g., what is considered a "significant" archaeological
Resolution No. P -11 -22
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site); (6) a description of procedures for halting work on site and notification
procedures; and (7) a description of monitoring reporting procedures.
17. The following notes shall be included on the grading plans:
a. If any significant historical resources, archaeological resources, or
human remains are found during monitoring, work shall stop within
the immediate vicinity (precise area to be determined by the
archaeologist in the field) of the resource until such time as
the resource can be evaluated by an archaeologist and any other
appropriate individuals. Project personnel shall not collect or move
any archaeological materials or human remains and associated
materials. To the extent feasible, project activities shall avoid these
deposits. Where avoidance is not feasible, the archaeological
deposits shall be evaluated for their eligibility for listing in the
California Register of Historic Places (California Register). If
the deposits are not eligible, avoidance is not necessary. If the
deposits are eligible, adverse effects on the deposits must be
avoided, or such effects must be mitigated. Mitigation shall
include, but is not necessarily limited to: excavation of the deposit
in accordance with a data recovery plan (see California Code of
Regulations Title 4(3) Section 51 26.4(b)(3)(C)) and standard
archaeological field methods and procedures; laboratory and
technical analyses of recovered archaeological materials; production
of a report detailing the methods, findings, and significance of
the archaeological site and associated materials; presentation
of archaeological materials to the City for permanent curation (in
accordance with the City's General Plan) at an appropriate facility
for future research and/or display; an interpretive display of
recovered archaeological materials at a local school, museum,
or library; and public lectures at local schools and/or historical
societies on the findings and significance of the site and recovered
archaeological materials.
b. Upon completion of all monitoring mitigation activities, the consulting
archaeologist shall submit a monitoring report for review and
approval to the Planning Division and to the South Coastal
Information Center (SCIC) at San Diego State University,
summarizing all monitoring/mitigation activities and confirming that
all recommended mitigation measures have been met. The
monitoring report shall be prepared consistent with the guidelines of
the Office of Historic Preservation's Archaeological Resources
Management Reports (ARMR): Recommended Contents and
Format.
Resolution No. P -11 -22
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C. In the event of the accidental discovery or recognition of any human
remains during construction activities, the following steps shall be
taken:
L There shall be no further excavation or disturbance of the
site or any nearby area reasonably suspected to overlie
adjacent human remains until the County Coroner is
contacted to determine whether the remains are prehistoric
and that no investigation of the cause of death is required.
If the Coroner determines the remains to be Native American,
the Coroner shall contact the Native American Heritage
Commission (NAHC) within 24 hours, and the NAHC shall
identify the person or persons it believes to be the most likely
descendant (MLD) of the deceased Native American. The
MLD may make recommendations to the landowner or the
person responsible for the excavation work for means of
treating or disposing of, with appropriate dignity, the human
remains and any associated grave goods, as provided in
Public Resources Code (PRC) Section 5097.98.
ii. Where the following conditions occur, the landowner or his/her
authorized representative shall rebury the Native American
human remains and associated grave goods with appropriate
dignity either in accordance with the recommendations of
the MLD or on the property in a location not subject to further
subsurface disturbance pursuant to the requirements of
California PRC Section 5097.98(e):
• The NAHC is unable to identify an MLD or the MLD
fails to make a recommendation within 48 hours of
being notified by the NAHC.
• The landowner or his/her authorized representative
rejects the recommendation of the MLD, and mediation
by the NAHC fails to provide measures acceptable to
the landowner.
18. Prior to commencement of construction /grading activities in the recognized
nesting season for birds (February 15 to August 15), a nesting bird survey
shall be conducted by a qualified biologist and report the findings in writing
to the City. Appropriate buffers shall be provided around active nests
based on the species and circumstances as determined by the biologist.
Between February 15 and August 15, removal of trees containing nests
shall be delayed until such time as the nest(s) have been abandoned.
Resolution No. P -11 -22
Page 12
19. A Tree Removal Permit shall be obtained in accordance with the City's
Urban Forestry Ordinance. Any trees removed shall be replaced in
accordance with the Urban Forestry Ordinance.
