Res P-85-12RESOLUTION NO. P-85-12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 85-01
AND DEVELOPMENT REVIEW 85-01
ASSESSOR'S PARCEL NUMBER 275-470-05
WHEREAS, Conditional Use Permit 85-01 and Development Review
submitted by Philip Butzen, applicant, request approval of a 60
unit senior residential group care facility located in the RS-4,
RR-C, and RR-A zone; and described as the real property situated
in the City of Poway, County of San Diego, State of California,
at the southeast quarter of the southeast quarter of Section 35,
Township B South, Range 2 West, San Bernardino Base and Meridan,
in the County of San Diego into 6 lots, regularly came before the
City Council for public hearing and action on March 19, 1985;
and
WHEREAS, on March 19, 1985, 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 of the City of Poway does
hereby resolve as follows:
Section 1: Findings:
Conditional Use Permit
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;
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That the harmony in scale, bulk, coverage and density is
consistent with adjacent uses;
That there are available public facilities, services and
utilities;
4. 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/or the City's Circulation
Element;
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That the site is suitable for the type and intensity of
use or development which is proposed;
That there will not be significant harmful effects upon
environmental quality and natural resources;
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That there are no other relevant negative impacts of the
proposed use that cannot be mitigated;
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; and
That the proposed development is in conformance with the Poway
General Plan.
Section 1: Findings:
DEVELOPMENT REVIEW
That the proposed development is in conformance with the Poway
General Plan, in that a commercial use is proposed on
commercially designated property.
2. That the proposed development will not have an adverse aesthetic,
health, safety or architecturally related impact upon adjoining
properties, in that the project is well designed architecturally
and offers buffering in the form of a wall and landscaping or
open space from surrounding residential sites.
That the proposed development is in compliance with the Zoning
Ordinance, in that standards for commercial development have
been met.
That the proposed development encourages the orderly and
harmonious appearance of structures and property within the
City, in that the project complies with development criteria for
commercial projects identified in the Community Design Element.
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:
Conditional Use Permit 85-01, and Development Review 85-01, a
copy of which is on file in the Planning Services office, is
hereby approved subject to the following conditions:
The applicant shall enter into a reciprocal access agreement wit[
the property to the west for ingress and egress over the propose(
access road on the western edge of the property, and for
pedestrian access between the two properties.
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2. Ail retaining walls on the project site shall have a stucco
surface to match the proposed buildings. Additionally, a
detailed landscaping plan indicating a vine/espalier planting on
all retaining walls shall be submitted to the Director of
Planning Services for approval.
3. The applicant shall enter into a contract with the Poway
Valley Senior Services Center to provide transportation
services to the residents of the project. If this is not
possible, the applicant shall provide an alternate means
of transportation to the residents to the satisfaction of
the Director of Planning Services.
4. All residents of the project must be at least 55 years in
age and ambulatory. These criteria shall be disclosed in
the lease agreements. A copy of the lease agreement shall
be submitted to and verified by the Director of Planning
Services.
5. The proposed building must be built to CAC Title 19 and 24
Standards for a group occupancy I-2 and must be fully
sprinklered.
6. The applicant shall make a proportionate contribution to
the bus shelter at the corner of Monte Vista Road and
Pomerado Road.
7. The applicant shall dedicate an open space easement over
that portion of the property prior to recordation of the
map. The exact location of said open space easement shall
be approved by the Director of Planning Services.
8. A 20-foot easement shall be granted to the City for public
utilities. Said easement shall be granted prior to
building permit issuance. The location of said easement
shall extend along the northern property line of proposed
parcel one, a distance of approximately 266 feet.
9. The dedication of said utility easement shall require
reducing the size of the proposed building to accommodate
a 25 foot rear yard setback area. The reduction in
building area to accommodate said easement and setback
area can be accomplished by removing two B-type units from
the proposed floor plan.
10. A revised site development plan shall be submitted to the
Director of Planning Services incorporating all required
modifications and approved prior to building permit
issuance for Parcel 1 or recordation of the map, whichever
comes first.
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Ail on- and off-site drainage improvements shall be
designed and approved by the Directors of Planning and
Public Services.
Prior to building permit issuance, the developer's
engineer shall prepare and submit a detailed hydrology and
hydraulic report on the project and the proposed storm
drains. This study shall be subject to the review and
approval of the City Engineer, and its results shall be
implemented in the site grading and drainage
improvements.
Ail of the conditions contained within the Resolution
approving TTM 84-10 shall apply to CUP 85-01 and DR 85-01
unless deemed unnecessaary by the Directors of Planning and
Public Services.
Section 4:
Conditional Use Permit 85-01, and Development Review 85-01,
copies of which are on file in the Planning Services office, are
hereby approved subject to the following Standard Conditions:
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING
SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPNENT
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.
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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.
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 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.
AND VEI~ICULAR 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.
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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.
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.
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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.
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.
RECREATION
On lots having a private or public equestrian/pedestrian trail
on or adjacent to their property, the developer is required to
have contained within the C.C.&R.'s the following statement:
In purchasing the home, I have read the C.C.&R.'s and
understand that said lot is subject to an easement for the
purpose of allowing equestrian/pedestrian traffic.
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.
EXISTING STRUCTURES No Conditions
ADDITIONAL APPROVALS REOUIRED No Conditions
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APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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 recordation of the final
subdivision map or issuance of building permit, whichever comes
first.
A pre-blast survey of surrounding property shall be conducted to
the satisfaction oof the City Engineer prior to any rock
blasting. Seismic recordings shall be taken for all blasting
and blasting shall occur only at locations and levels approved
by the City Engineer.
STREETS AND S'I'DEWALg~'S
The developer shall pay a pro-rata share for the installation or
modification of the traffic signals at Pomerado Hospital prior
to building permit issuance.
Ail interior and exterior public streets shall be constructed to
public street standards.
Sidewalks (4.5) feet in width shall be required on (both)
side(s) of Monte Vista 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.
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Page 8
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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.
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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 b. Driveways
X c. Wheel chair ramps
X d. Curb and gutter
X e. Cross gutter
f. Alley gutter
X g. Street paving
-- h. Alley paving
shall be constructed prior to the occupancy of the units 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.
12. Street improvements and maintenance shall be made in accordance
with City Ordinance standards for urban streets Monte Vista Road
(60/40).
13. The developer shall pay the Traffic Mitigation Fee at the
established rate prior to building permit issuance.
Jo 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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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.
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UTXLXTIES
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.
All 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.
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Evidence of fee and deposit payment annexation to the
Light District.
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 REOU~'REI~ENTS AND APPROVALS
By separate document prior to the issuance of building permit or
on the final subdivision map, there shall be granted to the
City, an open space easement over Lots 2, 3, 4, and 5. Said
open space easement shall be approved as to form by the City
Attorney and shall limit the use of said open space to
recreational purposes, including buildings, structures and
improvements.
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.
APPROVED and ADOPTED by the City Council of the City of Poway, State
of California, this 19th day of March, 1985.
- bert C~- Emery. ~CS~r
ATTEST:
Marjor~e\K. Wahlsten, City Clerk