February 23, 2023, Item #7
M EMQRAN DLJ M City of Poway
ADDITIONAL MATERIALS
(Agenda Related Writings/Documents provided to City Council or Staff after distribution of the Agenda Packet for the February 21, 2023, Council Meeting) DATE:
TO:
FROM:
CONTACT:
February 21, 2023
Honorable Mayor and Members of the City Couno/J~A
Robert Manis, Director of Development ServicesfVV
JohnWilly Aglupos, Associate Planner
858-668-4661 or [email protected]
SUBJECT: Item #7-Conditional Use Permit (CUP) 20-004 and Development Review (DR) 20- 005; a request to construct and operate a three-story 36-room hotel on a 1.23- acre vacant lot located on 14082 Stowe Drive; APN: 323-481-19-00 and determination that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 Summary:
Staff is proposing some revisions to the Resolution included in the February 21, 2023 agenda report as Attachment A. The revised resolution is provided in strikeout/underline format as Attachment A to this Additional Material Report. The following is a summary of the revisions:
Conditions G.12 and 1.8 are deleted. This condition is not needed as all parking areas and drive aisles are existing and no new drive aisles are proposed. All drive aisles meet emergency access requirements.
Condition F.12(a) is revised to not require parking lot trees in the parking spaces adjacent to the east side of the proposed building. This parking area is existing and providing trees would likely impact the ADA parking spaces.
On page 13 of the resolution, two minor typo edits are made.
Attachments:
A. Revised Resolution in strikeout/underline format
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
1 of 16
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
February 23, 2023, Item #7
RESOLUTION
NO.
23-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
APPROVING
CONDITIONAL
USE
PERMIT
20-004
AND
DEVELOPMENT
REVIEW
20-005
FOR
THE
CONSTRUCTION
AND
OPERATION
OF
A
THREE-STORY
AND
35-FOOT-TALL
HOTEL
WITH
36 HOTEL
ROOMS
LOCATED
AT
14082
STOWE
DRIVE
WITHIN
THE
SOUTH
POWAY
COMMERCIAL
LAND
USE
DESIGNATION
OF
THE
SOUTH
POWAY
SPECIFIC
PLAN
AREA;
ASSESSOR
PARCEL
NUMBER:
323-481-19-00
WHEREAS,
the
City
Council
considered
Conditional
Use
Permit
(CUP)
20-004
and
Development
Review
(DR)
20-005;
a
proposed
three-story
hotel
contained
within
the
35-foot
height
building
(Project)
on
property
located
at
14082
Stowe
Drive
within
the
South
Poway
Commercial
(SPC)
land
use
designation
of
the
South
Poway
Specific
Plan
(SPSP)
area;
WHEREAS,
on
February
21,
2023,
the
City
Council
held
a
duly
advertised
public
hearing
to
solicit
comments
from
the
public,
both
for
and
against,
relative
to
CUP
20-004
and
DR
20-005;
WHEREAS,
the
City
Council
has
read
and
considered
the
agenda
report
for
the
proposed
Project,
including
the
attachments,
and
has
considered
all
other
evidence
presented
at
the
public
hearing;
and WHEREAS,
the
Poway
Municipal
Code
(PMC)
establishes
findings
required
for
granting
a
CUP
and
DR.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:
SECTION
1:
The
project
is
exempt
from
CEQA
as
a
Class
32 Categorical
Exemption
(In-Fill
Development
Projects)
pursuant
to
Section
15332
of
the
CEQA
Guidelines,
in
that
the
project
use
and
development
meets
the
general
plan
policies,
zoning
regulations
and
the
South
SPSP;
the
project
site
is
1.23-acres
which
is
not
more
than
five
acres;
the
existing
site
is
a parking
lot
that
contains
no
habitat
for
endangered
species; the
proposed
use
would
not
result
in
significant
effects
to
traffic,
noise,
air
quality
and
water
quality;
and
the
site
is
adequately
served
by
utilities
and
public
services.
SECTION
2:
The
City
Council
finds
the
proposed
Project
is
consistent
with
the
SPSP
generally,
including
the
SPC
land
use
designation.
