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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Conditional Use Permit (CUP) was required will be eliminated; therefore, CUP 90 -10, CUP 90 -10M and CUP 90- 10M(3) are no longer applicable or necessary for the project site; and WHEREAS, the Project consists of the Final Environmental Impact Report (State Clearinghouse No. 2009061083) and DR 90-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 Page 6 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 Page 9 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 Page 10 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 Page 11 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 Page 13 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