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Res P-97-19RESOLUTION NO. P- 97-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 97-02 AND DEVELOPMENT REVIEW 96-30 ASSESSOR'S PARCEL NUMBER 317-281-07 WHEREAS, Variance 97-02 and Development Review 96-30, submitted by W.H. Pomerado, Applicant, for the purpose of constructing an industrial building on each of the five lots that were recently created with the subdivision of Lot 90 of the Pomerado Business Park (formerly 13325 Danielson Street). The applicant is also requesting a variance approval to allow portions of each of the industrial buildings that are to be :1 at 12216, 12200 and 12201 Thatcher Court to observe a 20 foot setback when the required front yard setback is 35 feet. The property is located within the South Planned Community zone. WHEREAS, on April 15, 1997, the City Council held a duly advertised public hearing to solicit from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: The potential impacts of the project were addressed by the previously Certified Final EIR and Final Subsequent EIR for the South Poway Planned Community. That there are special applicable to the property, and because of this, the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the vicinity with the identical land use designation. The special include the fact that the five lot proposal has been planned comprehensively with consideration for scale, location, orientation and architectural style of the development to provide a well designed and balanced project. That granting the variance or its modification is necessary for the preservation and enjoyment of a substantial property right possessed by other property in th ' ' ly and land use designation for which the ;~ht in that similar development has been allowed on other industrial lots that have been developed comprehensively as a business park or I: ~lex. A comparable development exists on Lot 1 of the Stowe Industrial Park located at 12330 Stowe Drive Resolution No. P- 97-19 Page 2 That granting the variance or its modification will not be materially detrimental to the public health, safety, or welfare, ' ' to the property or iml: · vicinity and zone in which the property is located in that the site has been designed comprehensively and the scale, location, orientation and architectural style of the proposed iml: were considered to develop a well balanced and functionabie project. That the granting of this variance does not constitute a special privilege : with the I ~on other properties in the vicinity and zone in that the property is located ' ~ere other properties have been developed observing similar right of way setbacks within th = the project. That the granting of th' does not allow th ~y which is not otherwise expressly authorized by the South Poway Specific Plan Development Standards governing the parcel, in that the development is intended for light industrial users. o The development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, because the site and the buildings have been designed in accordance with the Specific Plan area development plan with consideration for scale, size, ~ and architectural style to provide a well balanced project. The development is in compliance with the South Poway Development Standards and the South Poway Planned Community Development Plan with exception of the requested front yard setback variance. The development encourages the orderly and t~ apl: : structure and property within the City through it ,/with the South Poway Planned Community which provides high standards for development throughout the 2500 acre planned community. The City Council hereby approves Variance 97-02 and Development Review 96-30 subject to the following conditions: Within 30 days of approval the applicant shall submit in writing that all conditions of approval have read and understood. Resolution No. P- g7-19 Page 3 ° ° o = Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the ccndir ~ herein. Revised site plans and building " )orating all conditions of approval shall be submitted to the Planning Services Department prior I ~ building permits. Approval of this request shall not 31iance with all sections of the South Poway Development Standards the Zoning Ord :1 all other applicable City Ord fect at the time of building permit issuance. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened f :1 sound buffered from adjacent properties and :luired by the Planning Services Department. In the event of'future exl: :leling the subject properties addressed as 12216, 12200 and 12201 Thatcher Court shall not encroach any further into the required 35 foot front yard setback than the encroachment approved with Variance 97-02. 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 fect at the time of building permit issuance. Disabled access shall be provided to the office modular. This approval shall I: and void if building I: project within two years from the date of project approval. : issued for this J All parking lot landscaping shall incluC ' ' = 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 veh by a six inch high, six inch wide portland : curb. All parking spaces shall be double striped. The parking lot design shall comply with the/~ lh Disabilities Act, i.e. 1:25 ratio f ~le spaces with one ~le space. The development on the lot addressed as 12233 Thatcher Court will require an additional disabled space, for a total of two spaces, based on the proposed square footage of the building. Resolution No. P-97-19 Page 4 Parking lot lights shall be Iow p *lium and b height of 25 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent :1 buildings on adjacent lots. A detailed landscape and irrigation plan shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. The landscaping plan shall also address re-planting the neglected and dead landscape ;~ the property frontage. All landscaped areas shall b from weeds, trash and debris. *1 in a healthy and thriving condition, free A minimum 10 foot wide landscape setback shall be provided along the straight portion of Thatcher Court and ' ' ~ 10-20 feet on the cul-de-sac portion of the I: Any signs proposed for this development shall be designed and approved ' with the Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFE'rY SERVICES. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. The building shall display · ' :lC ~le 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' satisfactory to the Director of Safety Services, and meeting Sheriff Dept. - ASTREA criteria. Every building hereafter constructed 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 clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. 10. 11. 12. 13. 14. Resolution No. P-97-19 Page 5 The building will be required to install an approved fire sprinkler sy ~ P.M.C. req, The building sprinkler system shall be designed to meet N.F.P.A. Standards for occupancy type. The entire system is to I: ~ by a central monitoring company. System post ind :h tamper switches, :1, are to be located by the City Fire Marshal prior to installation. In the event the City regulations governing the installation of fire sprinkler systems is revised, the applicant shall comply with the adopted standards at the time of building permit issuance. 