Res P-84-08RESOLUTION NO. P-84-08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 83-04
ASSESSOR'S PARCEL NUMBER 275-461-02, 275-232-32
WHEREAS, Conditional Use Permit 83-04, submitted by The Mounts Company
applicant, requests to construct a 120-unit residential retirement facility
known as Stonegarden which includes dining facilities with kitchen, resident
manager quarters, administrative offices, social service facilities and various
recreational facilities, in the Residential Single Family 4 (RS-4) zone; and,
WHEREAS, on January 24, 1984, 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, the City Council does hereby resolve as follows:
Section 1: Findings:
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That the location, size, design, and operating characteristics of the
proposed use will be compatible with and will not adversely affect or
be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources;
That the harmony in scale, bulk, coverage and density is consistent
with adjacent uses and is in conformance with the Community Design
Element of the General Plan;
That there are available public facilities, services and utilities;
That there will not be a harmful effect upon desirable neighborhood
characteristics;
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That the generation of traffic will not adversely impact the
surrounding streets and the City's Circulation Element;
That the site is suitable for the type and intensity of use or
development which is proposed and is in conformance with the General
Plan;
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That there will not be significant harmful effects upon environmental
quality and natural resources;
That there are no other relevant negative impacts of the proposed use
that cannot be mitigated; and
That the impacts, as described above, and the location of the proposed
use will not adversely affect the City of Poway General Plan for future
as well as present development.
Resolution No. P-84-08
Page 2
SECTION 2: Environmental Findings:
The City Council finds that this project will not have a significant adverse
impact on the environment and hereby issues a Negative Declaration.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 83-04 subject to the
following conditions:
An open space easement and irrevocable offer of dedication shall be
granted to the City for land greater than the fifteen (15) percent slope
line.
2. Box trees shall be 36" (thirty six inches) and greater.
3. Country Squire Drive shall be permanently cul-de-saced.
4. Prior to any additional development on the site the applicant will need
to subdivide the parcel.
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Site rough grading shall be approved for the entire site prior to
building permit issuance. Application for grading permit shall preceed
any grading of the subject property.
If the on-site street shown providing access to the proposed development
from Pomerado Road is dedicated and improved to City Standards required
by the City Engineer, no fountain, planters, etc. shall be built within
the right-of-way.
7. Residents of the retirement facility shall be 55 years of age and
older.
Extensive landscaping shall be provided on the northerly portion of the
site to establish a visual screen between the project and the single
family residences to the north to the satisfaction of the Director of
Planning Services.
Section 4: City Council Decision:
The City Council hereby approves CUP 83-04 subject to the following Standard
Conditions:
I. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
Approval of this request shall not waive compliance with all sections of the
Zoning Development Code and all other applicable City Ordinances in effect
at the time of building permit issuance.
Trash receptacle areas for commercial, manufacturing, and multifamily
developments shall be enclosed by a 6 foot high masonry wall with
view-obstructing gates pursuant to City standards. Location shall be
subject to approval by the Planning Services Department.
Ail roof appurtenances, including air conditioners, shall be architecturally
integrated, shielded from view and sound buffered from adjacent properties
and streets as required by the Planning Services Department.
Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
Prior to the issuance of building permits for combustible construction,
evidence shall be submitted to the Director of Safety Services that water
supply and facilities for fire protection is available. Where additional
fire protection is required by the Director of Safety Services, it shall be
serviceable prior to the time of construction.
For a new residential dwelling unit(s), the applicant shall pay development
fees at the established rate. Such fees may include, but not be limited to:
Permit and Plan Checking Fees, School Fees (in accordance with City-adopted
policy and/or ordinance), Water and Sewer Service Fees. These fees shall be
paid prior to building permit issuance.
Resolution No. P-84-08
Page 4
10. This approval shall become null and void if building permits are not issued
for this project within one year from the date of project approval.
11. Street names shall be approved by the Planning Services Department prior to
the recordation of the final map, and street addresses shall be provided
prior to the issuance of building permits.
12. Building identification and/or addresses shall be placed on all new and
existing buildings so as to be plainly visible from the street or access
road; color of identification and/or addresses shall contrast with their
background color.
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Ail parking lot landscaping shall consist of a minimum of one fifteen 15)
gallon size tree for every three (3) parking spaces. For parking lot
islands, a minimum 12 inch wide walk adjacent to parking stalls shall be
provided and be separated from vehicular areas by a 6 inch high, 6 inch wide
portland concrete cement curbing.
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Parking lot lights shall be low pressure sodium and have a maximum height of
eighteen (18) feet from the finished grade of the parking surface and be
directed away from all property lines, adjacent streets and residences.
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Ail two-way traffic aisles shall be a minimum of 24 feet wide and emergency
access shall be provided, maintained free and clear, a minimum of 24 feet
wide at all times during construction in accordance with Safety Services
Department requirements.
4. Ail parking spaces shall be double striped.
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A detailed landscape and irrigation plan shall be submitted to and approved
by the Planning Services Department prior to the issuance of building
permits.
2. Ail landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
1. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
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RECRKATIOH
The developer shall improve the equestrian/pedestrian trail system in
accordance with the adopted sign standards and to the satisfaction of the
Directors of Public and Planning Services prior to building permit
issuance.
An open space easement shall be granted to the City over, upon, across and
under the area defined on the final maps as an equestrian trail and no
building, structures or other things shall be constructed, erected, placed
or maintain ed on subject easements except for the construction and
maintenance of said trail and structures appurtenant to the trail.
