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Res P-03-30 RESOLUTION NO. P-03-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING DEVELOPMENT REVIEW 02-18 FOR THE EXPANSION AND REMODEL OF POWAY CITY CENTRE ASSESSOR'S PARCEL NUMBER 317-130-47 WHEREAS, DR 02-18, submitted by Travis Investment Group, Applicant, requests the approval of a Development Review application to remodel and add approximately 19,457-square-feet to the existing 109,212-square-foot center located at 13630-44 Poway Road on the northeast corner of Poway and Midland Roads. The property is located within the Automotive/General C (AGC) zone and the Poway Road Specific Plan Area; and WHEREAS, on June 10, 2003, the City Council held a duly advertised public hearing to solicit from the public, both pro and con, relative to this application; and NOW, THEREFORE, the City Council does hereby follows: Section 1: ']:he City Council has considered the Envi nmental Initial Study (ELS), Mitigated Negative Declaration (MND), and associated M igation Monitoring Program shown as Exhibit ^ of this Resolution for Development Revie 02-18. The subject ElS and MND d 'Iion are fully incorporated herein by th' The City Council finds, on the basis of the whole record before it, that th stantial evidence the project will have a significant impact on ti: t, that the m :1 in the ElS and Exhibit ^ hereof will mitigate potentially sign cant impacts to a less than significant level, and that the MND reflects the independent Judgment and analysis of the City. The City Council hereby approves the MND and th -I Mitigation Monitoring Program attached to this Resolution as Exhibit A. Section 2: The finding ~ance with Section 17.52 of the Poway Municipal Code, for DR 02-18 are made as follows: The proposed project is an addition to an existing development. Existing landscaping along Poway Road and Midland Road will be replaced and enhanced. The existing 6- to 8-foot-high masonry wall along the northern property line will buffer the use from the residential neighborhood to the north. Therefore, the project respects the interdependence of land values and aesthetics to the benefit of the City. The proposed modifications to the existing building and proposed new additions are in character with existing development in the area. The design of proposed structures compliments the existing surrounding development. Therefore, the proposed use does not conflict with the orderly and h appearance of :1 property within the City along with associated facilities, such as, but not limited to signs, landscaping, parking areas and streets. Resolution No. P-03-30 Page 2 Public facilities, services and utilities are available to service the proposed expansion of the existing center. The proposed renovation and expansion of the existing center would demolish the northerly approximately 50 feet of the existing easterly building, thereby creating a court yard for patrons and employees. The proposed design is consistent with the barn-like architectural style called for this area of the Poway Road Specific Plan. The architecture would compliment existing centers in the area. Future imp to the neighboring property located on the northeast corner of Poway Road and Midland Road this corner building would require incorporation of architectural design and building : with the Poway Road Specific Plan that would compliment the proposed ex[; :1 remodel of the surrounding center. Existing landscaping along Poway Road and Midland Road and within the parking lot will be enhanced to soften the appearance of the buildings when viewed from the right of way. The proposed development respects the publ for the aesthetics of developments. The proposed project will meet the required design regulations and will otherwise comply with all of the relevant codes and standards of the City of Poway in that the design of the proposed design would compliment existing buildings in the area and would b I with the Poway Road Specific Plan in that the primary exterior building material would consist of natural . -I wood and 'th- tone. Otb :1 Id be limited to providing accent. Therefore, the proposal does not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general The proposed project will comply with all of the p and the General Plan. the Zoning Ordinance Section 3: The findings, in accordance with G public imp made as follows: Code Section 66020 for the The design and improvements of the proposed development I with all elements of the Poway General Plan, as well as City ordinances, because all necessary :1 facilities will be available to serve the project. The provision of public improvements and payment of development 1' 'led as a result of the proposed development to protect the public health, safety and welfare as identified below: If a new water meter is installed, water fees shall be paid and onsite imp :ructed to provide water to the development; and Access to the site will be provided in accordance with City