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Res P-84-29RESOLUTION NO. P-84-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING DEVELOPMENT REVIEW 84-07 ASSESSOR'S PARCEL NUMBER 317-190-21, 26, and 41 WHEREAS, Development Review 84-07, submitted by Poway Creek Center, Ltd. applicant, requests approval of a 44,000 square feet commercial shopping center property located at the south side of Poway Road between, Midland Road and Gate Drive, in the CC (Commercial Community) zone; and, WHEREAS, on May 1, 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 consistent with the Pauguay Redevelopment Plan. 2o 0 That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties. That the proposed development is in compliance with the Zoning Development Code. 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 84-07 subject to the following conditions: A masonry wall eight (8) feet in height from the highest finished grade at the property line shall be erected and maintained along the south and east property lines where the project abuts residential zones. Additionally fifteen (15) gallon trees, twenty (20) feet on center, and shrubbery shall be installed and maintained along the inside of the wall in a planter area at least five (5) feet in width. Resolution No. P-84-29 Page 2 Ail ground mounted mechanical equipment, including heating and air conditioning units shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. All utility boxes shall be screened with landscaping, solid screening devises, or other approved architectural features. e The applicant shall grant reciprocal access and parking rights to the adjacent properties to the east and west to be exercised at the option of the City. 4. Outdoor storage areas shall be entirely enclosed by solid masonry walls not less than six (6) feet in height. 0 The two driveway entries shall be designed and constructed to City standards, to allow safe engress and avoid traffic conflicts, to the satisfaction of the City Engineer. The driveways shall have 15' radius curb returns. The westerly driveway shall be redesigned into single driveway, approximately 30' wide. The existing median east of Midland Road shall be reconstructed to the satisfaction of the City Engineer to provide one median opening allowing left turn movements in and out of the project and in and out of the K-Mart parking lot. The median shall be designed to allow a minimum of 120' of automobile storage for each left turn movement. A new median shall be extended easterly across the proposed east driveway, to prevent left turns in or out of that driveway. The existing and new median shall be improved based upon the design of City installed medians with stamped concrete, landscaped planters, and an irrigation system, with automatic controllers. The exact alignments, locations, and construction details of the medians and the driveways to the site, shall be subject to the review and approval of the City Engineer. If the City should proceed with plans to construct landscaped medians in this area, the developer will pay a pro-rata share of that cost based on the property frontage on Poway Road. Such contribution shall not exceed $12,000 for this project. Prior to the issuance of any building permits, the applicant's civil engineer shall prepare a detailed hydrologic and hydraulic analysis of the floodway and floodplain of Poway Creek as it affects this property, and the effect of any grading, fill, and channel improvements on this property and adjacent properties. The effect of the proposed grading, fill, and channel improvements on downstream properties, specifically those properties along Fairgate Drive, shall be addressed and offsite improvements may be required by the City Engineer to mitigate negative effects and protect those properties from damage. e e 10. 11. Resolution No. P-84-29 Page 3 Poway Creek shall be graded, straightened, and realigned. The channel shall be engineered with concrete sides and bottom, to a size sufficient to carry the 100-year storm. A 10 foot wide paved access road shall be constructed along the south side of the improved channel, and an access ramp shall be provided for maintenance vehicle access into the channel. A drainage/flowage easement shall be dedicated to the City along the channel alignment, in a form approved by the City Engineer. The exact alignment, cross section, and construction details of the channel shall be subject to the approval of the City Engineer. A portion of the channel improvements involves work within San Diego County Flood Control District easements and upon District facilities. Prior to any channel work or construction of any improvements or buildings within District easements, the applicant shall provide the City with evidence of District approval of the proposed work, and/or evidence of District vacation or quit claims of their easements. The applicant shall also be required to construct a storm drain running from a point on the north side of Poway Road, near the east side of the K-Mart frontage, southerly, across Poway Road, and thru the site, to Poway Creek. Such drain and inlets shall be sized to interupt and carry approximately 30 cfs from the north side of Poway Road. The City shall contribute towards the construction cost of such facility in the amount not to exceed $28,400. Prior to building permit issuance, all of the above improvements and requirements shall be installed and provided or deferred by guaranteeing installation prior to building occupancy by the execution of a performance agreement, secured with sufficient securities, in a form approved by the City Attorney. The three existing parcels shall be merged in accordance with the City's Subdivision Ordinance prior to the issuance of building permits. SECTION 4: City Council Decision: The City Council hereby approves Development Review 84-07 subject to the following Standard Conditions: APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SITE DEVELOPKENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. Resolution No. P-84-29 Page 4 2e 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. J 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. 4e 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. 5e 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. e 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. 7e 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. Be 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. 9o For a new commercial or industrial development, or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, 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. Resolution No. P-84-29 Page 5 e e e e PAROLING AND VEHICULAR 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. Ail parking spaces shall be double striped. LANDSCAPING A detailed landscape and irrigation plan shall be submitted to and approved by the Public Services Department and 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 with 36-inch box specimens approved 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. Ail landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. De e 2e e 0 Resolution No. P-84-29 Page 6 SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. A Comprehensive Sign Program for this development shall be submitted to the Planning Services Department for their review prior to issuance of building permits. Approval shall be by the City Council. RECREATION An irrevocable offer of dedication shall be made for 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. EXISTING STRUCTURES 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. ADDITIONAL APPROVALS REOUIRED (No Conditions) APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDTIONS: GRADING 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. 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 issuance of building permit. Resolution No. P-84-29 Page 7 I. STREETS AND SIDEWAL][S Ail Circulation Element roads shall be dedicated and improved to Circulation Element road standards and to the specifications of the Director of Public Services. 2. Ail interior and exterior public streets shall be constructed to public street standards. o Sidewalks (4.5) feet in width shall be required on (one) side of Poway 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. 5. Street striping and signing shall be installed to the satisfaction of the Director of Public Services. 6. 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. 9. Street improvements that include, but are not limited to: X a. Sidewalks X e. Cross gutter X b. Driveways X 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 uni'ts to the satisfaction of the Director of Public Services. 10. 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. 11. 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. Resolution No. P-84-29 Page 8 12. The developer shall install a City approved landscaped median along the project frontage prior to building permit issuance. 13. Street improvements and maintenance shall be made in accordance with City Ordinance standards for urban street Poway Road. 14. The developer shall pay the Traffic Mitigation Fee at the established rate $61,677 preliminary estimate prior to building permit issuance. J.. DRAINAGE AND FLOOD CONTROL Intersection drains will be required at locations specified by the Director of Public Services and in accordance with standard engineering practices. o 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. o 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. 4. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 55 The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to building permit issuance. 6. 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. 3. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. o 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. Resolution No. P-84-29 Page 9 Be 6o 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: Se 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. be Ail fixtures shall use a clear, low pressure sodium vapor light source. Co Advance energy charges and District engineering charges shall be paid by the developer. de Annexation to the lighting district shall be accomplished and evidence of annexation and payment of lighting fees shall be presented to the City prior to building permit issuance. L. GENERAL ltEOUIREHENTS AND APPROVALS 1. Permits from other agencies will be required as follows: San Diego County Flood Control District - Channel Easements and Facilities. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 1st day of May, 1984. ATTEST: Marjorte~ K. Wahlsten, City Clerk