SECTION
3:
The
findings,
in
accordance
with
Section
17.48.070
of
the
Poway
Municipal
Code
(PMC)
(findings
required
for
a conditional
use
permit),
for
CUP
20-004
are
made
as
follows:
A.
The
proposed
location,
size,
design,
and
operating
characteristics
of
the
proposed
use
is
in
accordance
with
the
title
and
purpose
of
Chapter
17.48 PMC
(Conditional
Use
Permits
Regulations),
the
purpose
of
the
zone
in
which
the
site
is
located,
the
City
general
plan
and
the
development
policies
and
standards
of
the
City
in
that
hotels
are
permitted
as
a
conditional
use
within
the
SPC
land
use.
The
proposed
project
meets
all
City
development
standards.
2 of
16 ATTACHMENT
A
February 23, 2023, Item #7
Resolution
No
. 23-
Page
2 B.
The
location,
size
, design,
and
operating
characteristics
of
the
proposed
use
will
be
compatible
with
and
will
not
adversely
affect
or
be
materially
detrimental
to
adjacent
uses,
residents,
buildings,
structures,
or
natural
resources
in
that
all
business
operations
will
occur
inside
the
proposed
hotel
with
parking
and
circulation
occurring
within
the
parcel
boundaries
and
adjoining
parcel
boundaries
at
14068
Stowe
Drive.
As
described
under
a
reciprocal
access
and
parking
agreement,
the
project
will
have
access
to
77 parking
spaces,
54 of
which
are
either
completely
or
partially
on-site
and
23 of
which
are
on
the
adjoining
parcel
at
14068
Stowe
Drive
.
C.
The
proposed
use
is
in
harmony
with
the
scale,
bulk,
coverage,
and
density
is
consistent
with
the
adjacent
uses
in
that
the
proposed
hotel
will
be
in
a
building
that
meets
the
allowance
for
the
SPC
zone.
D.
There
are
adequate public
facilities,
services
and
utilities
available
at
the
subject
site
to
serve
the
proposed
use.
E.
There
will
not
be
a
harmful
effect
upon
desirable
neighborhood
characteristics
in
that
the
proposed
architectural
style
of
the
hotel
is
contemporary
with
similar
forms,
massing,
materials,
and
colors
found
within
surrounding
developments
. The
hotel
is
compatible
with
the
SPSP
guidelines
.
F.
The
generation
of
traffic
will
not
adversely
impact
the
capacity
and
physical
character
of
the
surrounding
streets
and/or
the
Circulation
Element
of
the
General
Plan
in
that
the
parking
evaluation
demonstrated
that
the
36-room
hotel
will
generate
less
vehicle
trips
than
those
generated
for
a
restaurant
previously
considered
for
the
site.
G.
The
site
is
suitable
for
the
type
and
intensity
of
use
and
development
that
is
proposed
in
that
the
required
39 parking
spaces
can
be
accommodated
by
the
54 parking
spaces
on
site
in
addition
to
the
23 shared
parking
spaces
on
the
adjacent
hotel
parcel
at
14068
Stowe
Drive.
H.
There
will
not
be
significant
harmful
effects
upon
environmental
quality
and
natural
resources
in
that
the
site
was
previously
graded
and
partially
developed
and
contains
no
natural
habitat.
I.
There
are
no
relevant
negative
impacts
of
the
proposed
use
that
cannot
be
mitigated
.
J.
The
impacts,
as
described
in
subsections
A
through
I of
this
Section,
and
the
proposed
location,
size
,
design
,
and
operating
characteristics
of
the
proposed
use
and
the
conditions
under
which
it would
be
operated
or
maintained
will
not
be
detrimental
to
the
public
health,
safety
or
welfare,
or
materially
injurious
to
properties
or
improvements
in
the
vicinity
, nor
be
contrary
to
the
adopted
General
Plan
.
K.
The
proposed
conditional
use
will
comply
with
each
of
the
applicable
provisions
of
this
title
.
SECTION
4:
The
findings
to
approve
DR
20-005,
in
accordance
with
the
Poway
Municipal
Code
(PMC)
Chapter
17 .52
, are
made
as
follows:
A.