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 site at the start of and :1 at all times until construction is completed. Permanent rays for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. Minimum 4A:60BC fire extinguisher required for every 3000 square feet and 75' travel distance. A 2A:10BC fire extinguisher(s) are required for off' 'y 3,000 square feet and 75'of travel distance. The addition of on-site fire hyc ~uired. One fire hydrant is required at the driveway entrance near Crosthwaite Circle and an additional on-site hydrant is required. The location of the hydrants shall be determined by the City Fire Marshal. Material Safety Data Sheets shall be required for all hazardous and/or toxic sul: :1 in each building. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and I: :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 other construction activity has been substantially completed to the satisfaction of the City. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. All electronically operated access gates shall be equipped with a Knox over-ride switch. Contact the Poway Fire Department to order the appropriate hardware. The applicant shall provide a detailed plan for all storage areas and a complete racking plan. Resolution No. P- 97-19 Page 6 15. An Emergency Continency Plan and Hazardous Materials D ~all be filed with the County of San Diego Department of Health and copies provided to the Fire Department. 16. All driveways in excess of 150 feet in length shall be provided with approved turnarounds. 17. The buildings shall be provided with approved automatic smoke and heat vents. 18. A water sy ysis will be performed to establish available fire flow. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. Permit and plan check fees shall be paid upon submittal of map, improvement and/or grading plan, as applicable. Development fees, including but not limited to, domestic and irrigation water service fees, remaining [, and ~ection fees shall be paid prior to building permit issuance. 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 at first submittal of a grading/private improvement Plan. The grading plan, prepared on a standard sheet of mylar at a scale of 1" = 20' or larger by a registered civil engineer, shall be subject ~ :1 approval by the Planning and Engineering Services Departments and shall be completed prior to = a grading permit. All new slope shall b ' ' ~ 2:1 (horizontal to vertical). A final compaction report shall be submitted and approved prior to issuance of building permits. Resolution No. P- 97-:19 Page 7 A certification of line and grade, prepared by the project civil engineer, shall be submitted prior ~ = 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. Non-supervised aineered fill is specifically not allowed. Rock disposal areas shall be graded in compliance with City-approved soils investigations and :lations and grading plans. E ~ol, including but not limited to desiitation basins, shall be installed and I from Oct. 15th to April 15th. An 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 prol: ; all erosion control devices throughout their intended life. All parking lot structural sections shall be submitted to and approved by the Director of Engineering Services. Pavement 3all conform to th ' ' :luired by the Poway Municipal Code Section 12.20.080. Street imp ~all include, but are not limited to: Sidewalks _X Driveways __ Wheelchair ramps X Curb and gutter ~Striping and signs X __ Cross gutter __ Alley gutter __ Parking lot paving __ Alley paving All damaged off-site public works facilities, including parkway trees, shall be repaired and replaced prior to " of bonds and imp to the ; the Director of Engineering Services. 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. Driveways shall h ' ' 1 of 30 feet and shall be designed as an alley apron with ten foot' ' :lius. Reciprocal to all I: to th ' :1 : ~all be provided insuring access private roads, drives or parking areas and thereof ; the City Engineer prior to occupancy. Resolution No. P-97-~.9 Page 8 Intersection drains shall be required at locations specified by the Director of Engineering $ :1 in accordance with standard engineering practices. A drainage system capable of handling and disposing all surf 'ainating 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 :1 struct :luired by the Director of Engineering Services to properly handle the drainage and it shall conform to the previous studies for the business park. Drainage from the newly created lots shall not ¢ :~jacent lots. The newly created lots shall drain to a storm drain system in the private road. C i :1 fl driveways and/or sidewalks shall not be permitted. On-site drainage shall connect to the existing clean out, however; the existing 36" CMP riser shall be removed and a permanent drainage device installed to the : the Director of Engineering Services. All proposed utilities within the project shall be installed underground. Utility 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 :1 to meet the req of the City of Poway and the County of San Diego Department of Health. The applicant shall pay f ./stem analysis to establish the prol: 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. Estimated amount is $2,800.00. Existing telephone, gas, electric, water, sewer, and other public utility lines and appurl ~all be shown on the grading/improvement plans. Water main lines and appurtenances that will be installed at locations other than within publ ~all h ' ' ; 20 feet wide for each line, dedicated to the City of Poway and shall provide a warranty bond for installation of th ' ',s). The warranty bond is for a period of 12 months. Resolution No. P-97-19 Page 9 An :1 water system shall be sized and installed for landscaping and irrigation to the satisfaction of the Director of Engineering Services. This approval is based on the existing site conditions represented on the proposed site plan. If the actual conditions vary from those rel: the site plan must be changed to reflect the actual conditions. Any substantial changes to the site plan must be approved by the Director of Planning Services and the Director of Engineering S :1 may require approval of the City Council. Prior to building permit issuance, appropriate water and sewer fees shall be paid to the City's Engineering Services Department. Depending on the size of a water meter to be installed, the water fees shall be based on the following: Meter Size Cost Expansion Fee SDCWA Fee* 1" meter $150.00 $750.00 $2,426.00 1.5" meter $275.00 $1,500.00 $4,548.00 2" meter $695.00 $2,400.00 $7,883.00 One 1" meter was prepaid for by the developer. The SDCWA fee remains to be paid. F :listed above, pi Engineering Services. *This fee is subject to change without further notice. The amount to be paid shall be that in effect at time of payment. $ fees shall I: fixture count from the developer. :1 after Engineering ATTEST: Resolution No. P- 97-3.9 Page 10 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 15th day of April 1997. Don Higginson, Mayor-~ Marjo~. Wahlsten, City Clerk 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. was duly adopted by the City Council at a meeting of said City Council held on the 15th day of 1997 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON NONE NONE NONE Marjor~e ~ Wahlsten, City Clerk City of ~.o~vay