Res P-84-19RESOLUTION NO. P-84-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 84-01
ASSESSOR'S PARCEL NUMBER 317-101-22, 317-101-23
WHEREAS, Development Review 84-01, submitted by, M. E. T~rk/Paul
Newkirk, Applicants, request a thirty (30) unit apartment complex the
property located at 13340-13348 Community Road, in the R-A (Residential
Apartment) zone; and,
WHEREAS, on March 13, 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 and Paguay Redevelopment Project.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties and is in conformance with the Community Design Element
of the General Plan.
3. That the proposed development is in compliance with the Zoning
Development Code.
4. That the proposed development encourages the orderly and
harmonious appearance of structures and property within the City.
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 84-01 subject to
the following conditions:
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Ail improvements to the site shall be in conformance with the
Paguay Redevelopment Plan.
Car wash outlet, if draining into Rattlesnake Creek shall be
approved subject to Regional Water Quality Control Board standards.
The applicant shall provide written approval from the RWQCB prior
to building permit issuance, or shall provide an alternate suitable
outlet to the satisfaction of the City Engineer.
Resolution No. P-84-19
Page 2
The site shall be graded to provide surface drainage to the
satisfaction of the City Engineer.
4. The existing parcels shall be merged as noted in Section 81.408 of
the Subdivision Ordinance prior to issuance of an occupancy
permit.
5. Prior to building permit issuance, the owner of the property shall
dedicate Community Road to fifty (50) feet, 1/2 width from
centerline across the entire frontage along Community Road.
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The owner shall dedicate flowage easement to the City of Poway
over all portions of the property subject to inundation by a 100-
year flood prior to building permit issuance.
The applicant's engineer shall prepare a hydrological study,
including backwater analysis for a 100-year flood showing existing
and proposed water surface elevations in Rattlesnake Creek. The
proposed project's improvements shall not create a hazard to
existing structures adjacent to Rattlesnake Creek to the
satisfaction of the City Engineer. The hydrological study will be
required prior to building or grading permit issuance.
Fire hydrants shall be placed on the project site to the
satisfaction of the Director of Safety Services.
Provide four parking spaces for temporary guest use outside entry
into complex.
A minimum of two (2) clothes washers and one (1) clothes dryer per
eight (8) dwelling units shall be provided.
Recreational vehicles parking areas shall be prohibited.
Roofing materials shall be heavy-weight composition shingling to
the satisfaction of the Director of Planning Services.
Ten (10) percent of the floor area shall be provided as private
open area per ground floor unit and for units contained wholly on
the second floor.
A children's play area shall be provided on site to the
satisfaction of the Director of Planning Services.
15. Building Unit 3 shall face Building Unit 2.
Resolution No. P-84-19
Page 3
Section 4: City Council Decision:
The City Council hereby approves Development Review 84-01 subject to
the following Standard Conditions:
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING 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.
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-84-19
Page 4
9. 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.
10. 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.
PARKING AED VEH?CULAR ACCESS
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.
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.
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.
A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits
and prior to grading, to determine which trees shall be retained.
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.
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Page 5
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.
SIGNS
Any signs proposed for this development shall be designed and approved
in conformance with the Sign ordinance.
10 Parkland Dedication or payment of Park Fees at the established rate
shall be made prior to building permit issuance°
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E~isting 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.
ADDIT'rOI~&L APPROVALS REQU'rRED
The developer shall provide a noise display board in the sales office
to the satisfcation of the planning Services Director. The display
shall include the site plan and noise study.
Working drawings shall include a certification by a recognized
acoustical expert that the requirements of the City of Poway's noise
ordinance will be met.
At the completion of construction, and prior to occupancy, interior and
exterior CNEL shall be determined by field testing at developer's
expense. Tests to be conducted by a recognized acoustical expert. No
occupancy permits shall be granted until Condition G-1 is met to the
satisfaction of the Building Code (latest ad opted edition) "Sound
Transmission Control."
Resolution No. P-84-19
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APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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.
The grading plan shall contain a certificate signed by a registered
civil engineer that the grading plan has preserved a minimum of 100
square feet of solar access for each dwelling unit and for each future
building site within the subdivision.
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.
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 AND S~I'DEWALrS
Ail Circulation Element roads shall be dedicated and improved to
Circulation Element road standards and to the specifications of the
Director of Public Services.
Sidewalks (4.5) feet in width shall be required on (one)
side of Community Road.
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.
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-84-19
Page 7
7. 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.
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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 Community Road.
11. The developer shall pay the Traffic Mitigation Fee at the established
rate prior to building permit issuance.
DRAINAGE AND FLOOD COHTROL
The proposed project falls within areas indicated as subject to
flooding under the National Flood Insurance Program and is subject to
the provisions of that program and City Ordinance.
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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.
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The Master Plan of Drainage Fee shall be paid at the established rate
in accordance with the Drainage Ordinance prior to building permit
issuance.
4. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
Resolution No. P-84-19
Page 8
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UTILI?Ig-~
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:
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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.
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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.
Resolution No. P-84-19
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GENERAL REQUIREMENTS AND APPROVAL,~
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 13th day of March, 1984.
ATTEST:
Linda L. Oravec, Mayor
Marjori~ ~K. Wahlsten, City Clerk