Res P-97-02RESOLUTION NO. P- 97-02
A ON OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 96-10 AND DEVELOPMENT REVIEW 96-29
ASSESSOR'S PARCEL NUMBER 323-270-51
WHEREAS, Variance 96-10 and Development Review 96-29 submitted by Anthony
Carr, applicant, request approval to construct a 52,874 square foot ' ' ;]e complex
on a 1.4 acre parcel, Parcel 1 of Parcel Map No. 10643, located at the southwest corner
of Poway Road and Golden Way, in the A General C zone.
WHEREAS, on January 28, 1997 the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council hereby issues a Negative Declaration with mitigation
(indicating no significant adverse impacts anticipated due to the
addition of special req to the project) ' :led.
Variance 96-10
The approved project '
construction of a
anticipates such uses.
I with the General Plan in that it involves
project within a land use category which
That there are special 3plicable to the property, and because
of this, the strict application of the Zoning Ordinance deprives the property
of privileges enjoyed by other properties in the vicinity under identical zoning
classification.
The special :le the fact that the lot is sloped, somewhat
irregular in shape and bounded on three sides by streets. Development is
therefore limited as to where it the site.
That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed by
other property in the same vicinity and zoning for which the variance is
sought in that it is the only lot which must observe three street setbacks.
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welfare, ' ' to the property
Resolution No. P-97-02
Page 2
or imp ~ vicinity and zone in which the property is located in
that (1) there will be no net loss of landscaping on the project overall
because landscaping extends to the back of the sidewalk along the new
street (2) open decorative fencing will be more attractive than a solid wall
along the south side of the property and a roadway separates the rear of the
project from the residential properties to the south (3) the lot coverage of 40
percent' I with that permitted under the 1' ' 3 category,
which anticipated this and for the property.
That the granting of this variance does not constitute a special privilege
: with the I 3on other properties in the vicinity and zone
in that other lots have been developed with similar sized projects and lot
coverages.
That the granting of th' does not allow th ~y which is
not otherwise expressly authorized by zoning development regulations
governing the parcel or property in that ' ' .~e facility is permitted by
right in the Automotive General C zone.
That the approved project will not have an ac :hetic, health, safety,
or architecturally related impact upon adjoining properties.
That the approved project encourages the orderly and h
appearance of structures and property within the City in that the new
complex is designed to be h with more recently constructed
buildings nearby.
Review 96-29
The approved project '
in #1 of Variance Findings.
: with the Poway General Plan as shown
That the approved project will not have an aC :hetic, health, safety,
or architecturally related impact upon adjoining properties in that the design
of the building and grounds incorporates to buffer sound, control
light spillage, provide ample on-site parking, restrict access to an
entry only from the public street, and provides a generous landscape buffer.
That the approved project encourages the orderly and h
apl; ~ -I property within the City in that the architecture
incorporates t' :1 building materials that are complementary to the
st ' the immediate vicinity.
Resolution No. P-97-0z
Page 3
cil Decision:
The City Council hereby approves Variance 96-10 and Development Review 96-29
subject to the following conditions:
1. Within 30 days of approval: (1) the applicant shall submit in writing that all
conditions of approval have been read and understood.
APP OF PLANNING SERVICES
RE ONDITIONS:
1. Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the cond ' :1 herein.
2. Revised site plans and building eleval' )orating all conditions of approval
shall be submitted to the Planning Services Department prior I = building
permits.
3. Approval of this requires shall not 31lance with all =the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of building
permit issuance.
4. The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Code, and all other applicable codes and ord' ~ect at the time of building
permit issuance.
5. The appropriate Building Department approvals and fees shall be received prior to
the start of construction.
6. All existing on-site utility poles shall be removed and all new utilities shall be
installed underground. PI :SDG&E Planning Division. Completion of
under grounding shall be accomplished prior to issuance of Certificate of
Occupancy.
7. Low flow plumbing is required in all
8. School fees shall be paid at the established rate.
9. All created slopes of 5:1 or greater shall be landscaped and a permanent Iow-
volume irrigation system shall be installed prior to final occupancy.
10. Special care shall be taken in the design of lighting to ensure that it does not
adversely impact adjoining residential properties. Building security lighting mounted
on the south and west walls of the building shall be designed to not be intrusive to
neighboring residents. It may be required to 1~ J by motion detector.
