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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; 0 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; 0 That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element; 0 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; e e 10. Resolution No. P-85-12 Page 2 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. Resolution No. P-85-12 Page 3 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. 11. 12. Ae o o e 13. Resolution No. P-85-12 Page 4 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. Resolution No. P-85-12 Page 5 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. e 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. e Resolution No. P-85-12 Page 6 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. ® e 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 II. e e e e 2e ® Se Resolution No. P-85-12 Page 7 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. Resolution No. P-85-12 Page 8 e 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. 80 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. ® 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. ® The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to building permit issuance. m ® ® Bm Se m Resolution No. P-85-12 Page 9 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: 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. All fixtures shall use a clear, low pressure sodium vapor light source. C® Advance energy charges and District engineering charges shall be paid by the developer. dm Annexation to the lighting district shall be accomplished and evidence of annexation and payment of lighting fees shall be presented to the City. em 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. ® Resolution No. P-85-12 Page 10 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