Res P-92-03RESOLUTION NO. P-92-03
A F THE CITY OUN IL
OF THE CITY POWAY,
TRACT ~AP 0-05R,
VARIANCE 91-10, A~ ) DEVELOPME T R VIEW 91-31
PARCEL NUMBER 317-480-11
WHE EAS, Tentative Tract Ma 90-05R, hereinafter "Map"
submitte by ADI Properties, ap xicant, for the purpose of
subdivid ng the real property situa ed in the City of Poway, County
of San D ego, State of Califor ia, ·scribed as Parcels 1 and 2 of
Parcel Map No. 16213, recorde Sep ember 7, 1990 as File No. 90-
489345 of the Official Recor s, regularly came before the City
Council for public hearing an action on January 14, 1992; and
the Director of
approval subject to conditions
Department report; and
Planning Services has
set forth in the Planning
9ed
the City Council
said report and has
at the public hearing.
of the City of Poway has read
] other evidence p
and
NOW,
follows:
the City Council does hereby resolve as
Section 1: Environmental Fil :
The previously certified Final EIR for the Haley Trust
Property (SCH# ) adequately addresses the potential
tal impacts of the proposed development.
Section 2: :
Tentativ 0-05R
The proposed project is consistent with the newly adopted
general plan; in that it provides for the development of
a commercial center ~ high order goods and
services in keeping with the character for the
Community Commercial land use.
The design and improvement of the revised tentative map
is consistent with all applicable general and specific
plans; in that the design is ] to conform to
the development standards of the adopted specific plan.
he site is physically suitable for the type of
evelopment proposed; in that the site is located within
he central 1 corridor at a primary
ntersection.
The site is physically suitable for the density of the
development proposed, in that the lot is relatively flat
and lends itself to shopping center development.
Resolution No. P- 92-03
Page 2
The design of the center is not likely to cause
substantial tal damage and avoidable injury to
humans and wildlife or other habitat; in that these
factors were considered in the Environmental Impact
Report (EIR). The project for the of
some mature trees.
The revised tentative tract map is not likely to cause
serious public health problems; in that all lots will be
served by public water and sanitary sewer
The design of the revised tentative tract map will not
conflict with any of the public at large, now of
record, for access through or use of the property within
the proposed project area.
~1-31
That the proposed project is in conformance with the
Poway General Plan in that the site is designated as the
i town center and the plaza has been designed to
provide high order goods and services.
That the proposed development will not have an adverse
aesthetic, health, safer-, or architecturally elated
impact upon adjoining roperties because too lines,
building and rch design an scale
are comparable with both he Town and Country Cen er and
Poway Plaza (Builders Emporium Center).
That he proposed develo ent s in with the
inten and purpose of t e Zo ng Ordinance and adopted
speci ic plan in that al per ormance standards will be
met t rough project cons ruct on.
That the roposed development encourages the orderly nd
harmoniou appearance of structures and property wit in
the City ecause it is similar to and complements he
adjacent evelopment and it complies with the des gn
guidelines of the General Plan regarding the use of
textured building materials, generous roof overhangs,
ecessed doorways and windows, use of arbors and
rellises and generous planting areas and most
mportantly, the retention of 19 existing mature trees in
he new site plan.
91-10
That there are special circumstances applicable to the
property, (size, shape, topography, location or
surroundings), in that the lot narrows in width from west
to east, while roadway dedications along Poway Road
remove a uniform width of lot frontage.
Resolution No. P-92-03
Page 3
That the or its is
y for the p ion and enjoyment of a
substantial property right ossessed by other property in
the same vicinity and zone nd denied to the property for
which the variance is sough , because a free right turn
lan has been designed at he northwest corner of the
sub ect property to accommodate traffic flows at the
Pow y/Community Road intersection thus diminishing the
usa le square footage of the property substantially. No
other property at this intersection has been required to
dedicate a similar amount of land.
