Res P-13-31RESOLUTION NO. P -13 -31
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW (DR) 13 -009 AND
RESCISSION OF TENTATIVE PARCEL MAP (TPM) 10 -01
ASSESSOR'S PARCEL NUMBERS: 317 - 130 -56, 57 and 61
WHEREAS, on September 3, 2011, the City Council approved the Lowe's
project, pursuant to Resolution P- 11 -23, for redevelopment of the vacated 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, which
consists of (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 subdivide the 11.5 -acre site into
two 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 six -foot height limit; and
WHEREAS, the original project, approved on September 6, 2011, was valid for a
period of two years; and
WHEREAS, on September 3, 2013, the City Council approved an extension to
the Lowe's project for an additional two years, pursuant to Resolution P- 13 -25; and
WHEREAS, a request for approval of Development Review (DR) 13 -009 and
rescission of Tentative Parcel Map (TPM) 10 -01 has been submitted by Lowe's Home
Improvement Warehouse, Inc., Applicant; and
WHEREAS, the request is proposing site plan and building design changes to
the approved project that generally involve a reduction in the Lowe's building size, minor
exterior architectural changes, additional onsite parking spaces, a relocated driveway,
and rearrangement of the loading and other outdoor activity areas located in the rear
portion of the site. The request also involves rescission of TPM 10 -01 for the project
site; and
WHEREAS, on December 3, 2013, 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: As required under the California Environmental Quality Act (CEQA), an
Environmental Initial Study (EIS) was completed in conjunction with the original project
approval. On September 3, 2011, the City Council considered the EIS and approved a
Resolution No. P -13 -31
Page 2
Mitigated Negative Declaration (MND) for the project. There are no new environmental
impacts or mitigation measures beyond those identified in the 2011 EIS and MND. The
City Council hereby finds the proposed project modifications are within the scope of the
2011 MND approved with the original project approval, and that no further
environmental review is necessary.
Section 2: The findings, in accordance with Chapter 17.52 of the Poway Municipal
Code (PMC) for DR 13 -009, 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. 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.
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 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.
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 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:
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1. 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 4: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Section 5: The conditions of approval, which incorporate mitigation measures from
the project EIS, included in City Council Resolution No. P -11 -23 are in full force and
effect, except that the following conditions of approval in Section 8 are hereby
eliminated as specified:
Condition of Approval F (eliminating all subsections, 1 through 3);
Condition of Approval G (eliminating only subsections 1 through 6);
Condition of Approval H (eliminating only subsections 1 through 9); and
Condition of Approval J (eliminating only subsections 2 through 5).
Section 6: The City Council hereby rescinds TPM 10 -01.
Section 7: The City Council hereby approves DR 13 -009, 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.
Resolution No. P -13 -31
Page 4
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. 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.
C. Prior to Grading Permit issuance, the applicant shall complete the following to the
satisfaction of the Director of Development Services:
(Engineering)
1. The 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 for the development 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 permit. Incomplete submittals will not be
accepted. All materials as required by Chapter 16.48 of the Poway
Municipal Code (PMC) shall be submitted.
3. Water Quality Control — Drainage and Flood Damage Prevention
A drainage study addressing the impacts of the 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.
4. Water Quality Control — Design and Construction
The project shall comply with the City's Jurisdictional Urban Runoff
Management Program (JURMP) and the applicable storm water permits.
The project is considered a Priority Development Project and will be
subject to the Standard Urban Stormwater. Management Plan as outlined
in the PMC. Two hard copies and one electronic copy of a Water Quality
Technical Report (WQTR), prepared by a licensed Civil Engineer, are to
be submitted and approved. Provide two hard copies and an electronic
copy of an Operation & Maintenance (O &M) plan in accordance with
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Chapter 16.104 PMC. Property owner shall execute an approved Storm
Water Management Facilities Maintenance Agreement accepting
responsibility for all structural Best Management Practices 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.
5. Water Quality Control — Construction Storm Water Management Compliance
The proposed project disturbs an area greater than one acre. 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 -014) shall be provided to the City, along with a copy of
the Storm Water Pollution Prevention Plan (SWPPP).
