Res P-88-107RESOLUTION NO. P-88.107
A OF THE CIT~ OU CIC
OF T E -ITY F POWAY,
APPROVI G ONDI IONAL USE E MI 88-06
AN D VELO MENT REVIE 8- 3
ASSESSOR' PAR EL NUMBER 31 -5 1-04
WHEREAS, Use Permit 88-06 and Review 88-13, sub-
mitted by the Dienes Company, applicant, requests to construct a 67 unit senior
housing complex on the west side of Pomerado Road between Poway Road and
Robison Boulevard in the CO zone; and
WHEREAS, on November 1, 1988, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Fin~ :
The City Council finds that this project will not have a significant adverse
impact on the and hereby issues a Negative D
Section 2: Findir :
C
Use Permit 88-06
That the location, size, design, and operating ch of the
proposed use will be compatible with and will not adversely affect or
be materially d 1 to adjacent uses, residents, buildings,
, or natural in that the project adjoins an
existing use on the south and vacant land on the west,
north, and east, and the project is designed to preserve and enhance
the existing that crosses the property.
That the harmony in scale, bulk, coverage, and density is
with adjacent uses, in that the proposed buildings are arch
compatible with surrounding development.
ly
3. That there are available public facilities,
and utilities.
That there will not be a harmful effect upon des rable neighborhood
in that the roject is physical y separated from
single family use on three sides an where it will adjoin
a future single family subdiv sion, a wall and 3 foot setback with
landscaping will provide a bu fer between the two uses.
That the § of traffic will not adversely impact the
surrounding streets and/or the City's C' Element, in that the
project will be required to road imp which will
mitigate any impacts.
Resolution No. P-88-107
Page 2
That the site is suitable f r the type and intensity of use of develop-
ment which is in hat the property is level, with the excep-
tion of a which w ll be and the site is an ideal
location in terms of proxim ty to services and public
transportation. All development standards will be made through project
De
That there will not be significant harmful effects upon
quality and natural in that the conditions of approval for
the project will mitigate impacts to a level of insignificance.
That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
That the proposed use, furthers goals of the City of Poway General Plan
because the General Plan designates senior housing as one of the con-
ditional uses allowable in the CO zone and the provision of senior
housing and low income housing will help address an existing housing
shortage in the
Review 88-13
That the proposed development is in conformance with the Poway General
Plan, in that the General Plan designation for this site, CO, permits
senior housing, subject to approval of a conditional use permit.
That the proposed development w ll not have an a verse
health, safety, or architectura ly related impac upon adjoining pro-
perties in that the proposed bu ldings are archi ecturally compatible
with surrounding residential an deve opments, and the
required imp will protect the health an safety of adjoining
properties.
That the proposed development is in compliance with the Zoning
Ordinance in that all development standards will be met through project
That the proposed development encourages the orderly and h
appearance of structures and property within the City in that the pro-
posed buildings will details, and
colors that will be comp to buildings in the g area.
That the project
fro the "Other"
246 do
cou d be classif
mun ty because i
that a total of
qualifies to be allocated 67 units of sewer capacity
category as described by Ordinance No. 246 in that
s not provide another category in which this project
ed, and the project will be of benefit to the com-
will provide senior housing where recent studies show
06 senior housing units will be needed to meet future
demand.
No. P- 88-107
Page 3
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 88-06 and
Development Review 88-13 subject to the following conditions:
Within 30 days of approval: (1) The applicant shall submit in writing
that all conditions of approval have been read and understood; and (2)
the property owner shall execute a Covenant on Real Property.
All units in the project, with the of the
shall be rented only to persons 55 years of age or older'.
unit,
5
Rents for the eight units shall not exceed 30 percent of 80 percent
median income for a one-person household as ~ by HUD for the
San Diego Metropolitan S 1 area. Rents for an additional four
units shall not exceed 30 percent of 100 percent of median income for a
one-person household as established by HUD for the San Diego
Metropolitan S area. The actual rental rate shall be deter-
mined by the San Die o County Department of Housing and Community
Development, or its esignee, in accordance with applicable federal
state or local polic es and programs. They may be adjusted to reflect
changes in the renta market.
The developer shall execute a contract with the County of San Diego
Department of Housing and Community Development which specifies how
rental rates for the units shall be d and assures
that the 12 affordable units shall be occupied by qualified lower
income households. This contract shall be executed prior to issuance
of grading and building permits.
The developer, pursuant to the agreement in No.