Grantin the will not be lly d 1
to the blic health, safe' ', or welfare or injurious to
the pry erty or improvemen in the vicinity and zone in
which he property is ocated because all other
development standards, wit the exception of parking
space setbacks along street frontages, will be met.
The granting of this does not constitute a
special privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which such
pro erty is situated, because there are other struc utes
in he immediate vicinity which encroach into the s re t
set ack. These include, the Poway News Chie tan
off ces, the Security Pacific Bank, and portions o t e
Lively Center, all located within one block o t e
subject site.
The granting of this does not allow a use or
activity which is not otherwise expressly by
the Zoning Ordinance governing the parcel of property,
because shopping centers are an approved use in the CC
zone.
The granting of the va iance or its modification will not
be incompatible with he City of Poway General Plan in
that a commercial cen er offering high order goods and
was original y envisioned on this site by the
first Poway General Plan.
~uncil Decision:
The City Council hereby approves Tract Map 90-05R,
91-10, and Development Review 91-31 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
h on Real Property.
Resolution No. P-92-03
Page 4
SITE
1.
SHALL THE OF
WITH THE
The theater ilding elevations shall be modified to
provide addi ional architectural interest on all sides, with
the placemen f wood siding, wood plant-on's and improved
roof lines wh c more closely integrate this building with the
rest of Creeks de Plaza. This shall be accomplished to the
satisfaction o the Director of Planning Services.
Because of the sensitivity of the creek area, no paving may be
placed within ten feet of the southerly property line, so as
to provide an adequate buffer during the grading process.
This area shall be staked and fenced prior to t of
grading operation.
Site shall be developed in accordance with the approved site
plans on file in the Planning Department and the
conditions contained herein.
Revised site plans and building elevations incorporating all
conditions of approval shall be submitted to the Planning
Department prior to of building permits.
A proval of this request shall not waive compliance with all
s cfi ns of the Zoning Ordinance other than those exceptions
1 ste within the specific plan document, and compliance with
a 1 o her applicable City Ordinances in effect at the time of
build ng permit i
For a new omm rcial development, or addition to an exist ng
developmen , t e applicant shall pay development fees at he
stablishe ra e. Such fees may include, but not be limi ed
o: Permi an Plan Checking Fees, Water and Sewer Serv ce
ees. These ees shall be paid prior to building permit
Ail roof appurt 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.
This approval shall become null and void if building permits
are not issued for this project within two years from the date
of project approval·
AND ACCESS
Ail parking lot landscaping shall consist of a of one
15 gallon size tree for every three spaces. For parking lot
islands, a minimum 12 inch wide walk adjacent to parking
Resolution No. p-92-03
Page 5
stalls shall be and be from areas
by a six inch high, six inch wide portland cement
curbing.
Parking lot lights shall be low pressure sodium and have a
height of 18 feet from the grade of the
parking surface and be directed away from all property lines,
adjacent streets and residences.
Ail two-way traffic aisles shall be a of 25 feet wide
and emergency access shall be provided, maintained free and
clear, a minimum of 20 feet wide at all times during
in with Safety Department
req 'ts.
Ail parking spaces shall be double striped.
A detailed xeriscape landscape and low volume irrigation plan
shall be submitted to and approved by the Planning
Department prior to the of building permits.
Master Plan of the existing on-site trees shall be provided
o the Planning Services Department prior to the issuance of
uilding permits and prior to grading, to determine which
rees shall be retained.
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 Department during he
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
Department.
Street tre s, a of 15 gallon size or larger, shall be
installed n accordance with the City of Poway ordinance and
shall be p anted at an average of every 30 feet on interior
streets an 20 feet on exterior streets.
Ail landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
A Comp ehensive Sign Program for this development shall be
submit ed to the Planning Services Department for their review
prior o of building permits. Approval shall be by
the Ci y Council.
Resolution No. p-92-03
Page 6
THE OF
WITH THE
A reciprocal access and maintenance agreement shall be
recorded prior to final map approval. This agreement shall
insure access to all parcels over d and parking areas
and maintenance thereof, to the satisfaction of the City
Engineer.
