Res P-90-06RESOLUTION NO, P-90-06
A RESOL TION F CIT COUNCIL
OF THE ITY p. v, C IFORNIA
APPROVIN DEV OP RE EW 89-31
ND V IA 89-
ASSESSOR' PAR L BER 5-780-04
WHEREAS, Development Review 89-31 and Vartance 89-19 submltte by
Dominy-Cec11 Associates, applicant, and Cirrus Development Gr up nc, Owner,
requests approval for construction of a 53,000 s uare foot me Ica offlce
building observing a 13 foot side yard setback w ere a 25 foo se back from
residentially zoned property is required on a 3. 6 acre site oca ed at 12750
Gateway Park Drtve, in the CO (Commerclal Offtce zone; and
WHEREAS, on January 16, 1990, the City Council held a duly
hearing to solicit comments from the public, both pro and con,
application.
public
relative to this
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Envtronment~
The City Council finds that this project will not have significant adverse
impact on the environment and hereby issues a Negative Declaration.
Sectior.
Variance 89-19
That there are special ci applicable t the property, (size,
shape, topography, location, or surroundings) or he intended use of
the property, and because of this, the strict app ication of the Zoning
Development Ordinance deprives the property of pr vileges enjoyed by
other properties in the vicinity under identical zoning cl
Th special clr umstances include the 18 - 20 foot grade separation
be ween the sub ect site and the adjacent reside tially zoned pro erty
an also the ty e of use and site plan configura ion on the adjac nt
lo . The 25 fo t setback in question is intende to provide an a e-
quate buffer be een residential and commercial and uses. In th s
case, the grade ifferential and existing parking lot will provide an
adequate separat on between the two uses. In addition, although the
adjacent zoning s residential, the land use is actually or
semi-public in nature as the property is developed with a congregate
care facility. The strict application of the code would deny this
owner the right to develop in a manner similar to other CO zoned lots
in the vicinity.
Resolution No. P-90-06
Page 2
That granting the variance or its modification is necess ry for the
and enjoyment of a property rig t by
ther prop rty in the same vicinity and one and denied o the property
or which he variance is sought, in tha the variance w ll allow the
ot to be in a manner similar adjacent CO zoned property
and there s no asis to require a full foot side yard setback
because the adjo ning land use is not res dential and the additional
setback {over an above the ten feet requ red by the CO zone) would
serve no real purpose.
That granting th variance or its modification will not be materially
detrimental to t e public health, safety, or welfare, or injurious to
the prope ty or mprovements in such vicinity and zone in which the
property s loca ed because the existing grade separation between the
two lots s an a equate buffer between the two uses and the medical
office an congregate care uses are compatible.
The granting of this variance does not constitute a spec al privilege
inconsistent with the limitations upon other properties n the vicinity
and zone in which such property is situated, because of he unique cir-
cumstances which exist on the lot and because adjacent C zoned pro-
perty has been developed in a similar manner.
The grantt g of this variance does not allow a use or activity which is
not otherw se expressly authorized by the Zoning Development regulation
governing he parcel of property, in that the proposed medical office
developmen is a permitted use in the CO zone.
That granting the variance or its modification will not be incompatible
with the City of Poway General Plan due to the minor nature of the 12
foot encroachment.
Review 89-31
That the proposed development is in conformance with the Poway General
Plan, in that the General Plan designates the site for commercial
office development and the proposed project is a medical office
building.
That the pro osed development wi 1 not have an a verse a
health, safe y, or architectural y related impac upon a
perties, in hat the proposed bu ldings are arch tectura
with surroun lng commercial deve opments, and wi 1 be bu
adjacent res dential dlevelopmen .
thetic,
oining pro-
y compatible
ered from
That the proposed development is in compliance with the Zoning
Ordinance, in that all development standards will be met through proj-
ect construction.
No. P- 90-06
Page 3
am
That the proposed development encourages the order1 and harmonious
appearance of structures and property wlthln the Ci y, in that the pro-
posed buildings w111 Incorporate architectural deta ls, materials, and
colors that w111 be complementary to Poway's charac er and to
surrounding development.