Standards and to ensure adequate emergency access. Additional street and driveway improvements will be constructed as determined necessary by the traffic impact analysis required as mitigation for this project. Resolution No. P-03-30 Page 3 3. A new fire hydrant will be provided to th :the Fire Marshal. Section 4: The City Council hereby approves DR 02-18 to allow the remodeling and addition of approximately 19,457-square-feet to the existing 109,212-square-foot center located at 13630-44 Poway Road on the northeast corner of Poway and Midland Roads. As shown on the elevation and site plans on file with the Planning Division date stamped May 7, 2003, and May 27, 2003, respectively, the remodel and exl: :a new 3,600-square-foot detached restaurant building along Poway Road near the southwest corner of the project site and a 13,870-square-foot retail/restaurant building along Midland Road. The existing easterly building will be modified by demolishing the northerly 50 feet (1,623 square feet) of the building and adding approximately 3,600 square feet to the southerly portion of the building. The main building would be modified to :late 3 major tenants and create a row of smaller tenant spaces facing Midland Road. The approval of DR 02-18 is subject to the following conditions: Approval of this DR request shall apply only to the subject project and shall not pliance with all :the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. Within 30 days of the date of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood. The conditions of DR 02-18 shall remain in effect for the life of the subject project and shall run with the land and be binding upon ful heirs, and I :the current property owner. The applicant shall obtain a Demolition Permit prior to demolishing the northerly portion of the existing easterly building. The applicant shall obtain a Tree Removal Permit prior t ' 3 any trees with a diameter greater than 3 inches. The I shall be mitigated in accordance with the City's Urban Forestry Ordinance. Prior to the ' : a Building Permit for any new construction increasing the square footage of the shopping center, the applicant shall: Prepare a traffic impact analysis (TIS) to assess the potential impact from the proposed expansion under existing and future conditions. The applicant shall deposit with the City sufficient funds to cover th : a p ~ traffic engineering firm to prepare the TIS. The study area will be determined using a SANDAG select zone analysis of the project zone. However, at a ' ' the study area will encompass Poway Road Between Gate Drive and Bowron Road, Midland Road between Poway Road and Hilleary Place, and Community Road between Hilleary Place and Civic Resolution No. P-03-30 Page 4 Center Drive. The applicant shall complete imp 'led by the TIS to the sal " : the Director of Development Services. Sign and execute a reciprocal I with the adjoining western neighboring property located at 13616 Poway Road. Th shall be located across the shared north-south oriented property line. A processing fee of $1,000.00 shall be paid to the City at first submittal for review and approval of the legal description and plat of the easement dedication. The reciprocal access easement shall become effective upon ~a Building Permit 1' ~abilitation of the property located at 13616 Poway Road and when the neighboring property g ' 3rocal : back to the Poway City Centre property. For the purpose of this condition of approval, a "major rehabilitation" is defined as making City- approved imp that increase the building value by more than 50 percent as determined by the Director of Development Services or as otherwise approved by the Director. In the event that the owner of 13616 Poway Road g ' 3rocal I pursuant to this condition, the location of Building E as shown on the site plan may be modified to the sat ~ :the Director of Development Services. Submit a revised parking/site plan that parking spaces that impede fire safety access as determined by the Directors of Safety Services and Development $ :ling, but not limited to, the space located at the northeast corner. The revised parking plan shall include the location of the new required fire hydrant. Tire stops shall be provided to prevent damage to landscape areas, walls, and light stands. The site plan dated May 27, 2003 shows 486 parking spaces. In accordance with the off-street parking standards of the Poway Zoning Code, the allowable size of the will be limited relative to the number of parking si: ' ' ;] following the allocation of parking spaces for general uses within the center. Submit a grading plan along with a Grading Permit appl Irol plan, pollution prevention plan and geotechnical report/s, for review and approval to the City's Development Services Department prior to th ;a Building Permit. Compliance with the following conditions is required prior to Grading Permit' :her timing is indicated: A grading plan shall be prepared on a City of Poway standard 