Res P-11-23RESOLUTION NO. P -11 -23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW (DR) 10 -09,
TENTATIVE PARCEL MAP (TPM) 10 -01,
MINOR CONDITIONAL USE PERMIT (MCUP) 10 -06,
AND VARIANCE (VAR) 10 -02
ASSESSOR'S PARCEL NUMBERS: 317- 130 -56, 57 and 61
WHEREAS, a request for approval of Development Review 10 -09, Tentative Parcel
Map 10 -01, Minor Conditional Use Permit 10 -06, and Variance 10 -02 has been submitted
by Lowe's Home Improvement Warehouse, Inc., Applicant; and
WHEREAS, the project is a proposal to redevelop the existing Toyota and Chevrolet
automobile dealership sites located at 13742, 13750 and 13760 Poway Road with a new
commercial retail project in the Automotive /General Commercial (A/GC) zone. It includes:
(1) construction of an approximate 121,000- square -foot building with an attached
31,500- square -foot garden center for Lowe's, and a 4,500- square -foot building for a drive -
through retail business, parking spaces, landscaping, and other miscellaneous site
improvements; (2) a parcel map to re- subdivide the 11.5 -acre site into 2 lots; (3) a Minor
Conditional Use Permit to allow outdoor product display areas; and (4) a Variance to enable
use of an alternative methodology for determining the area for the Lowe's wall signs and
retaining and /or screening walls up to 13 feet in height, which exceed the 6 -foot height limit;
and
WHEREAS, on September 6, 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 : An Environmental Initial Study (EIS) was completed for the project. It was
determined that while the project will not have a significant adverse impact on the
environment, there could be potential impacts in the areas of biology, archeology,
hazardous materials, noise, and traffic. The City Council, therefore, finds that all of the
potential environmental concerns can be mitigated to a less than significant level and
hereby approves a Mitigated Negative Declaration (MND) for the project.
Section 2 : The findings, in accordance with Chapter 17.52 of the Poway Municipal Code
(PMC) for DR 10 -09, are made as follows:
A. The project is consistent with the Zoning Ordinance and General Plan in that the
new buildings, landscaping and other site improvements are in compliance with
City design and development standards, except for those standards that are subject
to VAR 10 -02. The A/GC designation allows for a wide range of commercial uses,
including large warehouse style retail uses, and identifies Poway Road as an area -
serving commercial corridor. Therefore, the project respects the interdependence of
land values and aesthetics to the benefit of the City.
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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,
except for those standards that are subject to VAR 10 -02.
C. The project is in compliance with the Zoning Ordinance in that the proposed uses are
permitted in the A/GC zone, and involves a new commercial building, landscaping
and other site improvements in compliance with City design and development
standards, except for those standards subject to VAR 10 -02.
D. The development encourages the orderly and harmonious appearance of structures
and property within the City.
E. The project is providing two architectural elements that are 42 and 45 feet high,
which are in proportion and scale to the size of the building and add visual interest to
the architectural design thereby enhancing its appearance.
Section 3 : The finding, in accordance with Chapter 16.10 PMC for TPM 10 -01, is made
as follows:
A. The proposed subdivision together with its design and improvements is consistent
with the General Plan and standards contained in PMC Titles 16 and 17.
Section 4 : The findings, in accordance with Chapter 17.10.190 PMC for MCUP 10 -06,
are made as follows:
A. The outdoor display area is in accordance with the objectives of the PMC and
the purpose of the A/GC zone.
B. The outdoor display area will not be detrimental to the public health, safety or welfare
of persons residing or working in or adjacent to the neighborhood, and will not be
detrimental to properties or improvements in the vicinity, or to the general welfare
to the City.
C. The outdoor display area assists in creating a quality commercial environment due to
its visually appealing characteristics.