Sectio~ :
The City Counctl hereby approves Development Review 89-31 and Variance 89-19
subject to the following conditions:
Within 30 days of approval: (1) The applicant shall
that all of approval have been read and
the property owner shall execute a Covenant on Real
submit in writing
and (2)
Property.
e
Pursuant to Government Code 53080, a school fee of $.26 per square foot
for development will be required.
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A decorative masonry wall and a five foot wi e raised planter shall be
provided between the project nd residential y zoned property to the
north as required by Municipa Cod Section 7.10.150. The wall shall
have a minimum height of eigh fee except w ere the applicant can
demonstrate that adjacent res dent ally zoned property is four feet
higher than the subject lot, n wh ch case the wall may be reduced to
six feet in height.
The location and design of the wall shall be subject to approval by the
Planning Services Department.
The location of the proposed carports shall be changed to observe the
required 25 foot setback for adjacent residentially zoned property.
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The lease space area within the building shall be limited to 47,360
square feet. Future tenant improvements which cause office space to
encroach into the hallways and lobby areas shown on the approved plans
shall be prohibited.
APPLICANT SHALL CONTACT THE DEPARTNENT OF PLANNING SERVICES REGARDING CONPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the 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.
Resolution No. P-90-06
Page 4
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
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Trash receptacle shall be enclosed by a six foot high decorative masonry or
stucco wall with view-obstructing gates pursuant to City standards.
Location and design shall be subject to approval by the Planning Services
Department.
Pri r to delivery of combustible building materials 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, permanent access for emergency
veh cles. The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction
of the City.
For a new commercial or industrial development, or addition to n existing
development, the ap llcant shall pay development fees at the es ablished
rate. Such fees ma include, but not be limited to: Permit an Plan
Checking Fees, Ware and Sewer Service Fees. These fees shall e paid prior
to building permit
Butlding iden tftcation and/or addresses shall be placed on all new and
existing bull ings so as to be plainly visible from the street or access
road; color o identification and/or addresses shall contrast with their
background co or.
PARKING AND VEHICUI~AR ACCESS
11 parking lot landscaping shall consist of minimum of one 15 gallon size
ree for every three parking spaces. For par lng lot islands, a minimum 12
rich wide walk adjacent to parking stalls sha 1 be provided and be separated
rom vehicular areas by a six inch high, six nch wide portland concrete
cement curbing.
Parking lot lights shall be low pressure sodium and have a maximum height of
18 feet from the finished grade of the parking surface and be directed away
from all property lines, adjacent streets and residences.
All two-way traffic a sles shall be a minimum of 25 feet wide and emergency
access shall be provi ed, maintained free and clear, a minimum of 24 feet
wide at all times dur ng construction in accordance with Safety Services
Department requlremen s.
4. All parking spaces shall be double striped.
Resolution No. P-90-06
Page 5
LANDSCAPING
A detailed landscape and irrigation plan shall be submitted to and approved
by the Planning Services Department prior to the issuance of building per-
mits.
SIGNS
Any signs proposed for this development shall be designed and approved in
with the Sign Ordinance.
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING CONPLIANCE 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 geotech-
nical report, and accepted grading p
A soils report shall be prepared by a qualified engineer licensed by the
State of C to perform such work at first of a grading
plan.
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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 issuance of building permit.
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A pr -blast survey of surrounding property shall be conducted to the satis-
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
and evels approved by the City Engineer.
STREETS AND SIDEWALKS
Remove and replace broken concrete curb, gutter, and sidewalk along the proj-
ect's frontage on Gateway Park Drive. Replacement shall be per City of
Poway
2. Street improvements that include, but are not limited to:
a. idewalks __e. oss gutter
b. f. ley gutter
__c. heel chair ramps __g. feet paving
d. urb and gutter h. ley paving
shall be constructed prior to any occupancy of the building to the satisfac-
tion of the Director of Public Services.