3mm, 24" X 36" mylar at a scale of 1 "=20' or larger and submitted along with a Grading Permit application and applicable fees to the Engineering Division f :l approval. A grading plan submittal checklist is available at the Engineering Division front counter. b. The grading plan shall show all the property. h= Resolution No. P-03-30 Page 5 The applicant shall pay all applicable engineering, Grading Permit, geotechnical review, plan checking, permit, and inspection fees. The Grading Permit fee shall be paid at first submittal of grading plans. The applicant shall post grading securities in the form of a performance bond and cash deposit, or a letter of credit shall be posted with the City prior to grading plan approval to the satisfaction of the City Engineer. To insure compliance with the Clean Water Act, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses th ~ ~ into the storm drain system. The SWPPP shall include, but not be limited to, providing th ~ :1 pollution control to be used during The applicant shall certify the SWPPP prior to approval of the grading and improvement plans. The SWPPP may be incorporated with th :roi plan, but shall be under sel: from the grading and improvement plans. E Irol, including but not limited to desiltation basins, shall be installed and maintained from October 15th to April 15th. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The applicant/developer shall make provisions to insure proper maintenance of all erosion control devices. A drainage system capable of handling and disposing of all surface water originating within the development and all surface water that may flow onto the development from adjacent lands shall be constructed. Paving and/or repaving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. Grading of the project shall be in substantial with the approved development plan with modificat' :litioned herein, and in accordance with the Uniform Building Code, City Grading Ord' -1 City Storm Water Management and Discharge Control Ordinance. All new driveway approaches to the development shall be with alley- type curb returns. The plans shall show each of the existing main driveways off of Midland Road and Poway Road to be replaced with decorative paving Resolution No. P-03-30 Page 6 or w/decorative accent to the Development Services. of the Director of The plans shall sh kways and the courtyard between the two existing buildings to be installed with decorative paving or include decorative accent to the satisfaction of the Director of Development Services. A Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in public street rights-of-way or City-held n. City approval of soils report and grading plans. The applicant/developer shall pay the following fees and grading securities: Grading Permit, plan checking, inspection, Right-of-Way Permit, and geotechnical review fees. The Grading Permit fee shall be paid at first submittal of grading plans. ii. Posting and/or payment of grading securities. Prior 1' ..3 grading or construction of public imp the applicant shall submit a request for and hold a pre-construction meeting with a City Engineering inspector. The applicant/developer shall be responsible that necessary individuals, such as but not limited to, contractors, subcontractors, project civil engineer and project soils eng' : attend the pre-construction meeting. 1. Record drawings for the grading plans shall be Submitted prior 1 grading security. Prior to of public imp (i.e., a fire hydrant and street and driveway imp as required by the Traffic Impact Analysis), the applicant shall complete the following: Submit an improvement plan to the Engineering Division for review and approval for onsite public water system. Onsite potable water lines shall be ~ for fire hydrant installation as required by the City Fire Marshal. The size and location of the water lines shall be as established by a water system analysis prepared by an engineering firm designated and approved by the City. The applicant/developer shall pay to the City the cost of preparing the analysis prior to submittal of improvement plans. The improvement plan shall also add :and driveway imp as deemed necessary by the Director of Development Services. Resolution No. P-03-30 Page 7 Imp shall be :1 in accordance with City adopted standards and specifications, the latest adopted edition of the Standard Specifications for Public Works Construction and its corresponding San Diego supplements, and the current San Diego Regional Standard Drawings. All new and existing electrical/ :ion/CATV utilities, if any, shall be installed underground prior to installation of concrete curbs, gutters, sidewalks, and surfacing of the streets. The applicant/developer is responsible for complying with the requirements of this condition, and shall make th 'y arrangements with each of the serving utilities. The locations and sizes of all utility boxes and vaults within street rights-of- way and the City's general utility