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Res P-98-05RESOLUTION NO. P- 98-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 97-10 ASSESSOR'S PARCEL NUMBER 323-480-01,02 WHEREAS, Conditional Use Permit 97-10 Birtcher Development, on behalf of First American CREDCO, for the purpose of constructing 250,000 square feet of multi-tenant office si: 18-acre property located on Lots 1 and 2 of Parkway Business Centre, at the northern terminus of Stone Place. The land use designation of the property is Industrial Park (IP), and the lot is located within the South Poway Planned Community zone. WHEREAS, on January 13, 1998, 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 City Council finds that the previously certified Final EIR and Final Subsequent EIR for the South Poway Specific Plan adequately addresses the potential impacts of the proposed project. The project is consistent with the General Plan and the South Poway Specific Plan which designates this site for industrial park use including multi-tenant offices with a conditional use permit. That the location, size, design, and operating ch I the use are in accord with the title and purpose of th' the purpose of the land use desig ~ich the site is located, the Poway General Plan and the South Poway Specific Plan; in that the subject property is located ' designated for industrial park development and the use is allowed with the approval of a conditional use permit. That the location, size, design, and operating characteristics of the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural in that the use will be located in an area designated for industrial park development and th : near any residential or semi-public uses. o 10. Resolution No. P-98-05 Page 2 That the harmony in scale, bulk, coverage, and density ' with adi because the site will be developed with facilities and buildings which have been designed to be compatible with surrounding structures. That th 31e public facilities, services, and utilities, because the use will be located in a development where all necessary facilities are already in place. That there will not be a harmful effect upon desirable neighborhood ch in that the use will be located within an existing planned industrial park area. That the g ! traffic will not adversely impact the surrounding streets and/or the City's Transportation Element, in that the use will operate out of a business park wh .~ street improvements and off-street parking are adequate and the scale of the proposed activity does not exceed assumptions made when traffic impacts for the business park as a whole :1. That the site is suitable for the type and intensity of the use, in that it is an area designated for industrial park use. That there will not be significant harmful effects Ul: quality and natural ' that the site is located within a developing industrial business park and does not y natural habitat areas. That there are no otb cannot be mitigated. : negative impacts of the development that The City Council hereby approves Conditional Use Permit 97-10 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 Covenant on Real Property. Th :litionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of the surrounding industrial and open space uses. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to add that may I; :1 dudng the past year. If the permit is not in compliance with the conditions of approval, or the Planning Services Resolution No. P- 98-05 Page 3 Department h J complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification or revocation of the use permit. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. ~/ELOPMENT A development review which presents the finalized architectural designs for Phase I buildings and conceptual design for Phase II shall be processed prior 1 of grading and building permits. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the condil' :1 herein. Revised site plans and building eleval' )orating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. Approval of this request shall not 31lance with all : the South Poway Development Standards the Zoning Ordinance and all other applicable City Ord' rfect at the time of building permit issuance. All roof appurf :ling air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. The appropriate Building Department approvals and fees shall be received prior to initiation of 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. This approval shall become null and void if building p two years from the date of approval of this project. not issued within All new utilities shall be installed underground. Completion of undergrounding shall be prior t : a Certificate of Occupancy. 10. School impact fees shall be paid at the rate established at the time of building permit issuance. Presently school fees are $0.30/square foot of assessable area. Resolution No. P-98-05 Page 4 11, Trash receptacle shall be enclosed by a six foot high masonry wall with view- obstructing gates pursuant to City standards. Location shall be subject to approval by the Planning Services Department. 12. Prior to any use of the project site or b :y being :1 thereof, all conditions of approval contained herein shall be completed to the sal the Director of Planning Services. 