The
building
form
has
been
designed
with
the
existing
graded
site
topography
which
allows
the
land
to
be
engaged
in
an
architectural
representation
and
minimizes
the
impact
3 of
16 February 23, 2023, Item #7
Resolution
No.
23-
Page
3 upon
the
topography
and
environment;
therefore,
the
proposal
recognizes
and
respects
the
interdependence
of
land
values
and
aesthetics
and
provides
a
method
by
which
the
City
may
implement
this
interdependence
to
its
benefit.
B.
The
elements
of
site
planning,
such
as
site
consideration,
building
placement,
parking
,
circulation,
and
landscape,
for
the
proposal
has
been
taken
into
account
which
allows
proper
structure
arrangement
on
the
land
and
shaping
of
spaces
between
. The
orientation
and
placement
of
the
building
is
created
such
that
the
fac;ade
along
the
public
right-of-way
has
appropriate
architectural
treatment
while
the
parking
and
vehicle
circulation
is
within
the
interior
of
the
lot
thus
creating
a
pedestrian-oriented
public
realm;
therefore,
the
proposal
demonstrates
the
orderly
and
harmonious
appearance
of
structures
and
property
within
the
City
along
with
associated
facilities.
C.
The
hotel
is
consistent
with
the
existing
and
surrounding
development
and
meets
the
general
plan
guidelines
and
development
standards
such
as
developing
and
designing
a
hotel
within
the
required
site
envelope
created
by
City's
development
standards;
therefore,
it
will
maintain
the
public
health,
safety
and
general
welfare,
and
property
throughout
the
City.
D.
The
proposed
building
fits
the
purpose
for
which
it
is
designed
(hotel
within
the
South
Poway
Commercial),
designed
to
be
soundly
built
and
durable,
and
provides
natural
materials,
neutral
color
schemes,
and
uniform
architectural
articulations
indicative
of
a
contemporary
style
hotel;
therefore,
the
proposed
development
respects
the
public
concerns
for
the
aesthetics
of
development.
E.
The
proposed
development
has
been
designed
in
response
to
its
specific
build
and
natural
environment
by
staying
within
the
required
site
envelope
created
by
City's
development
standards and
general
plan
while
balancing
the
use
of
the
previously
graded
lot;
therefore,
the
proposal
does
not
have
an
adverse
aesthetic,
health,
safety
or
architecturally
related
impact
upon
existing
adjoining
properties,
or
the
City
in
general.
F.
The
proposal
has
considered
building
form,
site
planning,
architecture,
context,
and
health
and
safety,
which
complies
with
the
provisions
of
the
Zoning
Ordinance
and
the
intent
of
SPC
zone
in
the
South
Poway
Specific
Plan-diverse
commercial
uses
to
serve
the
office
and
retail
needs
of
employees
within
the
South
Poway
community
and
travelers
on
Scripps
Poway
Parkway
.
SECTION
5:
The
findings,
in
accordance
with
Government
Code
Section
66020
for
the
public
improvements
needed
as
a
result
of
the
proposed
development
to
protect
the
public
health,
safety
and
welfare,
are
made
as
follows:
A.
The
design
and
improvements
of
the
proposed
development
are
consistent
with
all
elements
of
the
Poway
General
Plan,
as
well
as
City
Ordinances,
because
all
necessary
facilities
will
be
available
to
serve
this
Project.
B.
The
construction
of
public
improvements
is
needed
as
a
result
of
the
proposed
development
to
protect
the
public
health,
safety
and
welfare
as
further
described
in
the
conditions
of
approval.
C.
In
accordance
with
the
Poway
General
Plan,
the
Project
requires
the
payment
of
development
impact
fees,
which
are
assessed
on
a
pro-rata
basis
to
finance
4 of
16 February 23, 2023, Item #7
Resolution No. 23-
public infrastructure improvements, which promote a safe and healthy environment for the residents of the City.
SECTION 6: The City Council hereby approves CUP 20-004 and DR 20-005, in as shown on the approved plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A", and dated January 23, 2023 on file in the Development Services Department except as noted and subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant.
