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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