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Res P-85-72RESOLUTION NO. P-85-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 85-05 AND DEVELOPMENT REVIEW 85-08 ASSESSOR'S PARCEL NUMBER 316-120-30, 317-521-01 AND 05, 317-153-16 WHEREAS, Conditional Use Permit 85-04, and Development Review 85-08, submitted by Chambers Development Corporation, applicant, requests approval of a 150 residential senior housing project located approximately 1000 feet northwest of the intersection of Poway and Pomerado Roads in the RS-4 (Residential Single Family 4) zone; and WHEREAS, on December 3, 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 does hereby resolve as follows: Section 1: Findings: CONDITIONAL USE PERMIT That the location, size, design, and operating charac- teristics 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; That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses; That there are available public facilities, services, and utilities; That there will not be a harmful effect upon desirable neighborhood characteristics; That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element; 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; Resolution No. P-85-72 Page 2 That there are no other relevant negative impacts of the proposed use that cannot be mitigated; and 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 develop- ment. DEVELOPMENT REVIEW That the proposed development is in conformance with the Poway General Plan. That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoing properties. That the proposed development is in compliance with the Zoning Ordinance. e 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 a signi- ficant adverse impact on the environment and hereby issues a Negative Declaration. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 85-04 and Development Review 85-08 subject to the following conditions: Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. The project shall be designed and developed according to the residential senior citizen standards and shall include a maximum of 130 units to be located within a single buildings. The applicant is responsible for working out an agreement with the Poway Unified School District for the development of 130 senior housing units. Resolution No. P-85-72 Page 3 10. 11. An open space easement shall be granted to the City over those portions of the site not developed as senior housing (the 130 units). 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. The easement shall be granted prior to building permit issuance. The exact location of said area is subject to the satisfaction of the Director of Planning Services. A looped fire hydrant system and additional fire hydrants shall be designed and constructed to the satisfaction of the Director of Safety Services. The proposed buildings must be built to CAC Title 19 and 24 standards for group occupancy I-2 and must be fully sprinklered if the building contains more than five units. The applicant shall enter into a contract with the Poway Valley Senior Center to provide transportation services to the residents of the project if the pedestrian access to the shopping center is not provided. If this is not possible, the applicant shall provide alternate transpor- tation to the satisfaction of the Director of Planning Services. Ail residences of the project must be at least 55 years in age and ambulatory. This criteria shall be disclosed in the lease agreement. A copy of the lease agreement shall be submitted to and verified by the Director of Planning Services prior to occupancy of the site. An equestrian/pedestrian trail shall be dedicated and constructed to the satisfaction of the Directors of Public and Community Services. The trail shall be placed in an assessment district. Said condition is supplementary to conditions under E. Recreation under Standard Conditions of Approval. Prior to building permit issuance, the applicant's engineer shall prepare and submit a detailed hydrology and hydraulic report on the project and Pomerado Creek. This study shall be subject to the review and approval of the City Engineer, and its results shall be implemented in the tract grading and drainage improvements. The developer shall pay for a water system analysis to establish the proper size and location for the public water system. The amount will be determined by the cost of the analysis and will be a full cost recovery deposit. All public water easements shall be 20 feet in width. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Resolution No. P-85-72 Page 4 Prior to building permit issuance, the four parcels asso- ciated with this project shall be merged pursuant to Section 81.408 of the City Subdivision Ordinance. Existing underground utilities, near the proposed inter- section, shall be relocated. All costs for such reloca- tions shall be borne by the applicant. Oak Knoll Road shall be extended through the commercial zoned portion of the property to a right-of-way width of 60 feet and improved with a paved width of 40 feet. Concrete curb, gutter, and sidewalks shall be required on both sides. Within the residential zoned portion of the property, the access road shall be improved to a right-of-way width of 52 feet with a paved width of 28 feet. Concrete curb, and gutter will be required on both sides of the access road. Sidewalk will be provided on the easterly side. The street design shall include a cul-de-sac near the entrance to the senior housing facility. The applicant shall pay its pro-rata share of the cost of the traffic signal at Poway Road and Oak Knoll Road. Full intersection and traffic signal improvements at Poway/Oak Knoll Roads shall be completed prior to building occupancy. If this project precedes the installation of such improvements by Pomerado Plaza, the applicant shall be responsible for the design and construction of these improvements. The project shall be gravity sewered to Poway Road. Ail costs to acquiring easements for the sewer main shall be borne by the developer. Minimum size for the sewer main shall be 8 inches in diameter. A pedestrian walk designed to the satisfaction of the Director of Planning Services shall be provided unless agreement cannot be reached with Pomerado Plaza and Von's. Said walkway shall include a ramp system, handrails, lighting, and other features to insure safe pedestrian travel to the shopping center. South-facing windows shall have solar glazing or solar screens. Toilets are to be one gallon low flow and subject to the satisfaction of the Director of Planning Services. The developer shall furnish a minimum of one clothes washer and dryer per ten studio and one bedroom units. Laundry facilities shall be located on each corridor of the primary building. Resolution No. P-85-72 Page 5 ao 23. 