B. This approval is based on the existing site conditions and proposed Project details represented on the plans stamped "Exhibit A", and dated January 23, 2023 on file in the Development Services Department. If actual conditions and details vary from representations, the approved plans must be changed to reflect the existing site conditions and proposed Project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans.
C. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels.
D. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site.
E. The conditions for the Project shall remain in effect for the life of the subject property and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner.
F. Prior to issuance of a Building Permit, the applicant shall obtain approval of a Grading Permit. Compliance with the following conditions is required prior to issuance of the Grading Permit:
(Engineering)
1. Submit a precise grading plan for the development of the lot prepared on a City of 5 of 16
February 23, 2023, Item #7
6 of 16
Resolution No. 23-
Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. The plans shall use vertical datum NAVD88. Please be aware that all elevations in the Poway Benchmark list are datum NGVD 29 and will need to be , converted. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit.
Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the Poway Municipal Code shall be submitted. The applicant shall pay the grading permit and plan check fee according to the latest adopted master fee schedule.
2. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development.
3. A drainage study addressing the impacts of the 100-year storm event prepared by a licensed Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer.
4. Water Quality Control -Design and Construction
The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. Two copies of a final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved.
Once the final SWQMP is approved;
a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version. b. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in section 16.104 of the Poway Municipal Code.
5. Grading securities shall be posted with the City prior to grading plan approval per section 16.46.080 of the Poway Municipal Code. A minimum cash security of $2,000 is required in all instances.
6. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule.
7. Following approval of the grading plans, posting of securities and fees, and receipt of four copies of the approved plans, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer along with four copies of the approved grading plans. The applicant's action plan that identifies measures to be implemented during construction to address erosion, February 23, 2023, Item #7
7 of
16 Resolution
No.
23-
Page
6 sediment
and
pollution
control
will
be
discussed
.
Compliance
for
sediment
control
shall
be
provided
as
directed
by
the
project
inspector.
8. Prior
to
start
of
any
work
within
a
City-held
easement
or
right-of-way,
a
Right-of-Way
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.
All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.
9. Construction
staking
is
to
be
inspected
by
the
Engineering
Inspector
prior
to
any
clearing,
grubbing
or
grading
.
At
a
minimum,
all
protected
areas
as
shown
on
the
approved
grading
plans
are
to
be
staked
under
the
direction
of
a
licensed
land
surveyor
or
licensed
civil
engineer
and
delineated
with
lathe
and
ribbon.
As
applicable,
provide
two
copies
of
a written
certification,
signed
and
sealed
in
accordance
with
the
Business
and
Professions
Code,
by
the
engineer
of
record
stating
that
all
protected
areas
have
been
staked
in
accordance
with
the
approved
plans
.
(Planning) 10
.
Label
and
dimension
all
surface
improvements
(e
.g., walkways
, patios
, landscape
areas)
. The
grading
plan
shall
indicate
the
location
of
the
projects
required
trash
enclosure
area.
The
area
shall
be
an
adequate
size
to
accommodate
recycled
material
and
composting
bins
in
addition
to
the
trash
dumpster
.
11 .
A
Tree
Removal
Permit
shall
be
obtained
prior
to
the
removal
of
all
existing
trees.
A
separate
permit
is
required
for
trees
within
the
public
right-of-way
and
trees
located
on
private
property.
The
removal
of
both
public
and
private
trees
shall
conform
to
Chapter
12 .32
(Urban
Forestry)
Articles
II and
Ill
of
the
PMC.
If the
trees
are
proposed
to
be
removed
during
the
recognized
nesting
season
for
birds
(February
15 through
August
15),
a nesting
bird
survey
shall
be
conducted
by
a qualified
biologist
and
report
the
findings
in
writing
to
the
City
.
Between
February
15 and
August
15,
removal
of
trees
containing
nests
shall
be
delayed
until
such
time
as
the
nest(s)
have
been
abandoned
unless
the
removal
can
be
completed
in
accordance
with
California
State
codes
and
the
Federal
Migratory
Bird
Treaty
Act
of
1918.
12. Landscape
and
irrigation
on-site
and
within
the
right-of-way
fronting
the
property
shall
be
provided
in
accordance
with
the
SPSP
and
the
Poway
Landscape
and
Irrigation
Design
Manual.
