Res P-99-07RESOLUTION NO. P-99-07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 98-07
VARIANCE 98-16 AND DEVELOPMENT REVIEW 98-29
ASSESSOR'S PARCEL NUMBER 275-460-52
WHEREAS, Conditional Use Permit 98-07, Variance 98-16 and Development
Review 98-29, submitted by Sunshine Care, Ltd., Applicant for the purpose of '
and operating a 16-unit, 28 resident, assisted living facility on the vacant property located
at 12695 Monte Vista Road, in the C Office zone.
WHEREAS, on January 26, 1999, the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this application;
and
WHEREAS, pursuant to G ~ Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or oth described in this resolution begins on the effective date of
this resolution and any such protest must b that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: E I
The City Council finds that the project will not have a significant adverse impact on
th I and issues a Negative Declaration with Mitigation Measures.
Conditional Use Permit )-07
The project' l with the General Plan which designates this site for
office or a related medical type use including residential care
facilities.
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, buildings, structures, or natural in that the
project is being located within the hospital campus area where medically
related uses are anticipated and where surrounding properties contain
:1 imp
That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, because the site will be developed with 1' :1 buildings
which have been designed to be compatible with surrounding
10.
Resolution No. P-99-07
Page 2
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
characteristics, in that the facility ' :led by like uses.
That the g 'traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that the use will operate in an
area wh ' .~ street imp :l off-street parking are adequate
given the scale of the proposed use.
That the site is suitable for the type and intensity of the use, in that it is an
area designated 1' use.
That thera will not be significant harmful effects Ul: Iai quality
and natural in that the area slated for development has been
previously graded and disturbed.
That there are no otb
cannot be mitigated.
negative impacts of the development that
Variance 98-16
=
The approved project' I with the general plan in that it proposes
the construction of a residential cara facility in a zone.
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 include the fact that the lot is encumbered with
a 40 foot wide easement running east to west along the entire rear of the
property, thereby restricting the location of the building as well as two
required parking spaces.
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 other properties located on Monte Vista Road are located on
substantially regular shaped lots where the placement of the buildings was
not difficult.
o
Resolution No. P- 99-07
Page 3
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welfare, ' ' to the property
or imp 1 vicinity and zone in which the property is located in
that the building will substantially observe the required setbacks with the
exception of three architectural p ..:1 the front elevation of the
building. The residents of the project will be predominantly Alzheimer's
patients. There are f Iicipated.
That the granting of this variance does not constitute a special privilege
: with the I 3on other properties in the vicinity and zone
as illustrated in #3.
That the granting of th' does not allow th ly which is
not otherwise expressly authorized by zoning development regulations
governing the parcel or property.
D 29
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties, because the building
has been designed in accordance with the Poway development standards.
2. The development encourages the orderly and h appearance of
i property within the City through it j with the City of
Poway develop :lards.
The City Council hereby approves Conditional Use Permit 98-07, Variance 98-16
and Development Review 98-29 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 residential and 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 h :1 during the past year. If the permit
Resolution No. P-99-07
Page 4
· 3 Services
Department h -1 complaints, the required annual review shall be set
for a public hearing before the City Council, to consider modification or
! the use permit.
Prior to the onset of business activity the applicant shall contact the
Customer Services Department and obtain a City of Poway business
certificate for the use.
Pdor to the onset of b :y the applicant shall obtain the required
approvals and permits from the appropriate county and state agencies for the
residential care facility·
No outdoor paging systems or telephone bells or similar devices shall be
used.
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the condit' . · -I herein.
Revised site plans and building elevat' )orating all conditions of approval
shall be submitted to the Planning Services Department prior 1 ~ building
permits.
Approval of this request shall not 31lance with all sections of the South
Poway Development Standards the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of building permit issuance. ·
All roof appurl :ling air conditioners, shall be amhitecturally integrated,
screened from view and sound buffered from adjacent properties and streets as
required by the Planning Services Department.
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.
Trash receptacle shall b -I within 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.
Resolution No. P- 99-07
Page 5
Prior to any use of the project site or b ,7 being :1 thereof,
all conditions of approval contained herein shall be completed to the satisfaction of
the Director of Planning Services.
This approval shall I; I and void if building permits are not issued for this
project within two years from the date of project approval.
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 Iow p 'lium and have a height of 18
feet from the finished grade of the parking surface and be directed away from all
property lines, adjacent streets and buildings on adjacent lots.
LANDSCAPING
A detailed landscape and irrigation plan shall be submitted to and approved by the
Planning Services Department prior to th : building permits. Plans shall
be prepared in accordance with the G,
(latest edition).
All landscaped areas shall be
from weeds, trash and debris.
-1 in a healthy and thriving condition, free
Street trees, ' ' : 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 shall be permanently and
fully maintained by the owner.
SIGNS
Any signs proposed for this development shall be designed and approved '
with the Sign Ordinance.
Resolution No. P-99-07
Page 6
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 U.F.C. Section 3203(e) and City of
Poway Ordinance No. 64.