easement shall be shown on the improvement plans. Any new utility box in excess of 36 inches in height, length, or width shall be located out of the right-of-way and screened by landscaping to the sal : the Director of Development Services. The applicant/developer shall pay the following fees and post or pay approp :ies: a. Improvement plan checking and inspection fees. Performance and payment securities. These securities may be waived by the City Engineer if substantial amount of grading is completed prior to installation of public imp and there is sufficient amount of grading securities still held by the City to complete the remainder of the grading works and public improvements. c. Right-of-way and/or Encroachment Permits. Submit a request for and hold a pre-construction meeting with a City Engineering inspector. The applicant/developer shall be responsible that necessary individuals, such as but not limited to, con1 ~ project civil engineer and project soils engineer must attend the pre- meeting. The applicant/developer shall dedicate to the City l, ' ' of 20.00 feet wide for each new public water line that is located outside of existing water easement or public street right-of-way. A processing fee of $1,000.00 shall be paid to the City at first submittal 1' :1 approval of the legal description and plat of th l dedication. Recordation ofthe the office of the San Diego County Recorder may be deferred, with the approval of the City Engineer, prior to issuance of building occupancy. Resolution No. P-03-30 Page 8 No private improvements shall be placed :1 within public street rights-of-way or City easemenl y one of the following is satisfied: An Encroachment Permit has been issued by the City for the improvements; or A lment removal agreement has b ~ by the develoF ,' :1 subsequently approved by the City; or Approval of grading or improvement plans, on which a Right-of- Way Permit has been issued for the private improvements shown to be constructed. The City reserves the right to choose any or all of the above, under certain ~en City d 'y. The applicant shall obtain a Building Permit prior I Prior 1 of a Building Permit, the applicant shall comply with the following: The applicant shall comply with the latest adopted Uniform Building Code, and all other applicable codes and ord' ' ' ~ect at the time of Building Permit issuance. The building plans shall b Jance with the approved plans on file in the Development Services Department DR 02-18, along with the conditions contained herein. The building plans shall show all easements on the property. Submit elevations for all sides of all existing and proposed buildings for review and approval by the Director of Development Services. The elevations shall I: ' l with the design shown on the elevations on file date stamped May 7, 2003 and shall reflect the use proposed within the building. The steeple on Building E shall be lowered to the sal ~ :the Director of Development S J shall be modified to include a weathervane. The elevations for the permit shall replace the fluted block with siding under the overhang of the major tenant B to the satisfaction of the Director of Development Services. = The building plans shall include elevations and lowing that all new and existing roof appurtenances, including air conditioners, are architecturally integrated, screened from vieWr, and sound buffered from adjacent properties and streets to the of the Director of Development Services. Modifications to the rear elevation of the existing 10. 11. 12. Resolution No. P-03-30 Page 9 buildings to provide the required screening shall be complimentary to the front facade, to the sal : the Director of Development Services. Windows on the west side of Buildings B and D shall be provided to the satisfaction of the Director of Development Services. A revised elevation cleady showing the bus shelter and the proposed Buildings B and D shall be submitted 1' ~1 approval of the Director of Development Services. Any modifications to the bus stop structure along Midland Road shall be approved and coordinated with the Community Services Department. All existing walls not to be refurbished with siding shall be painted to match or compliment the new siding to the sa1 ! the Director of Development Services. A materials and color board shall be submitted 1' Director of Development Services. approval by the A minimum of two trash to City-specifications shall be located adjacent to Buildings A and C. A detail of trash 3all be included on the landscape and Building Permit plans. The location and design of the trash shall be to the satisfaction of the Director of Development Services. Details of any new exterior lighting shall be included on the building plans, including fixture type and design and shall comply with the following: All outdoor lighting shall be shielded or directed so that no light spillage shall encroach into adjoining residential properties or onto Poway Road. After 11:00 p.m., all lighting