Plans
shall
be
submitted
and
a
minimum
of
one
staff
review
shall
be
completed
prior
to
issuance
of
a
grading
permit.
The
landscape
and
irrigation
plans
shall
demonstrate
compliance
with
the
City
of
Poway
Landscape
and
Irrigation
Design
Manual,
PMC
Chapter
17.41,
and
all
other
applicable
standards
in
effect
at
the
time
of
landscape
and
irrigation
plan
check
submittal.
The
landscape
and
irrigation
plan
submittal
is
a
separate
submittal
from
other
Project
plan
check
submittals,
and
is
made
directly
to
the
Planning
Division.
Contact
the
Planning
Division
for
copies
of
applicable
City
standards,
the
landscape
and
irrigation
plan
submittal
checklist
and
the
plan
review
fee
worksheet.
Landscape
and
irrigation
plan
review
fees
are
required
and
are
the
responsibility
of
the
applicant.
a.
A
minimum
of
one
15-gallon
tree,
per
City
specification,
shall
be
provided
for
every
three
parking
spaces
except
for
park
ing
spaces
adjacent
to
the
east
side
of
the
proposed
build
ing
.
Tree
wells
may
be
used
to
satisfy
the
parking
lot
tree
planting
requirement.
Said
trees
shall
be
located
to
provide
shade
cover
for
the
vehicles
where
practical.
February 23, 2023, Item #7
8 of 16
Resolution No. 23-
b. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one (4:1).
c. The plans shall include shrubs to provide screening of the parking areas as seen from adjacent public streets.
d. Any landscaped areas within the adjacent Stowe Drive public right-of-way shall be permanently and fully maintained by the owner. The landscaping plan shall incorporate a minimum one 24-inch box tree for every 30 feet of frontage along the public right-of-way.
e. All existing irrigation and landscaping within any designated Scripps Poway Parkway Landscape Maintenance District (LMD) shall be protected to the greatest extent possible. Any LMD to be disturbed shall be shown on the landscape plans. These disturbed areas shall be restored per the previously approved landscape plans or proposed revisions shall be part of the landscape plan review.
f. Calipers, heights, and spreads at 15-year maturity shall be specified on the landscape plan and shall be to the satisfaction of the Development Services Director.
13. Use of recycled water will be required for on-site landscape and irrigation. Each site shall have a designated user supervisor who has attended the San Diego County Water Authority's user supervisor class. The County of San Diego Department of Environmental Health (DEH) will assess fees for the following activities:
a.
b.
C.
Site Plan Check
Shut Down Test**
Title 22 Inspection
$400 avg. costs*
$320 avg. costs*
$ 80 avg. costs*
* Based on full cost recovery, actual fee amount may vary. ** Shut down test is required at initial installation and at least every four (4) years intervals on sites with both recycled and potable water. (Public Works)
14. A new recycled water service shall be installed and the existing shared recycled water service with the adjoining parcel that provides irrigation to the parcel shall be vacated. A new landscaping irrigation controller shall be installed on site. The DEH shall review plans for the new irrigation system in addition to the alteration to the existing shared irrigation system with the adjoining parcel. An inspection of all irrigation work will be required with the approved Landscape Plan. Both irrigation systems must be high lined to potable construction meter until complete and a cross connection test is performed.
15. All existing irrigation and landscaping within any designated Landscape Maintenance District (LMD) and Land Development Association (LOA) areas shall be protected to the greatest extent possible. Any LMD and LDA areas to be disturbed shall be shown on the landscape plans. These disturbed areas shall be February 23, 2023, Item #7
Resolution No. 23-
restored per the previously approved landscape plans or proposed revisions shall be part of the landscape plan review.
G. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with:
9 of 16
(Engineering)
1. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City.
2. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life.
3. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following:
a. Two copies of certification of line and grade for the lot, prepared by the civil engineer of work.
b. Two copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
4. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer, in accordance with the submittal and content requirements listed in the Poway Municipal Code shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100% complete at the time of submittal and ready for approval. The applicant shall pay the improvement plan check fees according to the latest adopted master fee schedule.
