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