The building shall display th ' :Id 31e from the access
street. M :the building numbers shall be six inches on the front facade
of the building.
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
N.F.P.A. Standards for occupancy type. The entire system is to be monitored by
a central monitoring company. System post ind :h tamper switches,
also monitored, are to be located by the City Fire Marshal prior to installation.
An automatic fire alarm system shall be installed to approved standards by a
properly licensed contractor. System shall be completely monitored by a U.L. listed
central stat' ~any or proprietary :ion.
A hood and duct extinguishing system shall be installed for all cooking facilities
within the kitchen area. Plans to be submitted and approved, 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 ' site at the start of construction and maintained at all
times until construction is completed.
Permanent :lways for fire apparatus shall be designated as 'Fire Lanes'
with appropriate signs and curb markings.
10. Minimum 2A:10BC fire extinguisher(s) are required for 3,000 square feet and 75' of
travel distance.
-- Resolution No. P-99-07
Page 7
11.
If medical gases are planned to be used in this building, they shall be installed to
meet req ', : Uniform Fire Code Article 74 - Compressed Gases.
12.
The addition of on-site fire hydrants is required. The location of the hydrants shall
be determined by the City Fire Marshal.
13.
Material Safety Data Sheets shall be required for all hazardous and/or toxic
sub :1 in each building.
14.
An Emergency Contingency Plan and Hazardous Materials D' lall be filed
with the County of San Diego Department of Health and copies provided to the Fire
Department.
15.
Prior to delivery of combustible building material on site, water and sewer systems
shall satisfactorily pass all required tests and b : :t 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 .7 has been substantially completed
to the sat I the City.
16. NFPA Standard 704, Hazardous Materials Labeling, shall be provided 'y
throughout the building.
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
grading permit and start of grading operation. Rough grading of the site must be
completed and shall meet the City's Engineering S ~ector's approval prior
to' Ia 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.
-- Resolution No. P-99-07
Page 8
All new slopes 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 1' ~ building permits.
E ~.rol, including but not limited to desiltation basins, shall be installed and
maintained 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 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 with alley-type
returns.
No parking space shall be allowed within City's easement/s unless otherwise
approved by the Director of Engineering Services.
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. Improvement plans prepared by Registered Civil Engineer
shall be submitted for approval by Engineering Services Department. Plan check
and inspection expenses shall be paid by the developers.
Proposed and existing telephone, gas, electric, :1 other public utility
lines and appud' 3all be shown on the grading plans.
All on-site p ~all I; :1 to publ
specifications and shall be shown on the grading plans.
landards and
Water and lines and appurtenances that will be installed at locations
other than within publ ~all h :, a ' ' :20 feet wide
for each line, dedicated to the City of Poway. Multiple parallel facilities will require
additional easement width for on-site facilities. Easement dedication shall be
recorded prior 1 :a certificate of occupancy. A processing fee shall be
paid to the City's Engineering Department at first submittal of d for review.
-- Resolution No. P- 99-07
Page 9
Each lot shall be provided with' ' f one domest'
:er line, and lateral.
line, one
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.
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' ~ approval. Plan check and inspection fees shall
be paid by the developer.
Perf :1 payment bonds for th : public improvements shall
be posted with the City prior to improvement plan approval. A warranty bond shall
be posted with the City prior to acceptance of imp
GENER
fALS
Prior to building permit issuance, approp :1 sewer fees shall be paid
to the City's Engineering Services Department. Sewer fees shall include, but are
not limited, to fee, cleanout fee, and installation inspection fee. These
f 3ject to change without prior notice.
Meter Size Cost Water Lateral )n Fee SDC\
3/4" 130.00 $1,350.00 $3,710.00 1,585.00
1" 270.00 $1,430.00 $6,678.00 2,536.00
1.5" 600.00 COST $10,388.00 4,755.00
2" $1,775.00 COST $16,694.00 8,242.00
* This fee is subject to change without further notice. Applicable only to water
meter for domestic use. The amount to be paid shall be that in effect at time of
payment.
Sewer F follows:
S fee = 42,997.00
Sewer Line Charge = 3,499.20
Cleanout = 50.00
Inspection fee = 25.00
Resolution No. P-99-07
Page 10
** Based on the number of fixtures equal to 73 per the floor plan available at the
time of conditioning which is equal to 18.25 EDUS at $2,356.00/EDU. Additional
fee shall be paid prior to building permit if number of 1
increased beyond 73.
The following fees shall be paid or a security bond posted prior to ' ~ a
building permit. If a security bond is posted, payment of the fees shall be made prior
to issuance of a certificate of occupancy. Once payment is received in full said
security bond could be released to the applicant.
Drainage fee
Traffic mitigation
Park fee
=$1,200.00
=$1,386.00
=N/A
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
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 26th day of January, 1999.
Michael P. Cafagna,
ATTEST:
nne Peoples, City Clerk
Resolution No. P-99-07
Page 11
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P was duly adopted by the
City Council at a meeting of said City Council held on the 26th day of
1999, and that it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
N:\F
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
nne Peoples, City Clerk
Poway