Resolution No. P-97-02
Page 4
11.
This approval shall b ,I and void if building permits have not been issued
on the project by January 28, 1999.
PARKING AND VEHICULAR ACCESS
All parking lot landscaping shall include a ' ' =one 15 gallon size tree for
every three spaces. For parking lot island ' ' 12 inch wide walk adjacent
to parking stalls shall be provided and be separated from veh by a six
inch high, six inch wide portland I curb.
Parking lot lights shall be shielded Iow pressure sodium directed downward, and
have zero cutoff. Parking lot illumination shall achieve a uniformity ratio of 3 to 1
(average I ' ' 'i and :1 average of one foot candle and ' '
of 0.3 foot candle.
Parking lot fixtures shall be I;
grade of the parking surface.
:1, 18 feet maximum height, above finished
4. All parking spaces shall be double striped.
The parking layout shall comply with the ,~
1:25 ratio 1' 31e spaces with at least
:h Disabilities Act (ADA), i.e.
~le space designated.
All two-way traffic aisles shall b ' ' '* 25 feet wide. A ' ' 125 feet
wide emergency access shall be provided, maintained free and clear at all times
during construction in accordance with Safety Services Department req
LANDSCAPEIMPROVEMENTS
Complete landscal; d ~all be submitted to and approved
by the Planning Services Department prior to the issuance of building permits.
Plans shall be prepared in accordance with City of Poway Guide to Landscape
Req (latest edition). This is a separate submittal process from the
building plan check process.
Street 1 ' ' ** 15 gal' larger, shall be installed in accordance
with the City of Poway Guide to Landscape Requirements and shall be planted at
an average of 30 feet on center spacing along all streets.
Landscaped areas within the adjacent public right-of-way, as well as private street
shall be permanently and fully '] by the owner.
All landscaped areas shall be ' d in a healthy and thriving condition, free
from weeds, trash, and debris. The trees shall b ;led and allowed to retain
Resolution No. P-97-02
Page 5
a natural form. Pruning should b
to protect the public safety. Unnatural
not permitted.
~e health of th d
pruning, including topping, is
SIGNS
Any signs proposed for this development shall be designed and approved in
lh the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
GRADING
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.
A soils report shall be prepared by a qualified engineer licensed by the State of
California to perform such work.
The final grading plan, prepared on a standard sheet of mylar, shall be subject to
review and approval by the Planning and Engineering Services Departments and
shall be completed prior I : building permit, which first.
A pro-blast survey of the surrounding property shall be conducted to th
of the Director of Engineering Services prior to any rock blasting. A blasting permit
shall be obtained from the Engineering Services Department prior to any rock
blasting. Seismic Recordings shall be taken for all blasting and blasting shall occur
only at locations and levels approved by the Director of Engineering Services.
5. All new slope shall b ' '
I2:1 (horizontal to vertical).
A final compaction report shall be submitted and approved prior to issuance of
building permits.
A certification of line and grade, preparad by the project civil engineer, shall be
submitted prior 1 :building permits.
Buildings and parking lots shall be at least five feet from tops and toes of slopes,
unless waived by Planning and/or Engineering Services Departments prior to
grading permit issuance.
10.
STR
1.
Resolution No. P-97-02
Page 6
Non-supervised or non-engineered fill is specifically not allowed. Rock disposal
areas shall be graded in compliance with City-approved soils investigations and
~lations and grading plans.
E , including but not limited to desiltation basins, shall be installed and
:1 from Oct. 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
developer shall make provisions to insure the prop of all erosion
control devices throughout their intended life.
SIDEWALKS
The easterly portion of Olive Tree lane shall be improved to provide a roadway
pavement width of 40.00 feet with a 76.00-foot cul-de-sac (curb to curb diameter.
Improvement shall include, but is not limited to AC paving, = concrete
curb, gutter, and sidewalk. A handicap ramp shall be constructed at the southeast
curb return of Poway Road and Olive Tree Lane.
A l for additional street right-of-way for Olive Tree Lane, to provide for a
total street width of 60.00 feet and 96.00-foot diameter cul-de-sac, shall be
dedicated to the City prior to building permit issuance.