20. Landscape and irrigation plans shall be submitted. The landscape and
irrigation plans shall demonstrate compliance with the City of Poway
Landscape and Irrigation Design Manual, Chapter 17.41 PMC, SP 98 -01,
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. To the satisfaction of the Director of Development
Services, the landscape plans shall also provide the following:
a. The landscape plans shall incorporate the tree replacement
requirements of any Tree Removal Permit. Trees to be planted
along streets shall be a minimum 36 -inch boxed trees.
b. Mexican feather grass (Nassella tenuissima) and purple fountain
grass (Pennisetum setaceum) shall be removed from the landscape
plan and be replaced with a non - invasive species.
C. The irrigation plan shall show the existing irrigation lines controlled
by Walmart. If the plans show that Walmart controls the irrigation
of landscaping associated with the commercial center properties
located on the southeast corner of Community Road and Hilleary
Place, the landscape plan shall address how this landscaping
will continue to be irrigated during landscape installation on the
Walmart property.
d. The existing landscaping along Midland Road shall be modified as
needed to blend in with new landscaping to be installed in the area
previously occupied by driveway.
e. Landscape screening of new utility boxes over three feet in height
shall be provided to the satisfaction of the Director of Development
Services.
F. Prior to the issuance of a Building Permit, the applicant shall comply with the
following to the satisfaction of the Director of Development Services:
1. The site shall be developed in accordance with the approved site plans
on file in the Development Services Department and the conditions
contained herein. The applicant shall comply with the latest adopted
Uniform Building Code, National Electric Code, and all other applicable
Resolution No. P -11 -22
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codes and ordinances in effect at the time of Electrical /Building Permit
issuance.
2. The locations of any new utility boxes over three feet in height shall be
protected and noted on the plans.
3. School impact fees shall be paid at the rate established at the time
of Building Permit issuance. Please contact the Poway Unified School
District at 858 679 -2570 for additional information.
4. The project shall be equipped with water efficient plumbing fixtures as
required by PMC 17.07.020.
(Engineering)
5. A Lot Merger is to be submitted, approved, and recorded in accordance
with the Subdivision Map Act and PMC to join the lots identified by tax
parcel numbers 317 - 130 -6600 and 317 - 130 -4200.
6. The site shall be developed in accordance with the approved grading 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.
7. Erosion control, including, but not limited to, desiltation basins, shall
be installed and maintained by the developer from October 1 to April 30.
The developer shall maintain all erosion control devices throughout their
intended life.
8. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector
and the project's geotechnical engineer. Following completion of rough
grading, the following items shall be submitted:
a. Three copies of certification of line and grade for the lot, prepared by
the engineer of work.
b. Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
9. The project applicant shall pay a fair share of the cost to extend the existing
eastbound left -turn pocket at the intersection of Poway Road and
Community Road from approximately 150 feet to 312 feet. The project's
fair share is 29.6 percent.
Resolution No. P -11 -22
Page 14
10. 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. All
appropriate fees shall be paid prior to permit issuance.
11. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. The current applicable fees are as follows:
a. Traffic (30,000SF net addition) $99,810.00
b. Sewer (30,000SF net addition) $87,540.00
C. Fire Apparatus (30,000SF net addition) $ 2,329.80
(Building)
12. The project plans shall demonstrate compliance with California Codes
related to Building, Electric, Mechanical, Plumbing, and Accessibility
requirements.
13. The applicant shall demonstrate that a licensed corrosion engineer has
been retained to provide detailed corrosion protection measures. Where
steel may come in contact with onsite soils, project construction shall
include the use of steel that is protected against corrosion. Corrosion
protection may include, but is not limited to, sacrificial metal, the use
of protective coatings, and/or cathodic protection. Additional site testing
and final design evaluation regarding the possible presence of significant
volumes of corrosive soils on site shall be performed by the project
corrosion engineer to refine and enhance these recommendations. Final
design recommendations regarding corrosive soils shall be based on
testing and analyses of the near - surface soils following completion
of grading. Onsite inspection during construction shall be conducted by
the project corrosion engineer to ensure compliance with corrosion
protection specifications as incorporated into project plans.