Building slab and footing locations shall be verified prior to
recordation of final map, where building footprints coincide
with property lines.
Abutters rights of access to Community, Poway, and Midland
Roads, shall be waived on the final map except at the approved
driveway '
Sewer, water, and storm drain easements shall be dedicated on
the final map to the satisfaction of the City Engineer, or by
separate instrument.
A flowage easement conforming to the approved hydraulic report
for Poway Creek shall be dedicated on the final map or by
separate instrument.
Prior to final map approval, all of the public improvement
requirements set forth in the Conditions of A proval for
Development Review 91-31 shall be installed and rovided, or
deferred by guaranteeing in allation within tw years from
map recordation or prior o building permi
whichever comes first, by t execution of a performance
agreement secured with suf xcient securities in a form
approved by the City Attorney.
Prior to grading, a construction fence shall be placed along
Poway Creek to protect existing vegetation.
The developer shall coordinate grading operations to
te construction of a pedestrian bridge across Poway
Creek.
Ail slopes shall have a minimum inclination of 2:1.
Grading in Poway Creek shall conform to the approved Hydraulic
Study and shall be subject to the approval of the City
Engineer.
Grading of the subject property shall be in accordance with
the Uniform Building Code, City Grading Ordinance, approved
grading plan and geotechnical report, and accepted grading
practices.
Resolution No. p-92-03
Page 7
A soils report shall be prepared by a qualified engineer
licensed by the State of California to perform such work at
first submittal of grading plan.
The final grading plan shall be subject to review and approval
by the Planning and Engineering Services Departments and shall
be completed prior to issuance of building permit.
STREETS AND
Ail Circulation Element roads shall be dedicated and improved
to Circulation Element road standards and to the
specifications of the Director of Engineering
The developer shall install an eight phase traffic signal at
the intersection of Community Road and Civic Center Drive.
The developer shall modify the traffic signal at t e
intersection of Pow · and Community Roads to accommodate t e
idening of Communi = Road and Poway Road and a free rig t
urn from northboun y Road to eastbound Poway Roa
he design of this urn shall be subject to the approval o
he Director of Engineering Services. The intersection shal
e modified to accommodate dual left turn lanes on northboun
~ommunity Road and westbound Poway Road. The fina
intersection design is subject to the approval of the Director
of Engineering
vehi ular access rights to Powa ', Community, and Midland Roads
hal be dedicated to the Ci_ of Poway and labeled on the
ina map to the satisfaction f the of Engineering
or by separate documen , except at approved driveway
oca ions.
Street striping and signing shall be installed to the
satisfaction of the Director of Engineering
Ail street structural sections shall be submitted to and
approved by the Director of Engineering Services. Pavement
sections for parking lots shall meet the minimum requirements
or Section of the Municipal Code.
Street improvement plans prepared on standard size sheets by
a Registered Civil Engineer shall be submitted for approval by
the Director of Engineering Plan check and
inspection expenses shall be paid by the developer.
Ail exterior street imp shall be
issuance of building permits, to the
Director of Engineering Services.
ted prior to
satisfaction of the
9. Street that
10.
11.
12.
13.
14.
15.
16.
17.
Resolution No. P-9~-03
Page 8
but are not limited to:
X Sidewalks X
X Driveways X
x Wheel chair ramps X
x Curb and gutter X
C oss gutter
A ley gutter
S reef paving
A ley paving
shall be constructed prior to the occupancy of the units to
the satisfaction of the Director of Engineering
Ail damaged off- ite public works facilities, including
parkway trees, s all be repaired or replaced prior to
exoneration of bon s and improvements, to the satisfaction of
the Department of ngineering
Prior to any w rk being performed in the public right-of-way,
an encroachmen permit shall be obtained from the Engineering
Depar ment and appropriate fees paid, in addition to
any other perm ts required.
The developer shall pay one half the cost of a City approved
landscaped median along the Poway Road frontage prior to final
map approval.
The developer shall pay the Traffic Mitigation Fee at the
established rate at building permit i
Ail driveways shall be designed as alley aprons with a
curb return radius of 20 feet.