A street light (180W LPS) shall be installed along the project's southerly frontage
on Poway Road, the location of which shall be approximately at mid-point between
the existing 2 street lights on the north side of Poway Road that is closer to the
northeast corner of the project site.
That private road, referred to as Proposed Private Road Easement per Parcel Map
No. 10643, contiguous with the Southerly property line of the project shall be
improved with 24.00-foot wide AC pavement with AC berm on the northerly side.
A portion of this road shall be concrete paved with concrete curb, the extent of it
would be from the cul-de-sac of Olive Tree Lane to a point where possibly a surface
cross drain gutter shall be built for the project's containment of surface drainage.
All street structural 3all be submitted to and approved by the Director of
Engineering Services prior to improvement plan approval.
Improvement plans for streets and any other public utility lines, prepared on
standard sheets of mylar by a Registered Civil Engineer shall be submitted for
approval by the Director of Engineering Services. Plan check and inspection fees
shall be paid by the developer.
A Standard Agreement for the Construction of Public Improvements shall be
executed by the developer prior to plan approval, or prior to building permit
ResoLution No. P-97-0Z
Page 7
issuance, which first. Approp be posted with
the submittal of the Standard Agreement to the Engineering Services Department.
All street and any public imp as noted in the Standard Agreement for
Construction of Public Imp shall be :1 within the time limit
imposed in said agreement, to the satisfaction of the Director of Engineering
Services.
All damaged off-site public works facilities, including parkway trees, shall be
repaired and replaced prior I :ion of securities, to the satisfaction of the
Director of Engineering Services.
The developer shall acq ' ~ment permit for any private imp
placed within the public right-of-way.
10.
Prior to any work performed in the public right-of-way or City-held a
right-of-way permit shall be obtained from the Engineering Services Department and
appropriate fees paid, in addition to any permits required.
DRAINAGE AND FLOOD CONTROL
Intersection draLns shall be required at locations specified by the Director of
Engineering S :i in accordance with standard engineering practices.
A drainage system capable of handling and disposing all surf ';linating
within the project, and all surface waters that may flow onto the project from
adjacent lands, shall be required. Said drainage system shall include any
easements and as required by the DLractor of Engineering Services to
properly handle the drainage. C thorizing i the drainage
system shall provide for pro[~ "drainage facilities. The system shall
b ~1 to require as littl possible.
Portland cement concrete gutters shall be installed where water crosses the
roadways.
4. Concentrated t~
driveways and/or sidewalks shall not be permitted.
S
ALI proposed electrical/ :ion/CATV utilities within the project shall be
installed underground including existing electrical utilities less than 34.5 KV along
Cimulation Element roads and/or highways.
If cable television services is desired, the developer shall notify Cox
C :ions and Southwestern Cable TV when trenching for utilities is to be
accomplished.
10.
Resolution No. P-97-02
Page 8
Utility easements shall be provided to the specification of the serving utility
companies and the Director of Engineering Services.
The developer shall be responsible for the relocation and undergrounding of
existing public utilities as required.
Water, sewer, and fire protection systems shall be designed and . -I to
meet the requirements of the City of Poway and the County of San Diego
Department of Health.
Fire hydrants shall be installed at locations to be determined by the City Fire
Marshal. A water analysis, to be paid by the applicant, may be required to be
prepared to establish the proper size and location of the public water system. The
amount shall be determined by the cost of the analysis and shall be paid prior to
submittal of improvement plans.
Within 30 days after receiving City Council approval of the project, the applicant
shall apply for a Letter of Availability (LOA) to ...3e availability for 2
EDU's and post with the City, a non refundabl fee equal to 20% of the
sewerage fee in effect at the time the LOA is issued. The
applicant/developer has the option to pay the total amount of fee
within this period, otherwise, the remainder would be paid prior to building permit
issuance. The cost per sewer EDU is $2356.00.
Existing telephone, gas, electric, water, sewer, and other public utility lines and
appurl lall be shown on the grading/improvement plans.
All on-site private sewer mains, if any, shall be :1 to public sewer
standards and si: ~ shall be shown on the grading/improvement plans.
Water and lines and appurtenances that will be installed at locations
other than within publ ~all h t, ' ' : 20 feet wide
for each line, dedicated to the City of Poway. Multiple parallel f I require
additional easement width for on-site facilities. Dedication shall be recorded prior
to building permit issuance.