Section 5 : The findings, in accordance with Chapter 17.50 PMC for VAR 10 -02, are made
as follows:
A. That there are special circumstances applicable to the intended use of the property
and because of this the strict application of the Zoning Ordinance deprives the
property of privileges enjoyed by other properties in the vicinity with the identical
zoning classification. The primary reason is that this commercial use is unique,
relative to other large commercial uses in the vicinity, with regard to their building
visibility to the street. The subject site is an interior lot. Other large commercial uses
are situated at corner lots with street visibility from two streets. The Lowe's building
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visibility on this interior lot is further constrained by the existence of structures on
adjacent properties, on both the west and east sides, which are situated close to the
street and obstruct the view of the building to passing motorists. Other unique
circumstances relate to the Lowe's corporate logo design and Lowe's need ''for
multiple building entrances. The Lowe's corporate logo design consists of the
business name mounted on a large blue background that is the profile of a house.
Other warehouse -style commercial uses display their business name on the wall with
no background. Another unique characteristic to this commercial use is its need for
multiple building entrances, two of which are dedicated to, and designed specifically
for, the movement of specific product types (i.e., garden and lumber /construction
supplies). These building entrances need clear identification from the site entrance
at the street and across a very large parking lot to promote efficient vehicular traffic.
The special circumstances for the retaining /screening wall height variance relates to
the need to provide emergency vehicle access around the building; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity and
zone and not afforded to the property for which the Variance is sought, in that other
large retail buildings have adequately visible wall signs and are provided with
adequate emergency vehicle access to all sides of their buildings; and
C. Granting the Variance would not be materially detrimental to the public health, safety
or welfare in the vicinity in that the signs are proportional to the building size and not
oriented to residential uses, and the retaining /screening walls are oriented to the
interior /rear of the site and will not be readily visible to the public. Additionally,
retaining walls will enable the provision of emergency vehicle access to all sides of
the building; and
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the A/GC zone; and
F. That the proposed Variance will be compatible with the City's General Plan because
the General Plan calls for revitalization of Poway Road as a commercial corridor and
the Variance will enable the site to be fully redeveloped.
Section 6 : The findings, in accordance with Chapter 17.40.260(G) PMC for the
monument sign, are made as follows:
A. The 15- foot -high sign is necessary to off -set impaired visibility of a shorter sign due to
vehicles entering and exiting the site.
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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:
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:
Traffic signal at Poway Road and Gate Drive.
2. Median extension on Poway Road.
3. Striping and signal timing changes at Poway Road and Midland Road.
4. Sidewalk replacement and ADA compliant driveway crossing along the site
frontage on Poway Road.
5. Installation of landscaping improvements in the right -of- way.
6. Provision of a bus stop shelter
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 10 -09, TPM 10 -01, MCUP 10 -06, and
VAR 10 -02, as shown on the approved plans on file in 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,
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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. The building shown in concept on Parcel 2 is subject to additional review and
approval by the City. A Conditional Use Permit will be required for the particular drive
through use, consistent with those uses allowed in the A/GC zone. A Development
Review amendment will be required for a non -drive through use.
F. Prior to Recordation of the Parcel Map:
Submit a Parcel Map to the City for review and approval. The Parcel Map
shall conform to City standards and procedures, the City Subdivision
Ordinance, the Subdivision Map Act, The Land Surveyor's Act, the Resolution
as approved by the City Council, and shall be in substantial conformance with
the approved. Tentative Parcel Map. Appropriate map review fees shall be
paid at the time of submittal.
The following easements shall be dedicated to the City through the Parcel
Map if these easements have not been recorded, at the San Diego County
Recorder's office by separate instruments, prior to Parcel Map Recordation:
a. An onsite easement, a minimum of 20 feet wide for each new public
water line, shall be dedicated to the City.
b. An onsite easement to the City for the operation of the traffic signal' at
Poway Road and Gate Drive shall be dedicated to the City.
Additionally, the location of the new SDG &E utility easement to be established
on the site shall be depicted on the Final Map
2. Access easements shall be reserved on the Parcel Map from Parcel 1 to
Parcel 2 and from Parcel 2 to Parcel 1, to provide reciprocal access as shown
on the approved Tentative Parcel Map.