shall be Iow-pressure sodium with the overall wattage kept t ' ' :to the residential neighbors. Automatic timers shall be installed to insure compliance with the dark sky/Iow p :lium requirement. The height of freestanding light posts shall not exceed 18 feet. All exterior lighting shall be scheduled so that light rays emitted by the fixture are projected below the imaginary horizontal plan passing through the lowest point of the f 1 a manner that the light is directed away from ', :~ adjoining properties. lould be integrated with the architecture of the building. The intensity of light at the boundary of any single-family zone shall not exceed 75-lamberts f ~ reflected light. Prior to ' "a Building Permit for buildi~ig expansion or prior to any changes to the landscaping the applicant shall: Resolution No. P-03-30 Page 10 Submit a tree evaluation report prepared by a qualified landscape architect or arborist to the Planning Division 1' :J approval to d . 3ich existing trees can be saved on-site. The report shall evaluate the health of existing trees and the ability to transplant trees. The report shall also determine the effect of modifying the existing tree well shape and location. The plan shall call out a program for existing trees on site to return them to a healthy thriving state. Complete landscape construction documents consistent with the preliminary landscape plans date stamped May 27, 2003, on file with the Planning Division shall be submitted to and approved by the Planning Division. The landscape plans shall also incorporate :lations of the City-approved 1 ~ort required above. Landscape plan check1' quired upon submittal of the plans. Plans shall be prepared in accordance with the City of Poway Guide to Landscape Req (latest edition). The landscape plans shall be modified to address the following to the sat ; the Director of Development Services: i. Replace dead and ailing trees and shrubs located :1 within the adjacent public right-of-way. ii. Supplement street trees and shrubs along Midland Road as needed to comply with the City of Poway Guide to Landscape Requirements related to street trees and screening of parking lots. iii. Substitute the proposed Japanese Maple, Tulip Tree, and European Birch with a tree species that is better suited to the local conditions. No tree shall be less than 15-gallon in size. The minimum size ratio of trees to be planted shall be in accordance with the City of Poway Guide to Landscape Req ' iv. Add at-grade and/or raised landscape planters within the new area between Building A and the Major Building. Install raised planters and/or planter boxes in front of Buildings ^, B, C, D, and E as well as along the west and east side of the Major Tenant Building. vi. Plant a tree at every 3 new parking spaces. Install tree grates around trees in front of Buildings A, B, C, D, and E as well as along the west and east side of the Major Tenant Building as necessary to protect tree roots from foot traffic. Resolution No. P-03-30 Page 11 vii. Replace existing tree wells in center parking lot with new diamond well ~ min. 6 X 6 feet. Shift location of tree wells to be centrally located at the ' of 4 parking spaces. The shift shall not result in any net loss of tree wells. viii. Dying and ailing trees shall be replaced as determined necessary based on the evaluation report of the existing trees. ix. Enhance landscaping along Midland and Poway Roads including supplementing street trees. x. Provid ' ~ of new utility boxes that are greater than 36 inches in height, width or depth. 13. Submittal to the City of a storm water pollution prevention plan (SWPPP), acceptable to the City Engineer. The SWPPP shall provide the erosion, sedimentation and pollution control to be used during construction. 14. Rough grading of the lot is to be completed and meet the approval of the City Engineering Inspector and shall include submittal of the following: a. A final soil compaction report 1' '~ approval by the City. b. City approval of a certification of line and grade. The certification shall be prepared by the project's civil engineer or City-approved designee. c. City approval of soils compaction report. 15. A Right-of-Way Permit shall be obtained from the Engineering Division of the City's Development Services Department prior to performing any work within public street right-of-way or any City held easement. 16. The proposed project shall be designed to comply with handicapped accessibly requirements to the satisfaction of the Building Services Coordinator, including, but not limited to: a. The location of the handicapped parking shall provide access from each handicapped parking space to the building without having to cross behind other parking spaces. b. New and remodeled entrances shall be handicapped accessible. c. Bathroom shall be handicapped accessible. 