All public utility lines (i.e., water, sewer, drainage) not located within public streets
shall have an improved access over and along the respective easement, the
surfacing and width of which shall be acceptable to the Director of Engineering
Services.
Resolution No. P-97-02
Page 9
ENGINEERING FEES
Plan checking, inspection, geotechnical review, and improvement plan
ad fees shall be paid pdor to plan approval. Portion of these fees shall
be paid at first submittal of plans 1'
2. The following fees shall be paid prior to building permit issuance:
Sewer ' fee - that remaining portion not paid at application for
reservation of sewer LOA.
the size of
-I fees - the amount to pay (per meter) shall be based on
METER METER BASE LATERAL SDCWA
SIZE COST CAPACITY
3/4" $130 $3710 $1350.00 $1516
1" $270 $6678 $1430.00 $2426
For other sizes, pi
:Engineering Services.
C. Drainage fee = $1200/Ac. x 1.58Ac.= $1896
D. Traffic Mitigation fee = $5234.53
The amount was calculated from a total building area of 52,874SF x
6trips/1000SF x $66/trip x 25%.
E. Park fee = $2680
3. Easement dedication processing fee = $1000/document
This fee to be paid at first submittal of dedication document (legal description, plat,
Iions, etc.) f
Water system analysis (if needed) = $1250 for one fire service, $1850 for 2
services, or $2800 for more than 2 services. This fee to be paid prior to
improvement plan submittal.
Easement vacation (if any) = $1500/application (summary vacation) or
$2500/application (public hearing required). This fee to be paid at submittal of
vacation request.
The above fees are th Ily in effect and are subject to change.
Resolution No. P-97-0Z
Page 10
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway
Ordinance No. 64.
The building shall display th ' Jd 31e from the access
street. M ~the building numbers shall be 18 inches on the front facade
of the building. Building address shall also be displayed on the roof in a manner
satisfactory to the Director of Safety Services, and meeting Sheriffs Dept. -
ASTREA criteria.
Every building hereafter :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 building will be required to install an approved fire sprinkler system meeting
P.M.C. req. The entire system is to b :1 by a central monitoring
company. System post ind lh tamper switches, also monitored, are
to be located by the City Fire Marshal prior to installation.
A 'Knox' Security Key Box shall be required for the building at a location determined
by the City Fire Marshal. A 'Knox' 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 maintained at all
times until is completed,
Permanent :tways for fire apparatus shall be designated as 'Fire Lanes'
with appropriate signs and curb markings.
Minimum 2A: 10BC fire extinguisher required for every 3,000 square feet and 75 feet
of travel distance.
The applicant shall provide a detailed plan for all storage areas and a complete
racking plan.
10.
The addition of on-site fire hydrants is required. The location of the hydrants shall
be determined by the City Fire Marshal.
Resolution No. P-97-02
Page 11
11.
Material Safety Data Sheets shall be required for all hazardous and/or toxic
sub :1 in each building.
12.
An Emergency Contingency Plan and Hazardous Materials D ~all be filed
with the County of San Diego Department of Health and copies provided to the Fire
Department.
13.
Prior to delivery of combustible building material on site, water and sewer systems
shall y pass all required tests and . ~1 to the publ' :1
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 otb ' 'by has been substantially completed
to the satisfaction of the City.
14.
N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
15.
All electrically operated gates shall be equipped with a K ':le key switch.
Contact the Poway Fire Department to order the appropriate hardware.
16.
The post ind the fire department and the fire hydrant that
services the fire sprinkler system for the business to the east of this project may
have to b -I to all :1 adeq to these fire safety devices.
17. A water sy
ysis will be performed to establish available fire flow.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 28th day of January, 1997.
Don Higginson, Ma"~r --
ATTEST:
Marjori~ Wahlsten, City Clerk
Resolution No.P-97-02
Page 12
STATE OF CALIFORNIA )
) SS.
COUNTY Of SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-97-02 was duly adopted by the
City Council at a meeting of said City Council held on the 28th day of
1997, and that it was so adopted by the following vote:
AYES:
NOES: ENERY,
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, EMERY, HIGG~NSON
REXFORD
Marj~ie ~. Wahlsten, City Clerk
City cff._~way