3 above, will be responsible for assuring that the reserved affordable
bonus units are occupied by qualified lower income households.
Certification of income for tena ts shall take place only on their ini-
tial occupancy in the project, n the event that lower income house-
holds are not available to rent he units to the satisfaction of the
Department of Housing and Commun ty Development, the owner may rent the
units at the defined reasonable rental rate to the public at large. As
soon as a vacancy is the Department of Housing and
Community Development or other entity acceptable to the County shall be
notified and the vacant unit shall be made available to income eligible
as defined herein.
The applicant shall obtain a streambed alteration permit from the
California Department of Fish and Game prior to issuance of building
permits.
No. P- 88-107
Page 4
o
10.
11.
Road
1.
The hammerhead t area adjacent to the edestrian entry gate on
Pomerado Road shall be redesigned to make this aved area less inviting
as a parking space and insure that it will be k pt open for Fire
apparatus. The redesign shall be su ject to the approval of
the Directors of Safety and Planning Services.
The paving at the "dead end" of the two carport aisles shall be
extended to five feet in length as shown on Attachment 13 to provide
additional room for g.
A minimum of three handicapped parking spaces shall be provided on
site.
The clubroom shall be accessible to the handicapped.
Each unit shall be provided with a hookup for washer and dryer.
P merado Road along the development's frontage shall be improved to the
C ty's C' Element - Major Arterial Roadway Classification
shall include, but is not to be limited to,
w dening the pavemen roadway width to 80 feet {c,,rb-to-curb
d mension), and cons ruction of concrete curb, gu ter, and 4.5 foot
w de sidewalk along he westerly side of said roa . Pavement struc-
tural section design shall be based on a traffic ndex of 9.0 or as may
be approved by the Director of Public Services an /or the City
Engineer. Said pavement 1 section shall be approved prior to
start of work.
A landscaped median (similar to the existing median in Poway Road)
shall be ~ along the development's frontage on Pomerado Road and
extending beyond the property line a sufficient distance to
safely preclude left turns onto and off of Pomerado Road.
A bus bench and shel er shall be J on Pomerado Road in a
location acceptable o the Director of Community Services and the
County Transit The design of the shelter shall be subject
to approval of the D rector of Community Services.
Drainage
A hydrolo y calculation of the g the development
hall be repared and submitted to the City's Publ c Services
· epartmen for review and approval. Said calculat on shall include,
,t is no to be limited to, d of the O0 year inundation
ne (floodplain), the limits of the 100 year floo way, and the limits
the floodw · fringe, all of which shall be base on the current San
ego County rood Control District Design and Procedure Manual
Hydrology). aid shall be improved to the satisfaction of
he Director o Public Services and City Engineer.
Resolution No. P- 88-107
Page 5
A box culvert, designed to c rry a 100 year flood, or a bridge shall be
~ in that area of he above mentioned watercourse where the
proposed roadway for access o the project is to be built. The design
of said culvert shall be sub ect to review and approval by the City's
Director of Public Services nd City Engineer. Said culvert or bridge
shall be completed prior to ssuance of a Certificate of Occupancy.
Safety Services
New fire hydrants shall be installed within the project area, meeting
City of Poway to be ~ by the City Fire
Marshal.
Fire.apparatus access roadways to be
rec
~ to Uniform Fire Code
All roadways in excess of 150 feet shall be provided with provi-
sions for the turning around of fire apparatus.
Access roadways shall be provided to within 150 feet of all
exterior walls of newly ~ buildings.
o
A Knox security system override switch shall be provided on all automa-
tic entry gates.
4. All roofing materials shall be fire retardant per City Ordinance.
Fire lanes shall be provided with appropriate curb markings and signs
as by the of Safety Services.
Miscellaneous
Any new on-site water or sewer mains shall have an easement dedicated
to the City prior to is uance of a Certificate of Occupancy. Said
easement shall be a min mum of 20 foot wide for each main. Any ease-
ment outside of the pro ect site that is necessary or said new water
and sewer mains shall b dedicated to the City at the sole expense of
the developer. Off-site shall also be 20 foot wide minimum.
The applicant shall obtain a road and utility easement over the
northerly 30 feet of the 60 foot wide easement along and contiguous
with the developments northerly property line. A copy of said ease-
ment, duly recorded in the office of the San Diego County Recorder,
shall be furnished to the City's Public Services prior to
issuance of a grading permit.
o
Resolution No. P-88-107
Page 6
The southerly 30 feet of the above me tioned 60 foot wide easement
shall be vacated and a copy thereof o the vacation or quit claim deed,
duly shall be furnished to he City's Public Services
Department prior to issuance of agra lng pemit. The reason for the
vacation is the developer's intent to use this area for additional
parking.