The plan shall include, at a minimum, the following features:
a. 8-inch public water main to loop to the existing water main in the parking lot. b. 6-inch fire service and RPDA.
5. A plat and legal description for a minimum 20-foot-wide water easement shall be submitted to accommodate the public water main and fire service on the project site.
6. The applicant shall enter into a Standard Agreement for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for public improvements in accordance with the Poway Municipal Code Section 16.20.
February 23, 2023, Item #7
Resolution
No
. 23-
Page
9 7.
The
applicant
shall
pay
all
applicable
development
impact
fees
according
to
the
latest
adopted
master
fee
schedule
at
time
of
permit
issuance.
(Planning)
8. Trash
receptacles
shall
be
enclosed
by
a
six-foot-high
masonry
wall,
with
view
obstructing
gates
, and
shall
provide
an
area
for
recyclable
materials
and
compost
bins
(SB1383)
.
Enhanced
exterior
treatments
to
the
trash
enclosure
shall
be
provided
and
shall
be
architecturally
compatible
with
the
buildings
.
Locations
and
exterior
treatments
shall
be
subject
to
approval
by
the
Planning
Division
.
9. All
roof
appurtenances,
including
air
conditioners,
shall
be
architecturally
integrated
,
screened
from
view,
and
sound
-buffered
from
adjacent
properties
and
streets
as
required
by
the
Planning
Division
.
10. The
applicant
shall
comply
with
the
latest
adopted
construction
related
codes,
and
all
other
applicable
codes
and
ordinances
in
effect
at
the
time
of
Building
Permit
issuance
.
11. The
colors
and
materials
on
the
building
shall
be
consistent
with
the
approved
colors
on
file
in
the
Planning
Division.
12 .
All
two
way
traffic
aisles
shall
be
a
minimum
of
25 feet
wide
.
~~
All
parking
spaces
shall
be
double
striped
. The
minimum
dimensions
for
standard
sized
parking
stalls
shall
be
eight-foot
six-inches
x
18-foot
six-inches
per
the
SPSP.
The
parking
lot
design
shall
comply
with
the
Americans
with
Disabilities
Act
for
accessible
spaces,
with
one
van
-accessible
space
.
Parking
lot
lights,
wall
mounted
lights
and
landscape
accent
lights
shall
be
required
and
shielded
per
the
SPSP
and
PMC
standards.
Wall-mounted
security
lights
shall
only
be
used
on
the
rear
or
interior
sides
of
buildings
. A
photometric
analysis
shall
be
provided
after
lighting
installations
to
restrict
light
trespass
and
limit
glare
onto
the
adjacent
public
roads
and
onto
existing
neighboring
properties
to
the
satisfaction
of
the
Director
of Development
Services
.
44.-Jl_
AII
parking
stalls
shall
observe
a
minimum
25-foot
setback
from
the
right-of-way
.
4-a-:-~
Signs
shall
be
proposed
and
approved
under
separate
permits
.
4-e:-§_
The
landscape
and
irrigation
plans
on-site
and
within
the
right-of-way
fronting
the
property
shall
be
approved
in
conformance
with
the
City's
Landscape
and
Irrigation
Design
Manual.
4-7-:-~
School
impact
fees
shall
be
paid
at
the
rate
established
at
the
time
of
Building
Permit
Issuance. Please
contact
the
Poway
Unified
School
District
for
the
latest
fee
information
.
(Building)
48-,..1L.._
The
plans
shall
comply
with
the
current
addition
of
the California
Building
Code,
10 of
16 February 23, 2023, Item #7
Resolution No. 23-
Electrical Code, Mechanical Code, Plumbing Code and Title 24 at date of submittal to the Building Division for review.
H. Compliance with the following conditions is required prior to occupancy and release of securities:
(Engineering)
1. The stormwater facilities shall be complete and operational prior to occupancy.
2. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy.
3. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted.
4. All utility services shall be installed and completed by the property owner and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground.
5. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval.
6. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector.
7. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project.
8. The applicant must complete upgrades of all driveways as shown on the site plan to be ADA complaint. Applicant must be approved for Right-of-Way permit prior to start of construction.