14. The project applicant shall submit plans certified by a structural engineer
that demonstrate that final design plans incorporate earthquake- resistant
design and construction in accordance with the governing building codes
and the recommended seismic design parameters of the Structural
Engineers Association of California. The following design parameters
are based on the 2001 edition of the California Building Code (CBC)
(Table 161 -U). These parameters are considered applicable for the seismic
design evaluation of the proposed structure unless more site - specific
design values are required by the project structural engineer.
Project Site Seismic Design Parameters
Seismic Category: D
Soil Profile Type: So
Design Fault: Rose Canyon
Fault Distance: 14 miles
Resolution No. P -11 -22
Page 15
(Planning)
15. 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.
16. All architectural details shown on the approved DR plans shall also be
shown on the building plan check submittal. Any major modifications from
the building and site design details on the approved DR plans will require
a DR revision and City Council approval.
17. The building plans shall include details for all exterior lighting to
demonstrate conformance with PMC 17.10.150.H, including, but not limited
to, reflecting light downward, away from any road or street, and away from
any adjoining residential development.
18. Any signs proposed for this development shall be designed and approved
in conformance with the Sign Ordinance under a separate Sign Permit.
19. The building plans shall include elevations and cross sections that show
all new roof - mounted appurtenances, including, but not limited to, air
conditioning and vents, screened from view from adjacent properties, to
the satisfaction of the Director of Development Services.
20. Exterior building materials and finishes shall reflect the approved elevations
on file with the City and the conditions of approval, and shall be noted
on the building plans, to the satisfaction of the Director of Development
Services.
21. The trash compactor and bale and pallet recycling enclosures shall be
shown on the site plans and shall be screened from views. The building
plans shall show the walls of the bale and pallet enclosures to be
constructed of materials that are consistent with the exterior walls of the
main store, and solid gates shall be provided. The building plans shall also
provide construction details for any Source Control BMP measures related
to the bale and pallet recycling enclosures. An enclosure cover is an
example of a feature that would meet the City's Source Control BMP
requirements.
(Public Works)
22. The building plans shall show that the grease interceptors needed for
bakery, deli or restaurant are properly sized and located for ease of
maintenance.
G. Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
Resolution No. P -11 -22
Page 16
1. The applicant is required to meet all applicable Poway Municipal Code,
California State Fire and Building Codes for this project.
2. Roof covering shall be fire retardant as per PMC 15.04.050, and City of
Poway Ordinance No. 64 and its amended Ordinance No. 526.
3. The addition of an accessible onsite fire hydrant is required and shall be
located within 40 feet of the Fire Department Connection.
4. The applicant will be required to install an approved fire sprinkler system
tying into the existing system meeting PMC requirements.
a. Installing Fire Sprinkler Contractor(s) shall obtain a copy of the
Fire Department's "Policies for Automatic Fire Sprinkler Systems ".
b. 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. Door shall be labeled with a
sign indicating "Fire Sprinkler Riser." When the closet method
is chosen, applicant shall provide 36 inches of clearance from
the standpipe or attached additional risers, accessible by a 3' -0"
man door.
C. A separate plan submittal to the Fire Department will be required
for the fire sprinkler design.
5. Unless the applicant can demonstrate no increase in the minimum
approved fire flow from the underground fire service supply line as a
result of the project improvements the following will be required:
a. A reduced pressure backflow valve assembly meeting City
Engineering standards to replace the existing Post Indicator Valve.
L The backflow device will be installed with tamper switches
and shall be monitored.
b. A water analysis will be required to establish available fire flow.
C. Installing Underground Fire Service Contractor(s) shall obtain a
copy of the Fire Department's "Policies for Automatic Fire Sprinkler
Systems ".
d. A separate plan submittal to the Fire Department will be required
for the fire service underground.
