Res P-99-13RESOLUTION NO. P- 99-13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 98-09
AND DEVELOPMENT REVIEW 98-34
ASSESSOR'S PARCEL NUMBER 317-521-02,03,04
WHEREAS, Conditional Use Permit 98-09 and Development Review 98-34 were
submitted by Brookview Senior Housing Partners, for the purpose of constructing 102
affordabl 3artments on a 6.7 acre site located at 13150 Pomerado Road, in the
C ' ' Office zone; and
WHEREAS, on February 9, 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 I Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or otb described in this resolution begins on the effective date of
this resolution and any such protest must I: that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that the previously issued Negative Declaration with
mitigation for Specific Plan 98-02, adequately address the potential
impacts of the proposed development.
Sec
Conditional Use Permit 98-09
The project' I with the General Plan and the Affordable Housing
Overlay which designate certain sites for the construction affordable multi-
family housing. This site was designated for affordabl partments.
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 on a property which is adjacent to a major street
(Pomerado Road) and which meets all of the Iocational criteria for affordable
housing.
That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, because the site will be developed with facilities and buildings
which have been designed to be compatible with surrounding structures.
Resolution No. P- 99-13
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 is designated 1' 3artments only.
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 where existing street improvements and off-street parking will be
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 for , public and semi-public uses due to its
location on a major street.
That there will not be significant harmful effects ul: Iai quality
and natural that the development will be required 1
enhance the natural drainage channel and to revegetate the site with native
plants along the dF ':lor. The landscape plan indicates the intent to
plant a large number and variety of trees in an effort to retain the original
wooded character of the site.
10.
That there are no otb
cannot be mitigated.
negative impacts of the development that
34
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties, because the
buildings have been designed in accordance with the wishes and guidance
of the neighborhood focus group.
2. The development encourages the orderly and h appearance of
structure and property within the City through il ~' with the City of
Poway development standards.
9cision:
The City Council hereby approves Conditional Use Permit 98-09 and Development
Review 98-34 subject to the following conditions:
1,
Resolution No. p_99-13
Page 3
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
is not in compliance with the conditions of approval, or the Planning Services
Department h :1 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.
~MENT
Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the condit' :1 herein.
Revised site plans and building elevations incorporating all conditions of approval
shall be submitted to the Planning Services Department prior t : building
permits.
Approval of this request shall not waive compliance with Specific Plan 98-02, the
Zoning Ord' -I all other applicable City Ordinances in effect at the time of
building permit issuance.
All roof appurt :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' Yect at the time of building
permit issuance.
Trash receptacles shall b :1 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_99-13
Page 4
A noise wall shall be in with an
acoustical study completed by a qualified noise consultant. The findings of the
study shall be applied to building design 1' ~ich are shown to b 7
to reduce adverse impacts of street noise from Pomerado Road to an acceptable
level.
Prior to any use of the project site or b :y being :1 thereof,
ail conditions of approval contained herein shall be completed to the satisfaction of
the Director of Planning Services.
This approval shall become null and void if building p
project within two years from the date of project approval.
not issued for this
)VEHICULAR ACCESS
All parking lot landscaping shall include a ' ' I 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 :ement 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 ail
property lines, adjacent :1 buildings on adjacent lots.
All parking spaces shall be double striped. The parking lot design shall comply with
the A :h Disabilities Act, i.e. 1:25 ratio 1' 31e spaces with at least
one 31e space.
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 .= to [
(latest edition).
Ail landscaped areas shall be
from weeds, trash and debris.
:1 in a healthy and thriving condition, free
Street trees, ' ' ; 15 gall 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.
Resolution No. P-99-:13
Page 5
All work within and immediately adjacent to the stream is subject to review and
permitting by the California Department of Fish and Game, U.S. Army Corps of
Engineers and the Regional Water Quality Control Board. Permits shall be obtained
from these agencies prior to the start of any work within the creek.
SIGNS
Any signs proposed for this development shall be designed and approved in
Ih the Sign Ordinance.
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 ' ~d 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 Sheriff Department's
ASTREA criteria.
Every building hereafter constructed 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 buildings 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 :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' 3any or proprietary remote station.
A hood and duct extinguishing system shall be installed for all cooking facilities
within the kitchen area of the recreation building. Plans to be submitted and
approved, prior to installation.