17. The following development fees shall be paid to the Engineering Division. The following f t is currently in effect and is subject to change. The Resolution No. P-03-30 Page 12 applicant shall pay the amount in effect at the time of Building Permit issuance. Water base capacity* 1" meter 1 ¼" meter Otb Water meter* 1" meter 1 ¼" meter Otb = $6,678.00 each meter = $10,388.00 each meter please contact Engineering Division = $ 270.00 each meter = $ 600.00 each meter pi :Engineering SDCWA capacity charge* 1" meter = $3,206.00 1W' meter = $6,012.00 Otb pi '. ;t Engineering Division To be paid by separate check, payable to San Diego County Water Authority but remitted through the City of Poway. Only applicable if new war ' to be installed. $ lion fee = $25,209.20 * Breakdown of fee is as follows: Major A Building Major B Building 'Major C Building Building A Building B Building C Building D Building E = None = None = None = None = 8 fixtures, 3,600 SF = 2 EDU x $2356 = $4,712.00 = 6 fixtures, 3,600 SF = 1.8 EDU x $2356 = $4,240.80 = 6 fixtures, 10,270 SF= 5.1 EDU x $2356=$12,015.60 = 6 fixtures, 3,600 SF = 1.8 EDU x $2356 = $4,240.80 * Based on fixt :1 b :1 square footages submitted by the applicant's architect on May 21, 2003. l fee : None, unless new lateral to public is made, of which a fee of $75.00 each cleanout shall be paid $ to publ' be paid inspection fee = None, lateral is made, of which a fee of $25.00 each cleanout shall Resolution No. P-03-30 Page 13 Traffic Mitigation fee = $28,578.00' Breakdown of traffic mitigation fee is as follows: M Bui ding A Building B Building C Building D Building E or A Building = None or B Building = None or C Building = None = None = (3,600 SF/1000) x 60} x $16.50 = $ ,564.00 = (3,600 SF/1000) x 125} x $16.50 = 7,425.00 = (10,270 SF/1000) x 60} x $16.50 = 10,164.00 = (3,600 SF/1000) x 125} x $16.50 = 7,425.00 * Based on business square footages and uses submitted by the applicant's architect on May 21, 2003. Drainage fee = None Park fee = None The applicant shall construct the following imp Director of Safety Services: to the sal ~ the Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and City of Poway Ordinance No. 64. The building shall display th :ldress ' 31e from the access street. The building numbers shall be six inches in height and located on the front facade of the building. Building address shall also be displayed on the roof in a lisfactory to the Director of Safety Services, and meeting Sheriff's Dept.-ASTREA criteria. Every building hereafl :1 shall be accessible to Fire Department apparatus by way of :lways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. The applicant will be required to install an approved fire sprinkler system meeting P.M.C. requirements. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, :1, are to be located by the City Fire Marshal prior to installation. All buildings, except Building E are to be sprinklered. K= Resolution No. P-03-30 Page 14 A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area. Plans to be submitted and approved, prior to installation. A 'Knox' Security Key Box shall be required for the building at a location determined bythe City Fire Marshal. A breakaway padlock shall be required for the fire sprinkler system Post Indicator Valve. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and :1 at all times until construction is completed. Permanent :lways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. = Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and 75' travel distance. 10. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 11. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. 12. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36 inches of from the standpipe or attached additional ' 31e by a 3'-0" man door. 13. A water system analysis will be required to establish available fire flow required for new fire hydrant and for the fire sprinkler system 1' Building B/D. Prior to obtaining a final inspection on the Building Permits and/or release of perf -t payment securities, the applicant shall comply with the following unless other timing is indicated: The site shall be developed in accordance with the approved plan on file in the Development Services Department and the condir '1 herein. ^ final inspection from the appropriate City Departments will be required. 11. 12. Resolution No. P-03-30 Page 15 Completion of public imf City approval of the grading and improvement plan record drawings. Dedication of to the City for new public water line, if there is a line installed outside of existing war l or public street right-of-way. Posting of a warranty security (to be held by the City for one year from date of acceptance of the improvements). Grading securities shall be released only upon completion of the project and upon City approval of the record drawings of the grading plans. Ped' ~,ies for public imp I posted and separate from the grading securities, shall only be reduced twice before completion of improvements. Payment securities and remaining performance securities, if any, shall be released than 90 days