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 l curb. All two-way traffic aisles shall b ' ' ~ 25 feet wide. A ' ' ** 25 feet wide emergency access shall be provided, :1 free and clear at all times during in accordance with Safety Services Department req All parking spaces shall be double striped. Th ' ' d' for standard sized parking stalls shall be 8.5' x 18.5'. The parking lot design shall comply with the Americans with Disabilities Act, i.e. 1:25 ratio for accessible spaces with one van accessible space. Parking lot lights shall be Iow p :lium and h 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. LAND~ 'ROVEMENTS Complete landscape construction d Tall be submitted to and approved by the PI prior to the ' I building permits. Plans shall be prepared in accordance with the South Poway Development Plan and the City of Poway Guide to Landscape Req (latest edition). Existing on-site trees shall be retained wherever possible and shall be maintained in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous trees shall be approved for removal at the discretion of the Planning Services Department during th I the Master Plan of existing on-site trees. Living trees which are approved 1' shall be replaced on a I basis as required by the Planning Services Department. Street I ' ' : 15 gall larger, shall be installed in accordance with the City of Poway Guide to Landscape Req :1 shall be planted at an average of 30 feet on center spacing along all streets. Resolution No. P- 98-05 Page 5 Landscaped areas within the adjacent public right-of-way shall be permanently and fully ~ ' :1 by the owner. All existing irrigation and landscaping within the designated LMD and Land Development Associar ~all be protected. The developer shall contact the recently established Parkway Business Park ~ rep jarding the on-site A landscaping and irrigation imp Any modifications or imp to this Association area shall be shown on the project landscaping plans. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The trees shall b.~ed and allowed to retain a natural form. Pruning should be restricted I the health of the trees and to protect the public safety. Unnatural pruning, including topping, is not permitted. Use of recycled water will be required for on-site landscape irrigation. Each site shall have a designated user supervisor who has attended the San Diego County Water Authority user supervisor class. County of San Diego Department of E Iai Health will assess fees for the following activities: Site Plan Check Shut Down Test ** Title 22 Inspection $200.00 avg. Cost* $320.00 avg. Cost* $ 80.00 avg. Cost* *Based on full cost recovery; actual t may vary. **Shut down test is required at initial installation and at least every four(4) years on sites with both recycled and potable water. SIGNS Any signs proposed for this development shall be designed and approved ' with the South Poway Development Plan. 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 grading plan for the development of the property, prepared on a standard sheet of Mylar and drawn at a scale of 1" = 20, shall be submitted to the City's Engineering Services Department for review and approval prior to issuance of a o Resolution No. P-98-05 Page 6 grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Engineering S 3ector's approval pdor ~ a building permit. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Copies of the report shall be submitted with the grading plan. All new slope shall be a 2:1 (horizontal to vertical). A final compaction report shall be submitted and approved prior to issuance of building permits. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior I f building permits. E lrol, including but not limited to desiltation basins, shall be installed and -I from Oct. 15th to April 15th. A lrel plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The developer shall make previsions to insure the proper maintenance of all erosion control devices throughout their intended life. Paving of the parking lot shall conform to the standards as set forth in Section 12.20.080 of the City Code. All driveway approaches shall be of alley-type curb returns. Should there be a need for new fire hydrant/s, a water system analysis shall be prepared to establish the proper size and location of the public water system. Applicant shall pay to the City the cost of preparing the analysis prior to submittal of improvement plans. Existing telephone, gas, electric, water, sewer, and other public utility lines and appud ~all be shown on the grading plans. All on-site p ~all be constructed to publ' specifications and shall be shown on the grading plans. Iandards and Water and lines and appurtenances that will be installed at locations other than within publ ~all h l, ' ' : 20 feet wide for each line, dedicated to the City of Poway. Multiple parallel facilities will require Resolution No, P-98-05 Page 7 additional easement width for onsite facilities. Easement dedication shall be recorded prior I : a certificate of occupancy. A processing fee shall be paid to the City's Engineering Department at first submittal of d for review. 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 City Engineer. The predevelopment plans submitted for the preparation of this CUP conditions indicate the necessity of vacating a portion of Stone Place and a general utility easement adjacent to the street right-of-way. The applicant/developer shall, prior to building permit issuance, obtain a commitment from utility companies, having franchise rights to City Streets, of their approval for the vacation. The street and easement vacation must be completed prior to issuance of a certificate of occupancy. Vacation is made pursuant to the Street and Highways Code (SHC), ;I at Section 8300, or through the filing of a parcel or final map. If vacation is made pursuant to SHC, the applicant/developer is responsible to know the effects of street vacation, i.e., pertaining to property limits and dghts. It is a general rule that : in a subdivision is vacated, fee title to half the street right-of-way reverts to the adjacent property fronting it. Therefore, if the applicant decides to utilize the portion of Stone Place that would revert to Lot 41 of said