Access to the project over the northerly 30 feet of the above 60 foot
wide easement shall be improved to the satisfaction of the Director of
Public Services, City Engineer, and the Fire Marshal.
The applicant shall submit a plot plan showing the locations of existing
street lights along Pomerado Road within 500 feet from the limits of
the development.
Said plot plan shall be submitted
for plan check of Pomerado Road '
Services Department.
with the first submittal
plans to the City's Public
Any portion of the meandering sidewalk that will be built outside a
street rig shall have an easement dedicated to the City prior
to issuance of a Certificate of Occupancy.
Additional street right-of-way for Pomerado Road widening shall be
dedicated to the City prior to issuance of a Certificate of Occupancy.
C of the project shall nor violate the terms of the existing
40 foot wide slope and drainage easement which is located along the
southern property line or the terms of any other existing easement on
the site unless have been vacated prior to the start of
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Minor al to site plan may be approved by the Director of Planning
Services.
2. Revised site plans and building incorporating all conditions of
approval shall be submitted to the Planning Services prior to
issuance of building permits.
Approval of this request shall not waive with all sections of the
Zoning Development Code and all other applicable City Ordinances in effect
at the time of building permit '
o
Trash
approval
Page 7
No. P- 88-107
shall be enclosed by a six foot high masonry wall with view-
gates pursuant to City Location shall be subject to
by the Planning Services Department.
All roof app 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 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 '
Pri r to delivery of combustible building on site, water and sewer
sys ems shall satisfactorily pass all required tests and be connected to the
pub ic water and sewer systems. In addition, the first lift of asphalt
pay ng shall be in place to provide adequate, access for
The final lift of asphalt shall not be installed until all o~her
activity has been substantially completed to the satisfaction
of the City.
For a new residential dwelling unit(
fees at the established rate. Such
Permit and Plan Checking Fees, Schoo
policy and/or ordinance), Water and
paid prior to building permit '
), the applicant shall pay devel pment
ees may include, but not be limi ed to:
Fees (in accordance with City-a opted
ewer Service Fees. These fees s all be
Building iden ification and/or addresses shall be placed on all new and
existing buil ings so as to be plainly visible from the street or access
road; color o identification and/or shall contrast with their
background co or.
B. PARKING AND VEHICULAR ACCESS
All open parking spaces shall be double striped. Garages may be provided in
lieu of carports under the direction of the Planning Services Department.
LANDSCAPING
A detailed landscape and irrigation plan shall be submitted to and approved
by the Planning Services prior to the issuance of building per-
mits.
No. p-88-107
Page 8
o
A Master Plan of the existing on-site trees shall be provided to the
Planning Services prior to the issuance of building permits and
prior to grading, to determine which trees can be
The 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 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.
All landscaped areas shall be ~ in a healthy and thriving con-
dition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
E. RECREATION
The shall pay the Park Fee at the ~ rate at the date of
final inspection, or the date of the certificate of occupancy, whichever
occurs later.
EXISTING STRUCTURES - NONE
ADDITIONAL APPROVALS REQUIRED
Working drawings shall
expert that the ret
met.
include a certification by a recognized 1
of the City of Poway's noise ordinance will be
At the completion f
exterior CNEL shal
Tests to be conduce
mits shall be gran e
Building Code (lates
and prior to occupancy, interior and
e determined by field testing at developer's expense.
by a recognized 1 expert. No occupancy per-
until Condition G-7 is met to the satisfaction of the
adopted edition) "Sound T Control."
No. P-88-107
Page 9
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
H. GRADING
Grading of the subject property shall be in with the Uniform
Building Code, City Grading Ordinance, approved grading plan and geotech-
nical report, and accepted grading p
The grading plan shall contain a certificate signed by a registered civil
engineer that the grading plan has a minimum of 100 square feet of
solar access for each group of dwelling units.
o
A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work at first submittal of a grading
plan.
4. 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 sh ll be subject to review and approval by the
Planning Services and Pub ic Services Department and shall be completed
prior to recordation of he final subdivision map or issuance of building
permit, whichever comes f rst.
A pr -blast survey of surrounding property shall be conducted to the saris-
fact on of the City Engineer prior to any rock blasting. Seismic recordings
shal be taken for all blasting and blasting shall occur only at locations
and evels approved by the City Engineer.