9. After completion of all work, record drawings for both the grading and improvement plans, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of all record drawings is required prior to issuance of occupancy and release of grading and improvement securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning)
10. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance.
11. Landscaping and irrigation on-site and within the right-of-way fronting the property shall be installed per the approved landscape plans.
11 of 16
February 23, 2023, Item #7
Resolution No. 23-
12. Prior to any use of the Project site, or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Development Services.
(Public Works)
13. The existing shared recycled irrigation connection shall be abandoned. Applicant will incur all costs associated with cross-connection testing. New irrigation system shall be highlined with potable water until cross-connection tests are complete and the site is approved to operate recycled water for irrigation.
I. Upon occupancy the following conditions of CUP 20-004 shall apply:
1. All landscaped areas on-site and shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted.
2. Any fences, walls or signs proposed for this development shall be designed and approved in conformance with the SPSP and to the satisfaction of the Director of Development Services.
3. Uses established on the subject property shall comply with all zoning/SPSP standards applicable to the property for the life of the Project.
4. The parking areas and driveways shall be well maintained and kept free from trash and debris. Any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight.
5. Trash receptacles shall be enclosed by a six-foot-high masonry wall with view obstructing gates. Locations shall be subject to approval by the Planning Division.
6. All parking lot landscaping shall include a minimum of 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 separated from vehicular areas by a six-inch-high, six inch-wide Portland concrete cement curb.
7. All parking spaces shall be double striped. The minimum dimensions for standard parking stalls shall be 8.5' x 18.5'. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces with one van accessible space.
A minimum of 39 parking spaces shall be provided by either on-site parking spaces and off-site parking spaces provided by the Reciprocal Access and Parking Agreement with the adjoining parcel located at 14608 Stowe Drive.
8. All tv.10 way traffic aisles shall be a minimum of 25 feet wide. A minimum 25 foot wide emergency vehicle access shall be provided in accordance with Safety Services Department requirements.
9-:_8._Parking lot lighting and security lighting shall comply with Chapter 17 .10.150(H) of the PMC.
12 of 16
February 23, 2023, Item #7
Resolution No. 23-
40:-LAII roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view, and sound buffered from adjacent properties and streets as required by the Planning Division.
44-:-.1.Q:.._The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 42-:-11.__ The use of the facility shall be limited to activities described in the application. The lounge and outdoor facilities is limited to hotel guests and shall not be operated as a restaurant or drinking establishment that is open to the public. 4-J.:..1.i0 _ _The activities of the facility shall not occur in such a manner as to create adverse impacts on the circulation and parking on surrounding streets.
44.-~ The facility shall be operated in such a manner as to minimize any possible disruption caused by noise and shall comply with noise standards contained in Chapter
8.08 of the PMC. At no time, shall noise from any source exceed the noise standards defined in the PMC.
4--a:-~No outdoor storage, display or activities shall occur onsite except through approval of the appropriate permits.
J. The following conditions shall be complied with as required by Public Services:
13 of 16
1. Any irrigation and/or vegetation damaged during construction shall be repaired/replaced at the cost of the contractor.
2. All trash treatment control devices and storm drain maintenance will be the property owner's responsibility.
3. Protect Stowe/Scripps Poway Parkway signal and Stowe Streetlight, LMD 19-1 landscaping and irrigation in place. Any damage done to LMD 19-1, the traffic signal or streetlight will be repaired at property owner's expense.
4. Plans to reference installation of Highline Bypass Assembly. This assembly will allow a temporary connection to an auxiliary source of water in the case of an emergency.
It also enables continued potable water service to the site during Regulatory Recycled Water Shutdown Inspections. See attached recommended drawing on attachments page.
5. Return Completed FSEWDP (Food Service Establishment Wastewater Discharge Permit) Application, Employee Training Log, and GRE (Grease Trap/Interceptor) Cleaning Log. Ensure correctly sized and properly installed GRE (Grease Trap/Interceptor) is onsite, utilized and maintained. Submitted plans should reference correct size, type, location of installation, and all applicable tie-ins. Plans to be submitted to Development Services and County DEH. Schedule A Site Inspection Before The First Day of Business. (858) 668 4735.