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3. Improvement Plans, prepared on City of Poway standard sheets at a scale of
1" = 20', unless otherwise approved by the City Engineer, in accordance with
the submittal and content requirements listed herein, shall be submitted to the
Development Services Department, Engineering Division, for review and
approval prior to recordation of the Parcel Map. The improvements shall be
secured and shall include the following:
a. Show plan and profile of the proposed onsite water main. Coordinate
with City staff to quitclaim any existing easements. The water main
shall connect to the public domestic water system at the condominiums
to the east, the shopping center to the west, and in Poway Road. 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. Hydrant locations shall
be approved by Land Development Engineering, with coordination
between Safety Services and Public Works. A water system analysis
is required for final design of the proposed public water system
expansion. Applicant shall pay for the cost of preparing the analysis
prior to submittal of improvement plans.
b. Incorporate the following comments from Public Works:
• Connect 12" water line on east side to existing water line on
Cicero Court.
• Eliminate last valve on 12" water line before it turns north to last
valve and fire hydrant on north side. Add valve on water line
before fire hydrant on the west side.
• Align new 12" water line to existing water line on the east side.
Add valves before and after turn on the new 12" line going north
and south. Also add valve to new easterly line connecting to
existing water line leading to Cicero Court.
• Add valves on existing line in Poway Road before and after
new line heading north and south. Also add valve on new
12" water line going north from existing water line in Poway
Road. Abandon existing connect on Poway Road.
• Fire hydrant needs to be separated from RPDA.
• Add valve to the beginning of the 12" water line leading to the
DDCV.
C. Installation of ADA pedestrian ramp at the east end of the project
frontage on Poway Road.
d. Show the traffic signal and striping installation along Poway Road and
Gate Drive at Lowe's main entrance. The signal plans shall include the
signal communication fiber cable improvements along Poway Road
between the new signal controller at Gate Drive / Lowe's main entrance
and the existing signal controller at Midland Road intersection. All
necessary communication equipment (such as modems) associated
with the fiber cable to transmit signal information properly between the
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two signals shall be included. Include red curb along both sides of Gate
Drive south of Poway Road, to the satisfaction of the City Engineer.
e. Modify the existing traffic signal at the intersection of Poway Road and
Midland Road to add a southbound right -turn overlap signal phase.
A signal improvement plan shall be submitted for approval to show the
southbound right -turn signal phase with appropriate signing and
striping.
f. Modify the existing roadway marking and striping at the intersection of
Poway Road and Midland Road to add a right -turn lane for the
westbound approach and convert the curb lane ( #2) from a through
and right -turn lane to a right -turn lane only. These marking and striping
improvements can be included in the signal improvement plans for the
subject intersection for review and approval.
g. Install a raised median in Poway Road to prevent non - signalized
access to the site from eastbound Poway Road, to the satisfaction of
the City Engineer. Extend existing left -turn pocket on eastbound
Poway Road by approximately 50 feet near the entrance to the adjacent
condominium project.
h. Install two driveway entrances on Poway Road and close any remaining
driveways.
i. Install new curb, gutter and sidewalk on the north side of Poway Road
for the entire project frontage.
j. Removal and replacement of existing bus stop bench and trash
receptacle, location of proposed bus shelter to meet City standards.
Location and specification of bus shelter shall be in accordance with
City Standards and as directed by the City Engineer.
G. Prior to Grading Permit issuance, the applicant shall complete the following to the
satisfaction of the Director of Development Services:
(Engineering)
1. 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.
2. Submit a precise grading plan and related engineering studies for the
development of the lot prepared in conjunction with the requirements of the
Poway Municipal Code. Engineering studies shall include:
a. Drainage study in compliance with PMC Chapter 16.48. Drainage
study will need to address any offsite areas or private storm drain that
currently drains to or through the property.
b. Water Quality Technical Report to comply with PMC Chapter 16.103.