I. STREETS AND SIDEWALKS
All C
Element roaU
Services.
Element roads shall be dedicated and improved to C'
and to the specifications of the Director of Public
2. 4.5 feet in width shall be required on one side of Pomerado Road
(west side).
3. Street striping and signing shall be installed to the satisfaction of the
Director of Public
4. All street
Director of Public
sections shall be submitted to, and approved by the
o
treet improvement plans prepared on standard size sheets by a Registered
ivil Engineer shall be submitted for approval by the Director of Public
ervices. Plan check and inspection expenses shall be paid by the deve-
oper.
No. P-88-10 7
Page 10
6. Street improvements that include, but are not limited to:
) a. e. -ross gutter
) b. f. lley gutter
) c. heel chair ramps X g. treet paving
----d. urb and gutter h. lley paving
shall be ~ prior to the occupancy of the units to the satisfaction
of the Director of Public Services. However, improvement plans shall be
approved and posted with the City's Public Services Department
prior to building permit '
All damaged off-site public works facilities, including parkway trees, shall
be repaired or replaced prior to of bonds and ' to
the satisfaction of the Department of Public Services.
Prior to any work being performed in the public right-of-way, a publ!c works
permit shall be obtained from the Public Services office and
fees paid, in addition to any other permits required.
The developer shall pay the Traffic Mitigation Fee a the established rate
at the date the final inspection or the date the cer ificate of occupancy is
issued, occurs later; but a security depos t must be posted with
the City's Public Services Department prior to build ng permit '
DRAINAGE AND FLOOD CONTROL
I drains will be required at locations specified by the Director
of Public Services and in with standard engineering
A drainage sy rem capable of handling and disposing of all sur ace water
originatin w thin the ' ' and all surface waters tha may flow
onto the ' ' from ad acent lands, shall be required, aid drainage
system sha 1 nclude any and as required y the
Director o Public Services o properly handle the drainage.
Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
The Master P an of Drainage Fee shall be paid at the established rate in
accordance w th the Drainage Ordinance at the date of final inspection or
at the date he certificate of occupancy is issued, occurs later;
but a securi deposit must be posted with the City's Public Services
Department prior to building permit '
5. C ~ flows across driveways and/or sidewalks shall not be p
No. P-88-107
Page 11
o
UTILITIES
All proposed utilities within the project shall be installed underground
including existing utilities along Circulation Element roads and/or high-
ways less than 34.5 KV.
Utility easements shall be provided to the specification of the serving uti-
lity companies and the Director of Public Services.
The developer shall be responsible for the
existing public utilities, as required.
and undergrounding of
Water, sewer, and fire p. systems plans shall be designed and
constructed to meet rec of the City of Poway and the Health
of the County of San Diego.
Prior to acceptance of property for sewer service,
improvement area shall occur.
to the sewer
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 deter-
mined by the cost of the analysis and shall be paid upon demand by the City.
The app icant shall, within 30 days after approval of the con-
ditiona use permit and or development revi w, a ply for a Letter of
Availab lity {LOA) to reserve sewerage avai abil ty and post with the City,
a nonre undable fee equal to 20 of he appropriate sewerage
fee in effect at the time the LO is ssued.
Developer shall construct a light system conforming to City of Poway
Standards at no cost to the public, subject to the following:
Cut-off shall be installed which will provide true 90 degree
cutoff and prevent p of light above the horizontal from the
lowest point of the lamp or light emitting refractor or device.
bo
All fixtures shall use a clear, low pressure sodium vapor light
source.
Advance energy charges and District engineering charges shall be paid
by the developer.
do
to the lighting district shall be accomplished and evidence
of shall be accomplished at the time of final inspection or
certificate of occupancy, whichever occurs first.
No. Pt)8-107
Page 12
Cable television services shall be provided and installed underground. The
developer shall notify the Cable company when trenching for utilities is to
be
L. GENERAL REQUIREMENTS AND APPROVALS
The use permit and development review appro?l
November 1, 1989, unless an application for time
days prior to expiration.
shall expire on
is received 60
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 1st day of November, 1988.
ATTEST:
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Marjorie K. City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. P-88-107 , was
duly adopted by the City Council at a meeting of said City Counci n the
1st day of November , 1988, and that it was so adopted by the following
vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
R/R-ii-1.10-21
BRANNON, HIGGINSON, KRUSE, TARZY, EMERY
City o~way