Community Road shall be widened on both sides to five lanes
(three northbound, two southbound), plus a raised landsc ped
median along the project frontage. The curb-to-curb w dth
shall be approximately 90 feet. Improvements shall inc ude
p vement, striping, curb, and gutter, landscaped med an,
s dewalk on both sides, street lights, and fire hydrants. The
f hal design of the roadway shall be subject to the approval
o the Director of Engineering Services.
Poway Road shall be widened on the south side to include a
through lane adjacent to the curb. In addition, the median in
Poway oad shall be widened and landscaped to 24 feet from
Commun ty Road to Midland Road. Dual left turn lanes shall be
instal ed in the westbound lanes at the intersection of
y Road and in the lanes at the
of Mid and Road. The opening at mid-block shall be modified
to allow "left turn in only". The approximate curb-to-curb
width shall be 94 feet; however, the final design shall be
subject to approval of the Director of Engineering
he developer shall dedicate and improve Midland Road to ity
tandards for a Secondary Roadway (84/64) from Poway Roa to
he entrance on Midland Road. This shall include ara sed
andscaped median. The roadway shall transition to 6 /40
Resolution No. P-92-03
Page 9
south of the Design of Midland R ad shall be
subject to the approval of the City Engineer. he developer
shall be responsible for modification of the ex sting signal
at Poway Road to any changes to Mid and Road.
AND FLOOD COB'r~OL
An ope space/drainage easement shall be dedicated to the City
over he floodway area as established by the approved
Hydrau ic Report for Poway Creek. This easement shall be
dedica ed prior to occupancy.
Intersection drains will be required at locations specified by
the Director of Engineering Services and in accordance with
standard engineering practices.
A drainage system capable of han ling and disposing of all
surface water originating within he property,surface waters
that may flow onto the proper yjacent lands, shall be
required. Said drainage system s all include any easements
and structures as required by the Director of Engineering
to properly handle the drainage.
Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
The Maste
establishe
the date o
Occupancy
Plan of Drainage Fee shall be paid at the
rate in with the Drainage Ordinance at
final inspection or at the date the Certificate of
s issued, whichever occurs later.
flows across driveways and/or sidewalks shall not
be permitted.
Ail on-site water mains shall be public. Plans hall be
repared on standard size sheets by a Registered Eng neer and
ubmitted for approval by the Director of Eng neering.
asements shall be dedicated to the City over all wa er lines
or a of 20 feet wide.
Existing water lines and wells shall be located prior to
grading and abandoned in accordance with County Health
Department standards and City requi
Fire hydrants and post indicator valves shall be located by
the Fire Marshal prior to of building permits.
Ail e isting sewer facilities (i.e., sewer lines, septic
facili ies) shall be located prior to grading and abandoned
accord ng to City and County requirements. Existing
facili les to remain shall be properly protected during
construction.
Resolution No. P-92-03
Page 10
Ail on-site sewer mains shall be public. Plans shall be
prepared on standard sized sheets by a Registered Engineer and
submitted to the City for approval. An easement, at least 20
feet wide, shall be dedicated over all sewer mains. Joint
easements for sewer and water shall be 30 feet wide.
Ail proposed utilities within the project shall be installed
underground including existing utilities along Circulation
Element roads and/or highways less than 34.5 KV.
Utility easements shall be provided to the specification of
the serving utility companies and the of Engineering
10.
11.
12.
13.
The developer shall be responsible for the relocation and
undergrounding of existing public utilities as required.
Water, sewer, and fire p systems plans shall be
designed and ted to meet requirements of the City of
Poway and the County of San Diego Department of Health.
Prior to acceptance of property for sewer service, annexation
to the sewer improvement area shall occur.
The applicant shall pa- for a water system analysis to
establish the proper siz and location for the public water
system. The amount wil be determined by the cost of the
analysis and shall be pa d upon demand by the City.
