Res P-15-06RESOLUTION NO. P -15 -06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT (CUP) 14 -004
AND DEVELOPMENT REVIEW (DR) 14 -004
ASSESSOR'S PARCEL NUMBER 314 - 193 -46
WHEREAS, an application was submitted to develop and establish a 5,980 -
square -foot Residential Care Facility (RCF) serving 7 to 15 residents on a vacant, 0.53 -
acre property located at 14215 Midland Road, within the Rural Residential C (RR -C)
and Residential Single - Family 2 (RS -2) zones; and
WHEREAS, on March 3, 2015, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt as a Class 32 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15332 of the 2014 CEQA Guidelines, in that the project involves in -fill development that
is consistent with the applicable General Plan designation and all policies, as well as
with applicable zoning designations and regulations; the 0.53 -acre project site is less
than five acres in size and surrounded by urban uses; the project site has no value as
habitat for endangered, rare or threatened species, the approval of the project would not
result in any significant effects relating to traffic, noise, air quality, or water quality; and
the site can be adequately served by all required utilities and public services.
Section 2: The findings in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC), for CUP 14 -004 are made as follows:
A. The location, size, design and operating characteristics of the proposed RCF are
in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permits Regulations), the General Plan, and the development policies and
standards of the City in that a RCF for 7 to 15 residents is permitted in the RS -2
zone with the approval of a CUP.
B. The location, size, design, and operating characteristics of the proposed use will
be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, people, buildings, structures, or natural resources in that the
proposed RCF will be operated so that it is compatible with the surrounding
residential, park and commercial development, and adequate onsite parking will
be provided to serve the use.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with the surrounding residential, park and commercial
development, in that the project has been designed to comply with all of the
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development standards of the zone, including setbacks, building height and lot
coverage.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the proposed RCF will be operated so that it will be compatible with the
surrounding residential, park and commercial development; and the project has
been designed to provide adequate onsite parking for the proposed use.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and /or the Circulation Element of the
General Plan.
G. The site is suitable for the type and intensity of use or development in that the
proposed RCF will be operated so that it will be compatible with the adjacent
residential, park and commercial development; and the project has been
designed to provide adequate onsite parking for the proposed use.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed RCF will be located on a property that has
been previously graded and contains no remaining natural habitat.
There are no relevant negative impacts of the proposed use that cannot be
mitigated.
J. That the impacts, as described in subsections A through I of this Section, and the
proposed location, size, design, and operating characteristics of the proposed
use and the conditions under which it would be operated or maintained will not
be detrimental to the public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan; and
K. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances.
Section 3: The findings for DR 14 -004, in accordance with PMC 17.52.010 Purpose
of Development Review, are made as follows:
A. The project has been designed to be architecturally compatible and in scale with
surrounding residential, park and commercial development. Therefore, the
project respects and recognizes the interdependence of land values and
aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development
in that the building has been designed to be consistent with the required Old
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Poway Specific Plan (OPSP) design standards and the exterior materials and
colors of the building will be compatible with the surrounding residential and
commercial development. Therefore, the proposed development respects the
public concerns for the aesthetics of development, and encourages the orderly
and harmonious appearance of structures and property within the City.
C. The granting of the DR would not be materially detrimental to the public health,
safety or welfare within the community since the proposed project will be required
to construct the necessary utility service improvements and adequate
infrastructure exists in the area to serve the site.
D. The project has been designed to be consistent with development in the
surrounding area in that the project has been designed to comply with the
required design standards of the Old Poway Specific Plan and the exterior
materials and colors of the building will blend visually and be compatible with the
surrounding residential and commercial development. Therefore, the proposed
development respects the public concerns for the aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health and safety,
or an architecturally - related impact upon adjoining properties, in that the project
has been designed to comply with the required design standards of the Old
Poway Specific Plan and the exterior materials and colors of the building blend
visually and be compatible with the surrounding residential and commercial
development.
F. The design of the proposed development is consistent with all elements of the
Poway General Plan and the Old Poway Specific Plan, as well as the project
conforms with the applicable provisions of the Zoning Code.
Section 4: The findings, pursuant to Government Code Section 66020, for the public
improvements for DR 14 -004 are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project.
B. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance
public infrastructure improvements, which promote a safe and healthy
environment for the residents of the City.
Section 5: The City Council hereby approves CUP 14 -004 and DR 14 -004, as shown
on the approved plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
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limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City
shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. Approval of this CUP and DR request shall apply only to the subject project and
shall not waive compliance with all sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance.
C. Within 30 days of the date of this approval, and before the issuance of any
permit: (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
Regarding Real Property. In order for the City to prepare the Covenant, the
applicant must first submit a legal description of the subject site.
D. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses.
E. The conditions of CUP 14 -004 and DR 14 -004 shall remain in effect for the life of
the subject use and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
F. CUP 14 -004 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
G. The maximum number of residents that may reside in the subject RCF shall not
exceed fifteen. Prior to establishment of the use, the necessary approvals and
license shall be obtained from the Community Care Licensing Division of the
State of California.