24. 25. 26. 27. 28. 29. Ail trash enclosures shall include solid wooden gates and roofing, and shall meet standards per City detail. A revised site plan shall be submitted and approved by the Director of Planning Services. Said site plan shall main- tain ten feet distance between garage and carport struc- tures. The 10 car garage on the south side of the driveway in the SE portion of the site shall be relocated to avoid potential conflict with garages on the north side of the driveway. Of the 156 parking space to be provided for this project, 50 shall be uncovered. Said uncovered spaces shall be located primarily near the main entrance to the building. Ail air-conditioning units shall be flush mounted or if roof mounted, shall be architecturally screened. Landscaping for the project shall include a minimum of 50 trees per developed acre to be a 50 percent mix of evergreen and deciduous. The applicant shall submit a revised set of plans deli- neating: radius corners for all exterior corners of the building, roof over-hangs of two to three feet, and heavy wood accent facia, and multi-paned window on all buildings. 250 cubic feet of lockable, enclosed storage per unit shall be provided within the carport, balcony and garage area. Units with individual, lockable garages are not required to provide separate storage areas. Elevators shall be required for access to second floor units. Section 4: City Council Decision: The City Council hereby approves Conditional Use Permit 85-04 and Development Review 85-08 subject to the following Standard Conditions: APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPMENT Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions con- tained herein. Revised site plans and building elevations incorporating all con- ditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. Resolution No. P-85-72 Page 6 Approval of this request shall not waive compliance with all sec- tions of the Zoning Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. Trash receptacle 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. 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. 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. Street names shall be approved by the Planning Services Department prior to the recordation of the final map, and street addresses shall be provided prior to the issuance of building permits. 12. 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-85-72 Page 7 B. PARKING 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. 4. Ail parking spaces shall be double striped. C. LANDSCAPING e 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. Said landscape plan shall include the developed and vacant land. 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. 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 developed 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 pro- jects. Ail landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Resolution No. P-85-72 Page 8 D. SIGNS 1. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. E. RECREATION 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. 4. Parkland Dedication or payment of Park Fees at the established rate shall be made prior to building permit issuance. F. EXISTING STRUCTURES No Conditions G. ADDITIONAL APPROVALS REQUIRED No Conditions II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. 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 and shall include recontouring of the borrow pit areas. 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 isuuance of building permit. Resolution No. P-85-72 Page 9 I. STREETS AND SIDEWALKS Ail Circulation Element roads shall be dedicated and improved to Circulation Element road standards and to the specifications of the Director of Public Services. The developer shall pay a pro-rata share for the installation or modification of the traffic signals at Poway and Oak Knoll Roads prior to final map approval. Vehicular access rights to Circulation Element roads shall be dedicated to the City of Poway and labeled on the final map to the satisfaction of the Director of Public Services or by separate document. 4. Ail interior and exterior public streets shall be constructed to public street standards. 5. Sidewalks (4.5) feet in width shall be required on (both/one) side(s) of the extension of Oak Knoll Road. 6. Street striping and signing shall be installed to the satisfaction of the Director of Public Services. 7. 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. 10. Street improvements that include, but are not limited to: X a. Sidewalks e. X b. Driveways __f. X c. Wheel chair ramps X .g. X d. Curb and gutter __h. Cross gutter Alley gutter Street paving Alley paving shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Public Services. 11. 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. Resolution No. P-85-72 Page 10 12. 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. 13. Street improvements and maintenance shall be made in accordance with City Ordinance standards for urban streets 60/40, and non- dedicated rural streets 52/28. 14. The developer shall pay the Traffic Mitigation Fee at the established rate prior to building permit issuance. J. DRAINAGE AND FLOOD CONTROL The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to building permit issuance. 2. Concentrated flows across driveways and/or sidewalks shall not be permitted. K. 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 KV. 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. 3. Prior to acceptance of property for sewer service, annexation to the sewer improvement area shall occur. The applicant shall pay for a water system analysis to establish the proper size and location for the public water system. The amount will be determined by the cost of the analysis and shall be paid prior to building permit issuance. The applicant shall, within 30 days after receiving approval of the use permit and development review, apply for a Letter of Availability (LOA) to reserve sewerage availability and post with the City, a nonrefundable reservation fee equal to 20% of the appropriate sewerage connection fee in effect at the time the LOA is issued. 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-85-72 Page 11 L. GENERAL REQUIRRMRNTS AND APPROVALS 1. By separate document prior to occupancy there shall be granted to the City, an open space easement over the undeveloped area. 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 imDrovements. 2. Ail provisions of the Subdivison Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. APPROVED and ADOPTED by the City Council of the City of Poway, of ;ember 1985 State of California, this 3rd day e¢ , · Carl R. Kruse, Mayor ATTEST: Marjor~e K. Wahlsten, City Clerk