6. Any damaged recycled water irrigation to be repaired with approved materials in accordance with original approved plans and agreement with the City Of Poway. Any February 23, 2023, Item #7
Resolution No. 23-
major amendments to existing recycled irrigation systems to be marked in red. Copies of plans to be submitted to Poway Development Services and to the County Of San Diego DEH. Any damage to surrounding private irrigation (City Of Poway LMD, Hampton Inn) is to be repaired with approved materials, in accordance with the City of Poway Site User Agreement and to the Satisfaction of the appropriate party. bf-K__ The following conditions shall be complied with to the satisfaction of the Director of Safety ServicesFire Department:
1. The required fire flow shall be according to Appendix B of the 2022 California Fire Code, and, approved by the City. The water supply may require approved improvement to include the addition of water mains and fire hydrants as determined and approved by the Fire Department. A new fire hydrant may be required based on location of fire service underground and FDC.
2. The approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site.
3. Prior to the delivery of combustible building material on site, the approved vehicle access, including driveways, for firefighting shall be installed, satisfactorily pass all required tests and approved by the City. All accesses shall be provided within 150- feet of all construction areas. Use of temporary vehicle access for firefighting shall require plan submittal, review, and approval by the City.
4. The project 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 clearance. This 20-foot access width is the minimum required for Fire Department emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. The Fire Chief, pursuant to the City of Poway Municipal Code, shall approve the road surface type.
5. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings.
6. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12-percent) or as approved by the fire code official.
7. All dead-end fire access roads greater 150-feet in length shall be provided with approved provisions that allow emergency apparatus to turn around.
8. The building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the propertyJrom either direction of approach. Said numbers shall contrast with their background and a size approved by the City.
9. The building is required to be equipped with an approved fire sprinkler system according to Poway Municipal Code requirements. The fire sprinkler system shall be designed to meet California Fire Code and NFPA standards. All systems are required to be monitored by a central monitoring company. Backflow valve assemblies with 14 of 16
February 23, 2023, Item #7
Resolution No. 23-
tamper switches shall be monitored. The City Deputy Fire Marshal shall approve location of these fire protection devices prior to installation. Two separate plan submittals to the fire department will be required, one for the fire service underground and a second for fire sprinkler design.
10. Fire sprinkler riser(s) shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser."
11. Approved signage is required for fire sprinkler valves, fire alarm room, fire department connections, and backflow control valves.
12. A properly licensed contractor shall install an automatic fire alarm system to approved standards according to the Poway Municipal Code. The system shall be installed according to NFPA 72. The fire alarm system shall include, emergency voice/alarm communications, smoke detection, occupant notification, 1 manual fire alarm box (pull station), duct detection, annunciation, 7 sleeping rooms with visible notification. The system shall be completely monitored by a UL listed central station alarm company or proprietary remote station. A plan submittal to the fire department is required.
13. A 'Knox' Security Key Box shall be required for the building at locations determined by the City Deputy Fire Marshal.
14. 2A 1 0BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance.
15. At least one elevator installed in the building shall be sized to accommodate a normal hospital gurney. Minimum dimensions for the inside car platform shall meet the "Medical" size standards per the California Building Code.
16. If commercial cooking appliances are to be used and create any grease laden vapors, then the installation of a fire suppression system and commercial kitchen hood & duct shall be provided and approved by the Fire Department via a separate plan submittal.
17. Smoke alarms shall be installed to meet the current California Fire and Building Codes.
18. Carbon monoxide alarms shall be installed to meet the current California Fire and Building Codes.
SECTION 7: The approval of CUP 20-004 and DR 20-005 shall expire February 21, 2025, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property unless prior to the expiration, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council.
SECTION 8: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
15 of 16
February 23, 2023, Item #7
Resolution
No.
23-
Page
15 PASSED,
ADOPTED
AND
APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway
, California
on
the
21st
day
of
February
2023
by
the
following
vote
, to
wit:
AYES: NOES: ABSTAINED
:
ABSENT: DISQUALIFIED:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher
, CMC
, City
Clerk
16 of
16