No. P- 90-06
Page 6
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All damaged off-site public works facilities, including parkway trees, shall
be repaired or replaced prior to exoneration of bonds and to
the of the Department of Public Services.
Prior to any work being performed in the public right-of-way, a right-of-way
permit shall be obtained from the Public Services office and appropriate
fees paid, in addition to any other permits required.
5. The developer shall pay the Traffic Mitigation Fee at the established rate
at the date prior to building permit issuance.
DRAINAGE AND FLOOD CONTROL
Intersection drains wilt 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 disposin of all urface water
originating within the pr perty, and all surface w ters tha may flow onto
the property from adJacen lands, shall be require . Said rainage system
shall include any easemen s and structures as requ red by t e Director of
Public Services to proper y handle the drainage.
3. Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
4. The Master Plan of Drainage Fee shall be paid at the rate in
accordance with the Drainage Ordinance prior to building permit issuance.
5. Concentrated flows across driveways and/or sidewalks shall not be p
UTILITIES
All proposed utilities within the project shall be installed underground
including existing utilities less than 34.5 KV. along Circulation Element
roads and/or highways
2. Utility easements shall be provided to the specification of the serving uti-
lity companies and the Director of Public Services.
3. 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.
Resolution No. P- 90-06
Page 7
A looped water system hall be constructed north-south throug the west side
of parcel from north s de on- ire main to Gateway Park Drive o provide
needed on-site fire hy rant(s , fire sprinkler service and wa er meter ser-
vice. If sewer extens on on- ite is to be eight inches as in icated at
Gateway Park Drive, it shall e a main extension with main ho e.
6. 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 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 appl cant shall, within 30 days after receivin approval of the develop-
ment rev ew, apply for a Letter of Availability {L A) to reserve sewerage
availabi ity and post with the City, a ) e fee equal
to 20% o the appropriate sewerage connection fee n effect at the time the
LOA is issued.
All new public utility lines, i.e., water, sewer, and drainage shall have an
easement, a minimum of 20 feet wide for each line, dedicated to the City
prior to issuance of a certificate of occupancy.
APPLICANT SHALL CONTACT THE DEPARTNENT OF SAFETY SERVICES REGARDING CONPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Elevators shall be sized to accor~modate emergency personnel and ambulance
gurney.
2. Two new fire hydrants to be installed, one at the driveway entrance on
Gateway Park Drive and one in the northwest corner of the project.
Building address with a minimum of six inches shall be displayed on the
street facing side of the building and roof numbers meeting department of
Safety Services standards.
4. A knox security box to be placed on the building prior to occupancy - Model
4400 with tamper switch.
An automatic fire sprinkler system shall be installed in the building. Post
indicator valve and Fire Department connection to be located by the City
Fire Marshal. The post indicator valve shall have a tamper switch and knox
lock installed. The entire system shall be monitored by an approved central
monitoring agency.
Designated fire lanes shall be provided and approved by the Fire Marshal.
Appropriate markings and signs, as specified by the Department of Safety
Services are required.
Resolution No. P-90-06
Page 8
7. Material Safety Data Sheets (MSDS) shall be provided by each occupant, for
any hazardous materials and/or toxic substances used in the
8. Installation of any nitrous oxide systems shall meet current Uniform Fire
Code requirements.
:EMENTS AND APPROVALS
The development review and variance approval shall expire on January 16,
lggl. An applicati n for time must be received go days prior to
expiration in accor ance with the City's Ordinance. If Ordinance No. 311 is
adopted on January , lggo and becomes effective on February 8, lggo, the
approvals shall exp re in two years.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 16th day of January, lggO.
Don Hlggtnso -'
ATTEST:
Resolution No. P-90-06
Page g
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Mar orie [. Wahlsten, City Clerk of the City of oway, do hereby certify,
under the enalty of perjury, that the foregoing Resolu ion, No. P-90-06 , was
duly adopt d by the City Council at a meeting of said Cty Council held on the
16th day o . lggO, and that it was so adop ed by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NONE
NONE
NONE
R/R-l-16.5-13
City of i~ay