The report shall address hydromodification management, including
discussion of exemptions if appropriate.
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3. Demonstrate Construction Storm Water Management Compliance
a. Provide proof of coverage under the General Permit for Discharges of
Storm Water Associated with Construction Activity (Construction
General Permit, 99- 08 -DWQ) prior to start of construction. Proof of
filing of the NOI and an assigned Waste Discharge Identification
Number shall be submitted prior to issuance of the Grading Permit.
b. Provide two copies of a Construction Storm Water Pollution Prevention
Plan ( SWPPP), as required by the Construction General Permit. The
Construction SWPPP should contain a site map(s) which shows the
construction site perimeter, existing and proposed buildings, lots,
roadways, storm water collection and discharge points, general
topography both before and .after construction, and drainage patterns
across the project. The Construction SWPPP must list Best
Management Practices (BMP's) the applicant will use to protect storm
water runoff and the placement of those BMP's. Section A of the
Construction General Permit completely describes the elements that
must be contained in a Construction SWPPP.
4. Grading securities in the form of a performance bond and a cash deposit,
or a letter of credit shall be posted with the City prior to grading plan approval.
A minimum cash security for erosion control of $2,000 is required.
5. 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. The applicant's action plan that identifies
measures to be implemented during construction to address erosion, sediment
and pollution control will be discussed.
6. 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.
(Planning)
7. Prior to the removal of habitat or disturbed habitat associated with the utility
line relocation work off the project site, the applicant shall mitigate impacts to
1,394 square feet of Coastal Sage Scrub (CSS) and 280 square feet of
disturbed CSS at ratios prescribed in the Poway Subarea Habitat
Conservation Plan (HCP), for a total mitigation requirement of 3,348 square
feet. The mitigation requirement will be achieved by either payment of a
Habitat Mitigation In -Lieu Fee at the established rate; or preservation of
habitat, which is in the Mitigation Area, through a Biological Conservation
Easement (BCE) to be recorded on that property. Any new BCE shall be
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approved by the City Attorney, and shall be notarized and recorded with the
County of San Diego. In compliance with the HCP, the City shall subsequently
re -zone the mitigation land to Open Space- Resource Management to ensure
its permanent preservation.
8. In accordance with Condition H of the Poway HCP Incidental Take Permit, a
take of active California gnatcatcher nests, which includes harassment of the
bird due to grading noise and vibrations from February 15 through July 1, is
not permitted. Therefore, grading and removal of habitat during this time
frame will only be permitted subject to the following conditions having been
met to the satisfaction of the Director of Development Services.
The applicant is hereby advised that, during grading, if active nests are found
within 500 feet of the grading, the grading activity shall be stopped until such
time as mitigation measures, to the satisfaction of the City and the United
States Fish and Wildlife Service ( USFWS) are implemented. There is no
guarantee that grading will be allowed to resume during nesting season.
Before issuance of a Clearing /Grading Permit, if grading or clearing is to occur
between February 15 and July 1, the applicant shall provide to the Planning
Division a letter from a qualified biologist retained by the applicant, with a
scope of work for a CSS habitat and Gnatcatcher Survey, and a report for the
area to be cleared and /or graded and CSS habitat areas within 500 feet of
such area. The biologist shall contact the USFWS to determine the
appropriate survey methodology. The purpose of the survey is to determine if
any active gnatcatcher nests are located in the area to be cleared or graded,
or in CSS habitat within 500 feet of such area. To be considered qualified, the
biologist must provide the City with a copy of a valid Gnatcatcher Recovery
Permit from the U.S. Fish and Wildlife Service ( USFWS).
The scope of work shall explain the survey methodology for the biological
survey and the proposed gnatcatcher nest monitoring activities during the
clearing /grading operation. Should the report show, to the satisfaction of the
Director of Development Services, that gnatcatcher nests are not present
within the area to be graded /cleared, or within CSS habitat located within 500
feet of said area, approval may be granted to commence clearing /grading
within the gnatcatcher nesting season from February 15 through July 1.