Dedicate the Master planned equestrian/pedestrian trails to the satisfaction
of the Directors of the Departments of Public and Planning Services in
accordance with the Master Plan of Trails Element.
Parkland Dedication or payment of Park Fees at the established rate shall be
made prior to building permit issuance.
EXIST~'RG STRUCTURES
Provide compliance with the Uniform Building Code for property line
clearances considering use, area and fire-resistiveness of existing
buildings.
Existing building(s) shall be made to comply with current building and
zoning regulations for the intended use or the building shall be
demolished.
Existing sewage disposal facilities shall be removed, filled and/or capped
to comply with appropriate grading practices and the Uniform Plumbing
Code.
ADD?TIOHAL APPROVALS REQUIRED No Conditions
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRAD?HG
Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work prior to building permit issuance.
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A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
The final grading plan shall be subject to review and approval by the
Planning Services and Public Services Department and shall be completed
prior to recordation of the final subdivision map or issuance of building
permit, whichever comes first.
Ail Circulation Element roads shall be dedicated and improved to Circulation
Element road standards and to the specifications of the Director of Public
Services.
The developer shall pay a pro-rata share for the installation or
modification of the traffic signals at Pomerado Road and Pomerado Hospital
prior to building permit issuance.
vehicular access rights to Circulation Element roads shall be dedicated to
the City of Poway and labeled on the final map to the satisfaction of the
Director of Public Services or by separate document.
Ail interior and exterior public streets shall be constructed to public
street standards.
Sidewalks (4.5) feet in width shall be required on one side of Pomerado
Road.
Reciprocal access and maintenance and/or agreements shall be provided
insuring access to all parcels over private roads, drives or parking areas
and maintenance thereof to the satisfaction of the Director of Public
Services.
Street striping and signing shall be installed to the satisfaction of the
Director of Public Services.
Ail street structural sections shall be submitted to, and approved by the
Director of Public Services.
Street improvement plans prepared on standard size sheets by a Registered
Civil Engineer shall be submitted for approval by the Director of Public
Services. Plan check and inspection expenses shall be paid by the
developer.
10. Ail exterior street improvements shall be constructed prior to issuance of
building permits, to the satisfaction of the Director of Public Services.
Resolution No. P-84-08
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11. Street improvements that include, but are not limited to:
X a. Sidewalks e. Cross gutter
X b. Driveways f. Alley gutter
X c. Wheel chair ramps X g. Street paving
X d. Curb and gutter h. Alley paving
shall be constructed prior to the occupancy of the units to the satisfaction
of the Director of Public Services.
12. Ail damaged off-site public works facilities, including parkway trees, shall
be repaired or replaced prior to exoneration of bonds and improvements, to
the satisfaction of the Department of Public Services.
13. Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Public Services office and
appropriate fees paid, in addition to any other permits required.
14. The developer shall pay one half the cost of a City approved landscaped
median along the project frontage(s) prior to building permit issuance.
15. Street improvements and maintenance shall be made in accordance with City
Ordinance standards for urban streets Pomerado Road and new access road to
site.
16. The developer shall pay the Traffic Mitigation Fee at the established rate
prior to building permit issuance.
Jo DRA?HAGE AND FLOOD COI~TROL
1. Intersection drains will be required at locations specified by the Director
of Public Services and in accordance with standard engineering practices.
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A drainage system capable of handling and disposing of all surface water
originating within the subdivision, and all surface waters that may flow
onto the subdivision from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as required by the
Director of Public Services to properly handle the drainage.
3. Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
4. The Master Plan of Drainage Fee shall be paid at the established rate in
accordance with the Drainage Ordinance prior to building permit issuance.
Resolution No. P-84-08
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Ail proposed utilities within the project shall be installed underground
including existing utilities along Circulation Element roads and/or
highways less than 34.5 KV.
Utility easements shall be provided to the specification of the serving
utility companies and the Director of Public Services.
The developer shall be responsible for the relocation and undergrounding of
existing public utilities, as required.
Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the Health
Department of the County of San Diego.
Prior to acceptance of property for sewer service, annexation to the sewer
improvement area shall occur.
Developer shall construct a light system conforming to City of Poway
Standards at no cost to the public, subject to the following:
Cut-off luminaries shall be installed which will provide true 90
degree cutoff and prevent projection of light above the horizontal
from the lowest point of the lamp or light emitting refractor or
device.
Ail fixtures shall use a clear, low pressure sodium vapor light
source.
Advance energy charges and District engineering charges shall be paid
by the developer.
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Annexation to the lighting district shall be accomplished and evidence
of annexation and payment of lighting fees shall be presented to the
City.
Cable television services shall be provided and installed underground. The
developer shall notify the Cable company when trenching for utilities is to
be accomplished.
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GENERAL RK~U'I'REMKHTS AliD APPROVALS
Prior to building permit issuance, all of the above improvements and
requirements shall be installed and provided, or deferred by guaranteeing
installati on within two years from map recordation or prior to building
permit issuance, whichever occurs first, by the execution of a performance
agreement, secured with sufficient securities, in a form approved by the
City Attorney. All necessary processing fees, deposits, and charges shall
be paid prior to final map approval.
Prior to building permit issuance, all dedications shall be made and
easements granted as required above.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 24th day of January, 1984.
ATTEST:
Linda Oravec, Mayor
M~rjorie K. Wahlsten, City Clerk