Resolution No. P -11 -22
Page 17
6. The applicant shall provide a detailed plan for all storage areas and
a complete racking plan.
7. 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.
8. Permanent access roadways for fire apparatus shall be designated as
"Fire Lanes" with appropriate signs and curb markings.
9. A minimum 4A:60BC fire extinguisher is required for every 3,000 square
feet and 75 feet travel distance. A 2A:10BC fire extinguisher is required
for office areas every 3,000 square feet and 75 feet of travel distance.
H. Prior to occupancy, or as otherwise noted, the following shall be complied with
to the satisfaction of the Director of Development Services:
1. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City Departments will be
required.
(Engineering)
2. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
3. The drainage facilities, driveway, slope planting measures, and all
utility services shall be installed and completed by the property owner,
and inspected by the Engineering Inspector for approval. All new utility
services shall be placed underground.
4. 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.
5. The applicant shall repair, to the satisfaction of the City Engineer, any
and all damages to public improvements caused by construction activity
from this project.
6. All applicable easement dedications, Encroachment Agreements, and
maintenance agreements are to be recorded prior to occupancy.
7. The applicant shall complete construction of the roadway improvements
to extend the dual eastbound left -turns at the intersection of Poway Road
Resolution No. P -11 -22
Page 18
and Community Road. The City will reimburse the applicant for the cost
of these improvements, less the project's fair -share contribution.
8. Record drawings, signed by the engineer of work, shall be submitted
and approved by Development Services prior to a request of occupancy,
per Section 16.52.1306 of the Grading Ordinance. Record drawings
shall be submitted in a manner to allow the City adequate time for
review and approval prior to issuance of occupancy and release
of grading securities. All applicable easements, agreements and
right -of -way dedication /vacation information shall be referenced on the
record drawings. At least three weeks prior to a request for occupancy
is recommended.
(Planning)
9. The applicant shall install outdoor signs prohibiting camping within the
parking lot, to the satisfaction of the Director of Development Services.
Upon occupancy the applicant shall comply with the following conditions:
The parking areas and driveway shall be well maintained.
2. 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.
The parking lot shall be monitored and patrolled by Walmart security at all
times while the store is open.
3. All landscaping, including areas 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 Landscape and Irrigation Design Manual. The trees shall be
encouraged and allowed to retain a natural form. Pruning should
be restricted to maintain the health of the trees and to protect the public
safety. Trees should be trimmed or pruned as needed to develop strong
and healthy trunk and branch systems. Tree maintenance and pruning
shall be in accordance with "American National Standard for Tree
Care Operations" latest edition (ANSI A300). Trees shall not be topped
and pruning shall not remove more than 25% of the trees' leaf surface.
4. The facility shall be operated in such a manner as to minimize disruption
caused by noise and consistent with Project Design Features (PDF)
contained in Section 4.7 of the FEIR. At no time shall equipment noise
from any source exceed the noise standards contained in the Poway
Municipal Code.
Section 9 : Conditional Use Permit 90 -10, Conditional Use Permit 90 -10M, and
Conditional Use Permit 90- 10M(3), respectively, are hereby rescinded.
Resolution No. P -11 -22
Page 19
Section 10: The approval of DR 90- 12R(2) shall expire on August 23, 2013, at
5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction
has commenced on the property in reliance on the DR approval.
Section 11 : 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 August 23, 2011.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a special meeting this 23rd day of August, 2011.
Don Higginson, Mayor
ATTEST:
da . Troyan, MMC, City Clerk
Resolution No. P -11 -22
Page 20
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution No. P -11 -22 was duly adopted by the
City Council at a meeting of said City Council held on the 23rd day of August 2011, and
that it was so adopted by the following vote:
AYES: BOYACK, MULLIN, CUNNINGHAM, HIGGINSON
NOES: GROSCH
ABSENT: NONE
DISQUALIFIED: NONE
if A. i royan, mmL;, city GIerK
of Poway