If gnatcatchers are nesting within the area to be graded /cleared, or within CSS
habitat located within 500 feet of said area, no grading will be allowed during
this time.
The biologist must attend the City's preconstruction meeting for the project
and must be present onsite during all clearing /grading activities to monitor that
the clearing/ grading activities stay within the designated limits. During this
period, the biologist shall also monitor and survey the habitat, on a daily basis,
Resolution No. P -11 -23
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within the area to be cleared /graded and any habitat within 500 feet of said
area for any evidence that a gnatcatcher nest(s) exists or is being built.
Weekly monitoring summaries shall be submitted to the Planning Division.
Should evidence of a gnatcatcher nest(s) be discovered, the grading operation
shall cease in that area and be directed away from the gnatcatcher nests)
to a location greater than 500 feet away from the nest(s). If grading is required
to stop due to the presence of active nests, the applicant shall be required
to provide erosion control, to the satisfaction of the City Engineer. This
paragraph must be included as a note on the cover sheet of the
clearing /grading plan.
At a minimum, all protected biological areas, as shown on the grading plan,
shall be staked by a licensed surveyor and delineated with lathe and ribbon.
The applicant shall have said staking inspected by the Engineering Inspector
prior to any grading, clearing or grubbing. A written certification from the
engineer of work, or a licensed surveyor, shall be provided to the Engineering
Inspector stating that all protected areas are staked in accordance with the
approved project plans. The biologist shall provide the City with written
confirmation that the limits of clearing/ grading are in accordance with the
project's Biological Resource Assessment.
Upon completion of the clearing /grading activities, the applicant's biologist
shall submit to the Director of Development Services a biological monitoring
report summarizing the daily observations of the biologist, including whether
any gnatcatchers or evidence of active gnatcatcher nests were present during
clearing and grading activities within the area and any habitat within 500 feet
of said area.
9. Prior to the start of work in areas in the vicinity of the San Diego Barrel cactus,
which is in the area of the existing utility line to be relocated on the property
north of the Lowe's project site, the cactus will be flagged in the field for
avoidance. If the cactus cannot be avoided, they shall be salvaged and
replanted in the vicinity of their original location. SDG &E shall be responsible
for these activities.
10. The locations and sizes of all utility boxes and vaults within street rights -of -way
shall be shown on the grading plans.
11. 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.
12. 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
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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. A dense landscape screen along the east and north side of the site and
along the northwest corner of the site to buffer abutting residential uses.
b. An enhanced project entry statement at the project main drive aisle.
C. Adequate screening of ground - mounted equipment including utility
boxes.
13. All project grading and trenching, including off -site work associated with the
existing utility line relocation on the property to the north of the Lowe's project
site, shall be monitored full time by an archeologist. Prior to issuance of a
Grading Permit for grading on the Lowe's project site, documentation shall be
submitted to the City that demonstrates that the applicant has secured the
assistance of the archeologist. SDG &E shall be responsible for ensuring
monitoring for the offsite work on the utility line relocation on the property north
of the Lowe's project site.
14. If during grading of the site or the off -site work associated with the existing
utility line relocation on the property north of the Lowe's project site,
archeological resources or human remains are discovered, all work shall be
stopped immediately and the City shall be contacted. The archeologist shall
assess the discovery and shall, if deemed necessary, prepare an action plan
to handle the discovery, in full compliance with all State and federal law.
SDG &E shall be responsible for these activities for discoveries encountered
during the off -site work associated with the existing utility line relocation on the
property to the north of the Lowe's project site.
15. The applicant shall submit a copy of a Soil Management Plan prepared
pursuant to recommendations made by the DEH, included in the DEH letter
dated November 18, 2010, on file with the City. Such Plan shall include a
requirement that soil in the vicinity of the former UST location immediately
west of the building located along the northeast portion of the project be
excavated as needed and the soil properly disposed. Verification sampling
shall be conducted post excavation to confirm contaminated soils have been
removed. Implementation of the Soil Management Plan shall be required
through the construction process.