Map No. 13410, a boundary adjustment shall be, at least, conditionally approved prior to building permit issuance. Th : Stone Place shall have a replacement cul-d , :1 and that additional street right-of-way and general utility easement be dedicated to the City. Further, additional 1' drainage and access shall be dedicated to the City for the respective utility lines within the area of street vacation. Easement dedication shall be made prior t =a certificate of occupancy. Improvements to Stone Place must be completed prior to issuance of the first certificate of occupancy to be built in either Lots 1, and 2 of Map No.13410. Imp lall include but is not limited to street :1 public utility lines installation. Plans for th : public improvements, prepared on standard sheets of Mylar by a Registered Civil Engineer, shall be submitted to the City's Engineering Services Department 1' :1 approval. Plan check and inspection fees shall be paid by the developer. Resolution No. P- 98-05 Page 8 1. Perf :1 payment bonds for the construction of public imp be posted with the City prior to improvement plan approval. lall A warranty bond shall be posted with the City prior to acceptance of imp OVALS Prior to building permit issuance, approp :1 sewer fees shall be paid to the City's Engineering Services Department. Sewer fees shall include, but is not limited, t fee, cleanout fee, and installation inspection fee A ' ' ;t~ lall be installed for each lot, one for (~ ~' and one for irrigation purposes, unless Lots 1 and 2 of Map No. 13410 are merged as one lot prior to building permit' these t~ :lequate to supply the water demand that the project needs. The adequacy of two meters shall be determined by the applicant/developer. Depending on the size of water meters to be installed, the water fees shall be based on the following: :er Size .Cost 1" meter $150.00 $750.00 $2,536.00 1.5" meter $275.00 $1,500.00 $4,755.00 2" meter $695.00 $2,400.00 $8,242.00 For a :listed above, : Engineering Services. * This fee is subject to change without further notice. Applicable only to for C The amount to be paid shall be that in effect at time of payment. Sewer f follows: I $ Cleanout Inspection fee fee = $35,796.00** = $ 50.00 each cleanout = $ 25.00 each cleanout S Cleanout Inspection fee fee 10 = $25,660.00** = $ 50.00 each cleanout = $ 25.00 each cleanout Resolution No. P- 98-05 Page 9 ** Based on building areas of 155,074 SF on Lot 1 and 111,165 SF on Lot 2. if the building areas to be built exceeds these figures, additional sewer fee shall be paid. The amount of additional fee is to be calculated at $2,356.00 per one (1) sewer EDU. One (1) sewer EDU is equivalent to 6,000 SF of building area. A right-of-way permit shall be obtained from the City's Engineering Services Department for any work to be done within the public street right-of-way or any City- held easement. Said work shall include, but is not limited to, construction of driveway approach, sewer lateral installation, water service line installation, and street COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. Roof covedng shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance 64. The building shall display th ' :Id ale from the access street. Minimum size of building numbers is 18 inches on facade of building. Building address shall also be displayed on the roof' tisfactory to the Director of Safety Services, and meeting Sheriff's Department ASTREA criteria. Every building hereafter -I 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 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. requirements. The building sprinkler system shall be designed to meet a minimum .45/3000 design density at the roof. Storage of Class ^ plastics up to 15' shall be protected by a design density of at least .60/4000 square feet if no in-rack sprinklers are to be provided. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal pdor to installation. Installing Fire Sprinkler and Underground Fire Service Contractor(s) shall obtain a copy of the fire department's "Policies for Automatic Fire Sprinkler Systems". An fire alarm system shall be installed to approved standards by a propedy licensed contractor. System shall be completely monitored by a U.L. listed central stal' 3any or proprietary · lion. Resolution No. P- 98-05 Page 10 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 :lways 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 2A10BC fire extinguisher(s) are required for off' 3,000 square feet and 75' of travel distance. 10. If an elevator is installed, it shall be sized to 'late a normal hospital gurney. Minimum d for the inside car platform shall be 6'8" wide by 4'3" deep. 11. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 12. Material Safety Data Sheets shall be required for all hazardous and/or toxic sub -I in each building. 13. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and I, ' 'l 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 otb ¥ has been substantially completed to the sa1 : the City. 14. N.F.P.A. Standard 704, Hazardous Material Labeling, shall be provided as necessary throughout the building. 15. A water sy : ysis will be performed to establish available fire flow. 16. All electrically operated access gates shall be equipped with a Knox over-ride switch. Contact the Poway Fire Department to order the appropriate hardware. Resolution No. P~98-05 Page 11 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 13th day of January, 1998. Don Higginson, Mayor ATTEST: ahlsten, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) )ss. ) 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 day of __ JANUARY 1998, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE Marjor'~ K~ Wahlsten, City Clerk City of P<~Way