6. 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 submitted prior to
Grading Permit issuance.
7. All existing and proposed easements within the project site shall be shown on the
grading plans. Any easements to be vacated shall also be shown on the plans.
New utility easements shall be a minimum of 20' wide. Easements for signal and
pedestrian facilities shall be coordinated with the City project engineer.
8. The proposed project reconfigures property lines. A Boundary Adjustment shall
be submitted to revise lot lines for the properties.
9. 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.
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. 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:
Resolution No. P -13 -31
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a. A 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.
b. 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.
C. Installation of ADA pedestrian ramp at the east end of the project frontage
on Poway Road.
d. A traffic signal and striping installation along Poway Road and at
Gate Drive /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
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
and upgrade pedestrian facilities within the intersection.
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 the existing left turn pocket on eastbound Poway Road
by approximately 50' 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.
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Page 7
Location and specification of bus shelter shall be in accordance with the
City Standards, and as directed by the City Engineer.
k. Any right -of -way or easements necessary to install the public
improvements shall be recorded prior to approval of the improvement
plans.
D. Prior to the issuance of a Building Permit, the applicant shall comply with the
following to the satisfaction of the Director of Development Services:
(Engineering)
1. Existing City easements for utilities and access shall be vacated, as
designated by the City.
2. A Boundary Adjustment between the existing three lots shall be
completed. The final lot configuration shall meet all zoning requirements.
3. 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 of lots 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.
4. Erosion control 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.
5. 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 applicant shall 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.
6. Prior to start of any work within a City -held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division of
the Development Services Department. All appropriate fees shall be
paid prior to permit issuance.
7. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. The current applicable fees are estimated as
follows:
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Page 8
a. Traffic (Net 44,OOOsf increase) $146,388
b. Sewer (Net 44,OOOsf increase) $128,392
C. Fire (Net 44,OOOsf increase) $3,417.04
d. *Water: (Will be required if meter upsizing is proposed)
e. Park Fees: N/A
f. Drainage: N/A
Traffic and fire fees are based on net building area increase. The applicant shall
provide a tabulation of existing building area. Sewer fees may be based on
fixture units. The applicant shall provide a tabulation of existing and proposed
fixture units for the entire project site.
*Additional fees will be required for new meters not replacing existing meters.
E. Prior to the issuance of a. Certificate of Occupancy:
(Engineering)
1. 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.
2. 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.
3. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
4. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to public improvements caused by construction activity from
this project.
5. All applicable easement dedications, encroachment agreements and
maintenance agreements are to be recorded prior to occupancy.
6. All work on the approved grading and improvement plans shall be
completed. Record drawings signed by the engineer of work, shall be
submitted and approved by Development Services prior to a request for
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
Resolution No. P -13 -31
Page 9
drawings. It is recommended that record drawings be submitted at least
three weeks prior to the requested occupancy date.
F. Any proposal to construct an additional building, or buildings, on the site
shall require a DR amendment and City Council approval. Additionally
any proposed drive - through restaurant shall require a Conditional Use
Permit and City Council approval. The area shown as parking in the
southeast corner of site and labeled "future development" may be left in an
un- improved state, at the discretion of the property owner. If the area is
left in an un- improved state, it shall be covered with mulch or other erosion
control, and shall be maintained in weed and litter free condition. If the
area is not developed with parking as shown on the approved site plan on
file with the City, or is not developed with an additional building pursuant
to a subsequent City Council approval within three years of this approval,
the property owner shall either complete the parking and landscape as
shown on the approved plan on file with the City or shall install
landscaping on the area, subject to the approval of the Director of
Development Services.
Section 8: The approval of DR 13 -009 shall expire on December 3, 2015, 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 9: 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 December 3, 2013.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 3rd day of December 2013.
Don Higginson, Mayor
ATTEST:
c� v
Sheila R. Cobian, CMC, City Clerk
Resolution No. P -13 -31
Page 10
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify,
under penalty of perjury, that the foregoing Resolution No. P -13 -31 was duly adopted by
the City Council at a meeting of said City Council held on the 3rd day of December
2013, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. Cobian, CIVIC, City Clerk
City of Poway