H. Prior to the issuance of a Building Permit, the applicant shall comply with the
following to the satisfaction of the Director of Development Services:
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1. The site plan included with the building plan check shall be consistent 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 codes and ordinances in effect at the time of Electrical /Building
Permit issuance.
2. 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.
(Engineering)
3. The Parcel Map shall be recorded in the office of the San Diego County
Recorder, and a mylar copy shall be provided to the City.
4. 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,
please submit the following:
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
5. Prior to start of any work within a City -held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division. All
appropriate fees shall be paid prior to permit issuance.
6. The applicant shall pay all applicable development impact fees in effect at
time of payment. The applicant shall receive a credit for the existing square
footage of the structures onsite and be required to pay the development
impact fees only for the increased square footage. The existing structures
make up an estimated 50,000SF while approximately 153,000SF of
development is proposed. Currently, the applicable fees are as follows:
a. Traffic Fees: 153ksf — 50ksf = 103 ksf x $3,327 / ksf = $342,681
b. Sewer: 153ksf — 50ksf = 102* ksf x $2,918 / ksf = $297,636
C. First 'unit' counts as 2 ksf
d. Fire Apparatus: 153 ksf — 50 ksf = 103ksf X $77.66 / ksf = $7,998.98
e. Water: Will only be required if meter upsizing is proposed
f. Park Fees: N/A
g. Drainage: N/A
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7. The project applicant shall contribute its fair share to reconstruct the left-turn
pocket on eastbound Poway Road at Community Road to reduce the impact
of the project at that intersection (the "intersection improvements "). It is
estimated that the project will contribute nine and one half per cent (9.5 %) of
the measurable impact; therefore, prior to the issuance of any development
permits for the project the applicant shall deposit with the City of Poway nine
and one half per cent (9.5 %) of the engineer's estimate for the project costs for
the intersection improvements. As used herein, the term "project costs" shall
mean all costs and expenses incurred by the City of Poway or any other
developer responsible for the preparation of the design, and the construction
of the intersection improvements, to mitigate the impacts at the intersection.
The project applicant's contribution will be applied toward the project's
obligation for the project costs for the intersection improvements. Should the
actual project costs exceed the engineer's estimate, the project applicant shall
pay its proportionate share of the amount of exceedance to the City within
thirty (30) days of an invoice from the City. Should the actual project cost be
less than the engineer's estimate, the City shall refund the applicant's
proportionate share of the overage within sixty (60) days of the date of
acceptance by the City of the completed intersection improvements.
8. Applicant shall execute and record a Storm Water Management Facilities
Maintenance Agreement accepting responsibility for all structural BMP
maintenance, repair and replacement as outlined in the Operations and
Maintenance plan included in the agreement. The operation and maintenance
requirements shall be binding on the land throughout the life of the project.
9. The site shall be developed in accordance with the approved site plans on file
in the Development Services Department and the conditions contained herein.
(Planning)
10. 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.
11. 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.
12. The building plans shall include details for all exterior lighting to demonstrate
conformance with PMC 17.10.150.1-1, including, but not limited to, reflecting
light downward, away from any road or street, and away from any adjoining
residential development.
13. Signs proposed for this development shall be approved under a separate Sign
Permit.
Resolution No. P -11 -23
Page 14
14. 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.
15. 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.
16. A noise attenuation wall /fence shall be provided along the east, north, and a
portion of the west property line, as depicted in the project Noise Study
prepared by LDN Consulting Inc., dated May 11, 2011, on file with the City.
The wall /fence shall be designed in compliance with the specifications listed in
the Noise Study. The wall /fence location and design details shall be provided
in the project building plans. The applicant shall be responsible for
coordinating wall /fence construction with adjoining property owners, and for
wall /fence maintenance.
I. The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
The applicant is required to meet all applicable Poway Municipal Code and
California State Fire, Mechanical, Electrical, and Building Codes for this
project.