Resolution No. P- 99-13
Page 6
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 Ind
Fire Department access for use of fire fighting equipment shall be provided to the
immediate job construction site at the start of construction and :l at all
times until 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.
11.
If elevators are installed, at least one shall be sized to :late a normal
hospital gurney. Minimum d' the inside car platform shall be 6'8" wide
by 4'3" deep.
12.
The addition of on-site fire hydrants is required. The location of the hydrants shall
be determined by the City Fire Marshal.
13.
Prior to delivery of combustible building material on site, water and sewer systems
shall y pass all required tests and I: ' :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 ¥ has been substantially completed
to the sat' ' f the City.
14. Provide a site directory map (lighted) at the project entrance.
15.
A secondary emergency access road shall be provided from the terminus of
Valewood Court. Said :l shall be of an all-weather ddving surface of not
less than 20 feet of unobstructed width. The road surface type shall be approved
by the City Engineer, pursuant to the City of Poway Municipal Code. The access
road shall be secured with gates and locks utilizing a Knox Padlock design.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PUBLIC SERVICES.
Provide an all-weath road to the creek channel at the southwest
corner of th lown on the existing plan.
Allow for creek access from the southerly extension of the box culvert
structure. A gate shall be provided to allow access to this area for
purposes, wh 3 safety and preventing unauthorized
access.
Create a Iow flow design, if allowed by regulatory agencies, that would
encourage flows in more limited areas during Iow-flow conditions.
Resolution No. P- 9 9-13
Page 7
=
Insure that the permits from the Army Corps of Engineers, Department of
Fish and Game and the San Diego Regional Water Quality Control Board
allow the channel to be maintained with the equipment that is used by
Iractors.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT
REDEVELOPMENT SERVICES.
OF
Establish a creek !, with appropriate deposits
made from the operating budget. This should provide for regular
maintenance of plant periodic de-silting, and an emergency
reserve for tree etc. that may be needed during years with high
precipitation.
Provide at least one letter from a qualified maintenance contractor which
affirmatively states that the requisite (plant materials and
de-silting) can be accomplished with the proposed design.
Add a provision to the Ground Lease requiring that the creek be maintained
by the Lessee, pursuant to the requirements of the various regulatory
agencies.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF
ENGINEERING SERVICES,
NT
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 sewer sewer cleanout, and sewer inspection fees
shall be paid prior to building permit issuance.
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
10.
11.
12.
Resolution No. P-99-:13
Page 8
City's Engineering Services Department for review and approval prior to
:a grading permit and start of grading operation. Rough grading
of th : be complete and shall meet the City's Engineering Services
inspector's approval prior 1 :a building permit.
Existing telephone, gas, electric, water, sewer, and other public utility lines
and appurl. 3all be shown on the grading plans.
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 slopes shall I: :2:1 (horizontal to vertical). There shall
be 5 feet between toe of slope and face of curb.
A final compaction report shall be submitted and approved prior
of building permits.
A certification of line and grade, prepared by the project civil engineer, shall
be submitted prior I I building permits.
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from Oct. 15th to April 15th. A Irol 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 : all Irol devices throughout their intended
life.
'REETS AND SIDEWALKS
All parking structural sections shall be submitted to and approved by the
Director of Engineering Services. Pavement sections shall conform to the
minimum required by the Poway municipal Code Section 12.20.080.
Street imp lall include, but are not limited to Sidewalk, Driveway,
Wheelchair ramps, Curb and gutter, Parking lot paving and Alley paving.
Applicant shall fully improve Pomerado Road per Poway Municipal code
including installation of traffic signals which will include installation of a safe
transition to the north. Any necessary street right-of way to the City for
Pomerado Road shall be made prior to certificate of occupancy.
Resolution No. P-99-13
Page 9
13.
All damaged off-site public works facilities, including parkway trees, shall be
repaired and replaced prior 1 :bonds and improvement, to the
** the Director of Engineering Services.
14.
Prior to any work performed in the public right-of-way or City-held
easements, a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to any permit
required.
15.
Driveways shall h ' ' ':lth of 30 feet and shall be designed as
an alley apron with ten foot minimum rad' :herwise approved by
the Director of Engineering.
