Res P-84-16RESOLUTION NO. P- 84-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 83-16
ASSESSOR'S PARCEL NUMBER 317-110-16, 37 and 56
WHEREAS, Development Review 83-16, submitted by, CDS Development Inc.,
applicant, requests approval of a 107-unit apartment complex located at the
northwest corner of Hilleary Place and Midland Road in the RA (Residential
Apartment) zone; and,
WHEREAS, on January 24, 1984, the City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Findings:
1. That the proposed development is in conformance with the Poway
General Plan.
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That the proposed development will not have an adverse aesthetic,
health, safety or architecturally related impact upon adjoining
properties because the criteria of the Community Design Element has
been followed in designing the project.
3. That the proposed development is in compliance with the Zoning
Development Code.
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That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City by meeting the
performance Standards of the Zoning Development Code and the criteria
of the Community Design Element.
Section 2: Environmental Findings:
The City Council finds that this project will not have significant adverse
impact on the environment and hereby issues a Negative Declaration.
Section 3: City Council Decision:
The City Council hereby approves Development Review 83-16 subject to the
following conditions:
Prior to building permit issuance, the three parcels associated with
this project shall be merged pursuant to Section 81.408 of the City
Subdivision Ordinance.
Resolution No. P- 84-16
Page 2
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Master Drainage Plan improvements through the property and local
drainage facilities in Midland Road at the intersections of Hilleary
Place and Cynthia Lane shall be installed to the satisfaction of the
City Engineer. These drainage improvements shall be installed prior to
occupancy of any building. Master Drainage Plan fees shall be waived
in lieu of construction of the Master Drainage Plan facilities through
the property.
The driveway access to Midland Road shall be located at the site's
northerly property line to align with Cynthia Lane as closely as
possible.
The existing on-site well shall be caped or removed to the satisfaction
of the City Engineer prior to building permit issuance.
An eight (8) foot high masonry wall shall be installed along the
westerly and northerly property lines.
Continious concrete curbing shall be used in all parking areas rather
than wheel stops.
Meandering sidewalks connecting with the project's internal pedestrian
circulation system shall be constructed for Midland Road and Hilleary
Place. Where sidewalks cross driveways, stamped concrete shall be used
to define the pedestrian path.
Mail boxes for the project shall be grouped at central locations.
Private open space equivalent to ten (10) percent of the floor area
shall be provided for each unit. Ground floor patio areas shall be
enclosed by shrubbery to the satisfaction of the Director of Planning
Services.
A minimum of 250 cubic feet of lockable enclosed storage per unit shall
be provided in the carport area, residential unit, or central storage
area.
Two (2) clothes washers and one (1) clothes dryer per eight (8)
dwelling units shall be provided.
Recreation vehicle parking shall be prohibited within the project.
Facia boards/exposed structural members defining the roofline shall be
modified to the satisfaction of the Director of Planning Services to
provide grreater definition of roof overhang.
Resolution No. P- 84 -16
Page 3
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Two sets of complimentary earthtone coloring schemes shall be utilized
in the project with equal distribution of the selected schemes
throughout the project to the satisfaction of the Director of Planning
Services.
The traffic noise affecting the private open space areas for the two
buildings adjacent to Midland Road shall be reduced to 65 CNEL as
required by the City Noise Element or the building shall be relocated so
as not to be subject to levels of 65 CNEL and higher
Roofing material shall be heavy weight asphalt shingles or alternative
to the satisfaction of the Director of Planning Services.
Section 4: City Council Decision:
The City Council hereby approves DR 83-16 subject to the following Standard
Conditions:
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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SITE DEVELOPJiEI~T
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.
Resolution No. P-84-16
Page 4
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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.
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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.
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. 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.
Bo PARK~IIG AHD vKfl'r(~ULAR
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.
Resolution No. P-84-16
Page 5
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L&IIDSI~APXllG
A detailed landscape and irrigation plan shall be submitted to and approved
by the Planning Services Department prior to the issuance of building
permits.
Existing on-site trees shall be retained wherever possible and shall be
trimmed and/or topped. Dead, decaying or potentially dangerous trees shall
be approved for removal at the discretion of the Planning Services
Department during the review of the Master Plan of existing on-site trees.
Those trees which are approved for removal shall be replaced on a
tree-for-tree basis as required by the Planning Services Department.
Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Ordinance and shall be planted at an
average of every 30 feet on interior streets and 20 feet on exterior
streets.
A minimum of 50 trees per gross acre, comprised of the following sizes,
shall be provided within the development; 20% - 24" box or larger, 70% - 15
gallon, and 10% - 5 gallon to the satisfaction of the Director of Planning
Services and in accordance with the approved landscape plan in all
multifamily and PRD projects.
Ail landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
S TGIIS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
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RECREAT't'Oll
Parkland Dedication or payment of Park Fees at the established rate shall be
made prior to building permit issuance.
EXISTING STRUCTII'RES
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.
Resolution No. P-84-16
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ADDTT'FORAL APPROVALS RE~UTRED
1. Working drawings shall include a certification by a recognized acoustical
expert that the requirements of the City of Poway's noise element will be
met.
II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRAD IBG
1. 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.
2. 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.
3. 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.
STREETS ARD SIDEWALKS
1. All Circulation Element roads shall be dedicated and improved to Circulation
Element road standards and to the specifications of the Director of Public
Services.
2. All exterior public streets shall be constructed to public street
standards.
3. Sidewalks (4.5) feet in width shall be required on one side of Midland Road
and Hilleary Place.
4. Street striping and signing shall be installed to the satisfaction of the
Director of Public Services.
5. All street structural sections shall be submitted to, and approved by the
Director of Public Services.
6. 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.
Resolution No. P-84-16
Page 7
7. Street improvements that include, but are not limited to:
X a. Sidewalks X e. Cross gutter
X b. Driveways f. Alley gutter
--~--c. Wheel chair ramps --~--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.
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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.
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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.
10. Street improvements and maintenance shall be made in accordance with City
Ordinance standards for urban streets Midland Road and Hilleary Place.
11. The developer shall pay the Traffic Mitigation Fee at the established rate
prior to building permit issuance.
Jo Dm]~,IHAGE AIJD FLOOD COHTROL
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.
2. Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
3. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
Ko UTILITIES
Ail proposed utilities within the project shall be installed underground
including existing utilities along Circulation Element roads and/or
highways less than 34.5 KY.
2. utility easements shall be provided to the specification of the serving
utility companies and the Director of Public Services.
Resolution No. P-84-16
Page 8
3. The developer shall be responsible for the relocation and undergrounding of
existing public utilities, as required.
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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.
5. Developer shall construct a light system conforming to City of Poway
Standards at no cost to the public, subject to the following:
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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.
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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.
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Cable television services shall be provided and installed underground. The
developer shall notify the Cable company when trenching for utilities is to
be accomplished.
Lo GERKRAL REQU~I'RKllEB'TS AHD 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 building permit issuance, 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.
2. 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 14th day of February, 1984.
Linda Oravec, Mayor
ATTEST:
Marjor~e~K. Wahlsten, City Clerk