The applicant shall, within 30 d ys after N appro-al
of the development review apply or a Letter of Availabil ty
(LOA) to reserve sewerage availab lity and post with the Ci y,
a nonrefundable reservation ee equal to 20% of he
appropriate sewerage connection ee in effect at the time he
LOA is issued.
Developer shall construct a light system conforming to City of
Poway standards at no cost to the public, subject to the
following:
ae
Cut-off 1 shall be installed which will provide
true 90 degree cutoff and prevent projection of light
above the horizontal from the lowest point of the lamp or
light emitting refractor or device.
Ail fixtures shall use a clear, low pressure sodium vapor
light source.
Advance energy charges and District engineering charges
shall be paid by the developer.
d. to the lighting district shall be accomplished
14.
Resolution No. P-92-03
Page 11
and of shall be
time of final inspection or C
whichever occurs later.
at the
of Occupancy,
Cable television shall be provided and
underground. The developer shall notify the cable company
when trenching for utilities is to be accomplished.
SHALL THE OF SAFETY
WITH THE
Roof covering shall be fire retardant as per Uniform Building
Code Section 3203(e) and City of Poway No. 64.
The buildings shall display the r numeric address in a manner
visible from the access stree size of building
numbers is six inches on the ront facade of the building.
Building shall also e displayed on the roof in a
manner satisfactory to the Director of Safety
A 'Knox' Security Key Box shall be required for each building
at a location determined by the City Fire Marshal. A "Knox"
padlock shall be required for the fire sprinkler system Post
Indicator Valve for each building.
Fire Department access for use of fire fighting equipment
shall be provided to the immediate Job construction site at
the start of construction and maintained at all times until
construction is completed.
Every building hereafter constructed shall be accessible to
Fire Department apparatus by way of access roadways with all-
weather driving surfac of not less than 20 feet of
unobstructed width, wit adequate roadway turning radius
cap ble of supporting t e imposed loads of fire apparatus
hay ng a minimum of 13' "of vertical cl The road
sur ace type shall be approved by the City Engineer, ~
to he City of Poway Municipal Code.
t access roadways for fire apparatus shall be
designated as "Fire Lanes" with appropriate signs and curb
markings prior to building occupancy.
An approved fire sprinkler system will be required to be
ins alled in all buildings. The entire system is to be
mort tored by a central monitoring company. System post
ind cator valves with tamper switches, also monitored, are to
be ocated by the City Fire Marshal prior to installation.
New on-site fire hydrants are required. The location of the
hydrants shall be determined by the City Fire Marshal.
Approximate locations will be determined with the project
Civil Engineer.
Resolution No. P- 92-03
Page 12
Prior to f on site,
water and sewer sys ems sha 1 by pass all required
tests and be connec ed to t e public water and sewer systems.
In addition, the f rst lit of asphalt paving shall be in
place to provide adequate, permanent access for emergency
The final lift of asphalt shall not be
until all other construction activity has been substantially
completed to the satisfaction of the City.
Prior to recordation, a Notice of Intention to form landscape
and/or lighting districts shall be filed with the City
Council. The engineering costs involved in district formation
shall be borne by the developer.
2. Final tract map shall conform to City standards and
procedures.
3. Should this property be further divided, each final map shall
be submitted for approval by the Director of Engineering
Services.
Ail p of the Subdivision of the Poway
Municipal Code shall be met as they relate to the division of
land.
Prior to final map approval, all dedications shall be made and
easements granted as required above.
The tentative map approval shall expire on January 14, 1994.
An application for time extension must be received 90 days
prior to expiration in accordance with the City's Subdivision
Ordinance.
and
State of California, this 14th day of January, ~9~92.
ATTEST:
by the City Council of the City of Poway,
yor
· Wahlsten, City Clerk
STATE OF )
)
COUNTY OF SAN DIEGO )
SS.
Resolution No. p-92-03
Page 13
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
No. P-92-03 , was duly adopted by the City Council
at a meeting of said City Council held on the 14th day of__
January , 1992, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
~jj~K ~ Y~4~City Clerk
City ~Poway