H. Prior to construction the applicant shall obtain a Building Permit. Prior to
issuance of a Building Permit the applicant shall comply with the following:
(Planning)
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
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2. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City departments will be
required.
3. The applicant shall contact the Poway Unified School District (858 679-
2570) to verify if school impact fees are required. If required, the fees shall
be paid at the rate established at the time of Building Permit issuance.
4. The maximum height of any fence or wall shall not exceed six feet.
5. All architectural details shown on the approved CUP /DR plans shall also
be shown on the building plan check submittal. Any major modifications to
the building or site design details on the approved CUP /DR plans will
require a DR revision and City Council approval.
6. The building plans shall include elevations and cross sections that show
all roof appurtenances, including air conditioning, architecturally
integrated, screened from view, and sound buffered from adjacent
properties and streets, to the satisfaction of the Director of Development
Services.
7. The colors on the building shall be consistent with the approved colors on
file in the Planning Division.
8. The site plan shall show and note all required parking. Parking shall be
provided in accordance with the Off - street Parking standards of the PMC.
Based on proposed peak staffing levels being three (3) employees, and
accounting for employee overlap during shift change, a minimum of eight
(8) parking spaces shall be provided to comply with Off - street Parking
standards (1 space /4 beds plus 1 space per the highest employee shift).
9. All parking lot landscaping shall include a minimum of one 15- gallon size
tree for every three spaces. For parking lot islands, a minimum 12 -inch-
wide walk adjacent to parking stalls shall be provided and be separated
from vehicular areas by a six - inch -high, six - inch -wide Portland concrete
cement curb.
10. All two -way traffic aisles shall be a minimum of 25 -feet wide. A minimum
of 25- foot -wide emergency vehicle access shall be provided, maintained
free and clear at all times during construction, in accordance with Safety
Services Department requirements.
11. All parking spaces shall be double striped. The minimum dimensions for
standard sized parking stalls shall be 8.5' x 18.5'. The parking lot design
shall comply with the Americans with Disabilities Act for accessible
spaces, with one van accessible space.
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12. The building plans shall include proposed fencing, including the height,
location, design, and material. Fences shall be consistent with the
architectural design of Old Poway and with the associated development
project to the satisfaction of the Director of Development Services.
13. Landscape and irrigation plans shall be submitted and approved. The
landscape and irrigation plans shall demonstrate compliance with the City
of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC,
the OPSP, and all other applicable standards and ordinances in effect at
the time of landscape and irrigation plan submittal. The landscape and
irrigation plan submittal is separate from other project plan check
submittals, and is made to the Planning Division. Landscape and irrigation
plan review fees are required and are the responsibility of the applicant.
To the satisfaction of the Director of Development Services, the landscape
plans shall also provide the following:
a. Irrigation, and plant sizes and species for the landscape areas;
b. A minimum of one 15- gallon tree, per City specifications, shall be
provided for every three parking spaces. Said tree shall be so
located to provide shade cover for the vehicles; and
C. Three 24 -inch boxed trees are required to be planted in connection
with the conditions of approval of Tree Removal JR) 05 -22, which
authorized the removal of 47 trees from the five -lot subdivision
approved by City Council as TTM 04 -04. Based on the length of the
street frontage of the subject Lot 2, the three trees represent a
proportionate share of the 20 replacement trees required to be
planted along Midland Road and Aubrey Street pursuant to
TR 05 -22. The replacement trees shall be sycamore trees or other
tree species, as deemed appropriate by the Director of
Development Services, considering the property's setting in Old
Poway.
(Engineering)
14. All spoil materials from footings and foundations shall be legally disposed
of offsite, unless a Grading Permit for placement of the materials is
obtained from the Department of Development Services— Engineering
Division prior to placement or the applicant has received verification from
the Department in writing that no permit is required.
15. Provide certification from a California licensed engineer or licensed
architect certifying that a Grading Permit will not be required pursuant to
the Chapter 16.48 PMC. The letter shall be in a form acceptable to the
City of Poway, signed and sealed in accordance with the Business and
Professions Code and include the calculations used to make the
determination.
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16. Applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on
.the site plan and be appropriately sized for the proposed level of
development.
17. A minimum cash security for erosion control of $2,000 is required.
18. The applicant shall attend a pre- construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer. The
applicant's action plan that identifies measures to be implemented during
construction to address erosion, sediment and pollution control will be
discussed. Compliance for sediment control shall be provided as directed
by the Engineering Inspector.
19. Erosion control shall be installed and maintained by the developer from
October 1 to April 30 annually. The developer shall maintain all erosion
control devices throughout their intended life.
20. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is
$1,318.
21. The applicant shall pay all applicable development impact fees in effect at
the time of permit issuance. Listed below is an estimate of the current
applicable fees and amounts:
a. Water (1" meter) $5,448
b. Sewer (LOA 304) $4,668.80
C. Fire Apparatus (1 EDU) $122.03
d. Traffic (Rural -Res) $2,254
e. Park (Res) $4,562
f. Drainage (Rattlesnake Creek) $1,570
22. Prior to start of any work within a City -held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division. All
appropriate fees shall be paid prior to permit issuance.
