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.
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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.
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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.
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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.
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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.
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Resolution No. P-84-29
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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 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.
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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.
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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.
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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.
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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.
4. Portland cement concrete cross gutters shall be installed where
water crosses the roadways.
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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.
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.
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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.
Resolution No. P-84-29
Page 9
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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 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