2. Prior to delivery of combustible building material onsite, water and sewer
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems.
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. The first lift of asphalt paving shall be in place to provide adequate, permanent
access for emergency vehicles. The final lift of asphalt shall not be installed
until all other construction activity has been substantially completed to the
satisfaction of the City.
5. The building shall display its numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be twelve inches
on the front fagade of the building. Building address shall also be displayed
on the roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff's Dept. - ASTREA criteria.
6. The building will be required to install an approved fire sprinkler system
meeting PMC requirements. The entire system is to be monitored by a central
Resolution No. P -11 -23
Page 15
monitoring company. Backflow valve assemblies with tamper switches shall
be monitored. The City Fire Marshal, prior to installation, shall locate these
fire protection devices. Two separate plan submittals to the Fire Department
will be required; one for the fire sprinkler design, and the second for the fire
service underground.
7. Fire sprinkler riser(s) shall be located inside an enclosed closet with an
exterior access man door. Door shall be labeled with a sign indicating
"Fire Sprinkler Riser." and shall provide 36 inches of clearance from the
standpipe or attached additional risers, accessible by a 3' -0" man door.
8. Installing Fire Sprinkler and Underground Fire Service Contractor(s) shall
obtain a copy of the Fire Department's "Policies for Automatic Fire Sprinkler
Systems ".
9. A breakaway padlock shall be required for the fire sprinkler system backflow
valve assembly device.
10. The applicant shall provide a detailed plan for all storage areas and a
complete racking plan.
11. A water improvement plan showing the addition of onsite fire hydrants served
by a looped water main is required.
12. A `Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
13. Permanent access roadways for fire apparatus shall be designated as `Fire
Lanes' with appropriate signs and curb markings.
14. Material Safety Data Sheets shall be required for all hazardous and /or toxic
substances used in each building.
15. An Emergency Contingency Plan and Hazardous Materials Disclosure shall
be filed with the County of San Diego Department of Environmental Health
(DEH) and copies provided to the Fire Department.
16. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
J. Prior to the issuance of a Certificate of Occupancy:
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.
Resolution No. P -11 -23
Page 16
(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. Any onsite relocation of existing overhead utility lines proposed by the
applicant shall be completed. Necessary offsite relocation of existing
overhead utility lines shall be completed. All associated utility easement
dedications and vacations required shall be completed. Applicant shall be
responsible for all coordination and costs associated with the quitclaim or
dedication of offsite easements on adjoining City -owned property if required
for the relocation of the existing overhead lines.
4. Record drawings, signed by the engineer of work, shall be submitted to
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. At least three weeks
prior to a request for occupancy is recommended.
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.
K. Upon occupancy the applicant shall comply with the following conditions:
The parking areas and driveways shall be well maintained.
2. Adequate onsite parking shall be provided for the use. If onsite parking is
determined by the Director of Development Services to be inadequate to
accommodate the use, all or a portion of those parking stalls which are used
for outdoor product display shall not be used for product display and shall be
utilized for customer parking.
3. 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.
4. Noise attenuation walls /fences as shown on the building plans shall be
maintained in a state of good repair for the life of the project.
5. 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. 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
Resolution No. P -11 -23
Page 17
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.
Section 9: The approval of DR 10 -09, MCUP 10 -06, and VAR 10 -02 shall expire on
September 6, 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,
and the approval of TPM 10 -01 shall expire on September 6. 2013, at 5:00 p.m. unless,
prior to that time, the Final Map has been approved by the City.
Section 10 : 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 September 6, 2011.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 6th day of September 2011.
Don Higginson, May r
ATTEST:
Ljpd6'A,7royan, MMC, City Clerk
Resolution No. P -11 -23
Page 18
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 -23 was duly adopted by the City
Council at a meeting of said City Council held on the 6th day of September 2011, and that it
was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
LI Li itv . royan, MMC, City Clerk
oway