23. The proposed structure may be located within a regulated floodplain. If the
residence is within the Floodplain, a Floodplain Development Permit shall
be approved and issued prior to Building Permit issuance. All applicable
fees shall be paid prior to permit issuance.
(Safety Services)
24. The applicant is required to meet all applicable PMC and California State
Fire and Building Codes for this project. The applicant is encouraged to
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contact the Division of Fire Prevention at (858) 668 -4470 to set up a
meeting prior to submitting building plans in order to review project
requirements.
25. Fire Department access for use of firefighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed. Access to the
development shall be to the satisfaction of the City Engineer and City Fire
Marshal.
26. Permanent access roadways for fire apparatus shall be designated as
"Fire Lanes" with appropriate signs and curb markings.
27. The building shall be accessible to Fire Department apparatus by way of
access roadways with all- weather driving surface of not less than 20 feet
of unobstructed width, with adequate roadway turning radius not less than
28 feet, capable of supporting the imposed loads of fire apparatus having
a minimum of 13'6" of vertical clearance. The Fire Chief, pursuant to the
PMC, shall approve the road surface type.
28. An approved fire sprinkler system meeting PMC requirements will be
required to be installed. The building sprinkler system shall be designed to
meet NFPA 13R requirements. The entire system is to be monitored by a
central monitoring company. Backflow valve assemblies with tamper
switches shall be monitored. The City Fire Marshal shall locate these fire
protection devices prior to installation. Two separate plan submittals to the
Fire Department will be required, one for the fire sprinkler design and the
second for the fire service underground. A water analysis will not be
required.
29. Installing Fire Sprinkler AND Underground Fire Service Contractor(s) shall
obtain a copy of the Fire Department's "Policies for Automatic Fire
Sprinkler Systems."
30. A properly licensed contractor shall install an automatic fire alarm system
to approved standards. System shall be completely monitored by a UL
listed central station alarm company or proprietary remote station.
31. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
32. Roof covering shall be fire retardant as per PMC 15.04.050, and City of
Poway Ordinance No. 64 and its amended Ordinance No. 526.
33. The building shall display the approved numbers and /or addresses in a
location plainly visible and legible from the street or roadway fronting the
property from either direction of approach. Said numbers shall contrast
with their background. The building address shall also be displayed on the
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roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff Department - ASTREA criteria.
34. All automatic gates across fire access roadways and driveways shall be
equipped with approved emergency, key- operated switches overriding all
command functions and opening gates. A dual -keyed or dual switches
shall be provided to facilitate access by law enforcement.
35. The project shall meet all requirements, including exiting and safe refuge
area assembly, as required for licensure by the California Department of
Social Services.
36. A 2A10BC fire extinguisher(s) is required for office areas every 3,000
square feet and 75 feet of travel distance.
37. Material safety data sheets shall be required for all hazardous and /or toxic
substances used in the building.
Prior to issuance of the Certificate of Occupancy:
(Planning)
1. The site shall be developed and the building elevations shall be
constructed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein. A
final inspection from appropriate City departments will be required.
2. Landscaping shall be installed per the approved landscape plan.
(Engineering)
3. All requirements of the Floodplain Development Permit shall be satisfied.
This includes, but is not limited to, submittal and approval of an elevation
certificate.
4. Any extension of proposed or existing utilities required to serve the project
shall be installed underground.
5. The drainage facilities, driveway, and all utility services shall be installed,
and completed by the applicant, and inspected and approved by the
Engineering Inspector. All new utility services shall be placed
underground.
6. An adequate drainage system shall be provided around the new building
pad capable of handling and disposing all surface water to the satisfaction
of the Engineering Inspector.
7. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to public improvements caused by construction activity from
this project.
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Upon establishment of the proposed use, pursuant to CUP 14 -004, the following
shall apply:
1. All landscaping onsite and within the adjacent public right -of -way shall be
adequately irrigated, and permanently and fully maintained by the owner
at all times in accordance with the requirements of the City of Poway
Landscape and Irrigation Design Manual. The trees shall be encouraged
and allowed to retain a natural form. Pruning should be restricted to
maintain the health of the trees and to protect the public safety. Trees
should be trimmed or pruned as needed to develop strong and healthy
trunk and branch systems. Tree maintenance and pruning shall be in
accordance with "American National Standard for Tree Care Operations"
latest edition (ANSI A300). Trees shall not be topped and pruning shall not
remove more than 25% of the trees' leaf surface.
2. The parking areas, driveways and landscape areas shall be well
maintained.
Section 6: The approval of CUP 14 -004 and DR14 -004 shall expire on March 3,
2017, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and
construction on the property in reliance on the CUP approval has commenced prior to
its expiration.
Section 7: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 3rd day of March 2015.
Steve Vaus, Mayor
ATTEST:
IALZ.
S ila R. Cobian, CMC, City Clerk
Resolution No. P -15 -06
Page 11
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -15 -06 was duly adopted
by the City Council at a meeting of said City Council held on the 3rd day of March 2015,
and that it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
She,fla R. Cobian, CIVIC, City Clerk
City of Po ay