after City's acceptance of imp posting of warranty security, and approval of record drawings. Hazardous materials kept on the site shall be stored and/or removed in accordance with County E Health req The property owner shall submit a written agreement specifying their responsibility and procedure for retrieving shopping carts that have been removed from the site. Said agreement shall be to the satisfaction of the Director of Development Services. Prior to occupancy of any new buildings, landscaping shall be installed pursuant to the approved landscape plans and in accordance with the requirements of the City of Poway Guide to Landscape Re(l ' Prior to occupancy of any new buildings, each of the existing main driveways off of Midland Road and Poway Road shall be replaced with decorative paving or w/decorative accent to the satisfaction of the Director of Development Services. Upon occupancy, the applicant shall comply with the following conditions, unless other timing is indicated: All facilities and related equipment shall b damage from any cause shall be repaired as I ' ' : dan§ :1 in good repair. Any ~ly possible so blight. Resolution No. P-03-30 Page 16 Outdoor lighting shall be shielded so that no light spillage shall encroach into adjoining residential proper1' Poway Road and Midland Road. After 11:00 p.m., all lighting shall be Iow-p Jium with overall wattage kept ' ' :to the residential neighbors. Automatic timers shall be installed 1 ~)liance with the dark sky/Iow p 'lium light requirement. 3. Outd seating : permitted within the setback areas. No amplified sound shall be generated by the b this includes, but is not limited to, paging, public address systems, music systems, security sy ' .¢ other such device, which may § :lible to the surrounding residents. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the condit' :1 herein. Th site 1 3erator of the facility shall routinely and regularly inspect the 31iance with the standards set forth in this permit. All landscaping including areas within the adjacent public right-of-way shall be adequately irrigated and permanently and fully maintained by the owner at all t' Jance with the req =the City of Poway Guide to Landscape Requirements. All landscaped areas on-site and within the adjacent right-of-way shall be :1 in a healthy and thriving condition, free from weeds, trash and debris. The trees shall I: ;]ed and allowed I :ural form. Pruning should b ' :11 ' the health of the trees and to protect the public safety. Unnatural pruning, including topping, is not permitted. This Development Review approval does not approve signage. Any signs proposed for this development shall be designed and approved in lh the Poway Municipal Code and require the approval of a separate Sign Permit. Signs must be consistent with the approved Comprehensive Sign Program 80-16 for the center. In accordance with Poway Zoning Code Section 17.40.260.(3, any proposed l signs exceeding 8 feet in height will require City Council approval subject to findings that extraordinary : that warrant a higher profile sign. Section 5: The approval of DR 02-18 shall expire on June 10, 2005 at 5:00 p prior to that time, a Building Permit has been issued and on the property in the CUP approval h :1 prior to its expiration. Resolution No. P-03-30 Page 17 Section 6: P G Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on June 10, 2003. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 10th day of June 2003. Michael P. Cafa r ATTEST: L~ri n(~e P~eoples, Ci~ty Cl~k~' STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P-03-30 , was duly adopted by the City Council at a meeting of said City Council held on the 10th day of June 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE nne Peoples, City of Poway Resolution No. P-03-30 Page 18 EXHIBIT A MITIGATION MONITORING PROGRAM FOR DR 02-18 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting ' ,:1 program for the changes which it has adopted or made a condition of project approval in order to mitig ' :1 significant effects on th .. The reporting ;I program shall be designated 31iance during project implementation." This mitigation monitoring program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in ' : ~ desist order for all iies. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project construction, will be addressed 3y-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. plc T pot and Traffic g g pac y (TIS) shall be prepared to assess the potential impact from the proposed expansion under existing and future conditions. The study ~' a SANDAG /sis of the p However, at a minimum, the study area will encompass Poway Road between Gate Drive and Bowron Road, Midland Road between Poway Road and Hilleary Place, and C Hilleary Place and Civic C C : as :led by the TIS to the of the Director of Development Services. Building Permit or Grading Permit for ~,uilding square footage. Prior to occupancy of any new building. ponsl App Applicant