L
16,
drains shall be required at I 3ecified by the Director of.
Engineering Services and in accordance with standard engineering
practices.
17.
A drainage system capable of handling and disposing all surface water
originating 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 and as required by the Director of
Engineering Services to properly the drainage.
18. Concentrated f~
driveways and/or sidewalk shall not be permitted.
19. On site valley gutters shall be ' ' : 3' wide.
20. No parking space shall be allowed within City ~ :herwise
approved by the Director of Engineering Services.
21.
Applicant shall comply with City of Poway, State and Federal Regulations
in regards to Storm Water Pollution control.
UTILITIES/OTHERS
22. All proposed utilities within the project shall be installed underground.
23.
Utility easements shall be provided to the specification of the serving utility
companies and the Director of Engineering Services.
-- Resolution No. P- 9 9 - 13
Page 10
24,
25.
26.
27.
28.
29.
Gf
30.
The developer shall be responsible for th
existing public utilities as required.
:1 undergrounding of
W ' :1 fire protection system shall be designed and constructed
to meet the req ' :the City of Poway and the County of San Diego
Department of Health.
The applicant shall pay 1' ),stem analysis, if required, 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 per the following table.
Water System Analysis fees are as follows, and they may change at any
time without prior notice:
One Fire Service
Two Fire Service
More than Two Fire
_ looped Onsite System
$1,250.00
$1,850.00
$2,80O.OO
Existing water, sewer, gas, electric, telephone and other public utility lines
and appud ~all be shown on the improvement plans.
Water main lines and appurtenances that will be installed at locations other
than within public street shall h I, ' ' ~ 20 feet wide
for each line, dedicated to the City of Poway and shall provide a warranty
bond for installation of th ' Is). The warranty bond is for a period
of 12 months.
Lot irrigation shall be designed I :late recycled water if it becomes
available. The property owner shall have the opportunity to connect to
recycled water if it b ~le.
IVALS
This approval is based on the existing site conditions represented on the
proposed site plan. If the actual conditions vary from rep ~' 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
$ ~ the Director of Engineering S :1 may require approval
of the City Council.
31. Prior to building permit' 3propdate water and sewer fees shall be
Resolution No. P- 99-13
Page 11
32,
33.
paid to the City's Engineering Services Department. These
in effect and are subject to change.
Sewer Connection Fee =$242,668.00
This fee is based on 102 dwelling units and
Iional building.
Sewer Cleanout
Sewer Inspection
Sewer Line Charge
=$50.00 Per cleanout
=$25.00 Per cleanout
=$13,420.00
Corresponding sizes 1' (but not less th ~ in size) shall
be determined by the applicantJdeveloper. Depending on the size of water
meters to be installed, the water fees shall be based on the following:
Meter Size Cost Lateral SDWA .
Fee*.
1" $270.00 $1,430.00 $4,527.00 $2,536.00
1.5" $600.00 Cost $7,042.00 $4,755.00
2" $1,775.00 Cost $11,317.00 $8,242.00
For :listed above, pi
:Engineering Services.
* This fee is subject to change without further notice. Applicable only to water
meter for d The amount to be paid shall be that in effect at time
of payment.
The following fees shall be paid or a security bond posted prior to issuance
of a building permit. If a security bond is posted, payment of the fees shall
be made prior I ~ a Certificate of Occupancy. Once payment is
received in full said security bond could be released to the applicant.
Traffic Mitigation
Drainage Fee
Park fee
=$67,320.00
=$122,400.00
=$214,200.00
For 102 dwelling units
For 102 dwelling units
Three lots shall be merged into one lot and the boundary adjustment in the
area of the emergency access shall be completed before occupancy is
granted.
-- Resolution No. P-99-13
Page 12
APPROVED and ADOPTED by the City Council of the City of Poway, State
of California, this 9th day of February, 1999.
ATTEST:
M~ch~
~_ t~ ' ~'~ City~lCler~
LoCi ~ne Peoples,
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. was duly
adopted by the City Council at a meeting of said City Council held on the qt-h day
of 1999, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY,
NONE
NONE
GOLDB~ 'l~
~'~n i e !!oples, Ci~ C~er~
City of Poway
CAFAGNA
N:\P