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July 16, 2024, Item #18
M EMQRAN DLJ M CityofPoway
ADDITIONAL MATERIALS
(Agenda Related Writings/Documents provided to City Council or Staff after distribution of the Agenda Packet for the July 16, 2024 Council Meeting)
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
July 16, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services
Stan Donn, City Planner
858-668-4604 or [email protected]
Corrected Attachment C (Resolution Approving Development Review (DR) 22-0002 and Conditional Use Permit (CUP) 22-0004) to Item 18
In reviewing the materials posted for Item 18 on the City Council's July 16, 2024 agenda, staff discovered that an outdated version of Attachment C was inadvertently included in the agenda packet.
The corrected, updated version that will be considered by the City Council tonight is attached hereto as Attachment A replacing the original Attachment C from the Agenda Report.
Attachment:
A. Resolution Approving Development Review (DR) 22-0002 and Conditional Use Permit (CUP) 22-0004 (Attachment C to Item 18)
Reviewed/Approved By:
w€rJY aserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
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July 16, 2024, Item #18
ATTACHMENT A
RESOLUTION
NO.
24-052
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
APPROVING
CONDITIONAL
USE
PERMIT
(CUP)
22-0004
AND
DEVELOPMENT
REVIEW
(DR)
22-
0002,
A
MODIFICATION
OF
CUP
19-005
AND
DR
19-001,
TO
ALLOW
THE
CONSTRUCTION
OF
A
RECREATIONAL
FITNESS
CLUB
ON
A
6.87-ACRES
SITE;
ASSESSOR'S
PARCEL
NUMBER
273-932-25-00
WHEREAS,
on
June
16,
2020,
the
City
Council
of
the
City
of
Poway
approved
The
Farm
in
Poway
Specific
Plan
(SPP)
18-001
and
associated
entitlements
General
Plan
Amendment
(GPA)
19-001,
Zone
Change
(ZC)
19-001,
Zoning
Ordinance
Amendment
(ZOA)
20-001,
and
certified
the
associated
Final
Environmental
Impact
Report
(FEIR)
(SCH#2019059048)
(EA
19-
001
),
which
allowed
the
subdivision
of
117
acres
of
land,
and
construction
of
160
homes
with
recreational,
agricultural,
and
commercial
amenities
with
related
site
and
public
street
improvements
at
the
site
of
the
decommissioned
StoneRidge
Country
Club,
subject
to
and
conditioned
on
a
ratification
by
a
majority
vote
of
the
people
of
the
City
of
Poway;
WHEREAS,
on
July
16,
2024,
the
City
Council
considered
a
request
from
applicant
Life
Time
Fitness
for
Conditional
Use
Permit
(CUP)
22-0004
and
Development
Review
(DR)
22-0002,
which include
modifications
of
the
previously
approved
CUP
19-005
and
DR
19-001,
to
allow
the
use
and
construction
of
a
30,500
square-foot
recreational
club
and
amenities,
in
the
OS-R
land
use
district
of
The
Farm
In
Poway
Specific
Plan
(TFIPSP)
(the
"Project");
WHEREAS,
on
July
16,
2024,
the
City
Council
held
a
duly
advertised
public
meeting
to
solicit
comments
from
the
public,
both
for
and
against
, relative
to
this
application;
WHEREAS,
concurrently
with this
action,
the
City
Council
considered
additional
approvals
required
to
allow
the
development
of
the
Project,
including
an
amendment
to
the
TFIPSP
(SPA
22-0001)
and
an
Addendum
to
the
previously
certified
TFIPSP
EIR
(SCH#2019059048);
WHEREAS,
pursuant
to
the
language
of
TFIPSP
and
Proposition
FF,
the
SPA
requires
ratification
by
a
vote
of
the
people
of
the
City
of
Poway,
and
therefore,
the
City
Council's
approval
of
Conditional
Use
Permit
(CUP)
22-0004
and
Development
Review
(DR)
22-0002
are
expressly
contingent
on
SPA
22-0001
being
approved
by
a
vote
of
the
people,
and
absent
such
vote,
shall
have
no
force
and
effect;
WHEREAS,
Section
17.48 .070
of
the
Poway
Municipal
Code
(PMC)
establishes findings
required
for
granting
a CUP
and
Section
17.52 .010
establishes
findings
for
granting
a
DR;
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
previously
approved
CUP
and
DR
plans
and
documents
are
available
on
file
in
the
Development
Services
Department,
also
known
as
the
site
and
conceptual
landscape
plans
and
the
architectural
and
civil
drawings
.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:
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July 16, 2024, Item #18
SECTION 1: The above recitals are true and correct.
Resolution No. 24-052
SECTION 2: Pursuant to the California Environmental Quality Act (CEQA Guidelines Section 15164, an Addendum has been prepared to the Final Environmental Impact Report (FEIR) (EA19-001) (State Clearing house Number 2019059048) for the TFIPSP project, which was previously certified by the City Council on June 16, 2020. The analysis from the FEIR, together with the analysis in the Addendum, support the conclusion that the addition of the recreational club and associated amenities (i.e., the Project) permitted by Conditional Use Permit (CUP) 22-0004 and Development Review (DR) 22-0002 will not result in any new significant impacts or significant impacts that would be more severe than those identified and analyzed in, the FEIR, nor are any other circumstances set forth in CEQA guidelines Section 15162(a) present that would allow or necessitate the preparation of a subsequent or supplemental EIR. Pursuant to CEQA Guidelines Section 15164(a), the City may rely on the FEIR updated with the Addendum, for documentation of the effects of the Project on the environment, as all of the proposed Project's significant impacts were fully disclosed, analyzed, and mitigated in the FEIR. In sum, the Project would not result in any new or increased significant impacts on the environment not already analyzed in, and fully covered by, the TFIPSP EIR, nor would it result in any other circumstances set forth in CEQA Guidelines section 15162(a), for all the reasons set forth in the Addendum and the remainder of the administrative record.
SECTION 3: The findings, in accordance with Section 17.48.070 of the PMC, to approve CUP 22-0004 are made as follows:
A. Conditions of Approval, previously approved in CUP 19-005 and DR 19-002 are considered to be active and run with The Club uses.
B. The proposed location, size, design and operating characteristics of the proposed Project as outlined in this resolution and in accordance with TFIPSP Section 3.2.3.B are in accord with the purpose and the development policies and standards of TFI PSP and the General Plan, in that the proposed facilities are compatible and have unifying architectural elements consistent with the topography and design of existing structures within the immediate vicinity.
C. The proposed uses are compatible with the location, size, design and operating characteristics of the surrounding residential neighborhoods. The proposed uses allow pedestrian and vehicular access to recreational, fitness, and commercial uses and will not adversely affect or be materially detrimental to, adjacent uses, buildings, structures, or natural resources.
D. There are public facilities, services and utilities available to the site to serve the uses proposed by the Project.
E. There are no harmful effects upon desirable neighborhood characteristics since there are landscape buffers and public amenities provided as a part of the proposed uses.
F. The increased traffic associated with the proposed uses will be mitigated with the installation of street improvements including bike and pedestrian improvements, and adaptive signal improvements that will increase level of service within the surrounding streets, as approved in CUP 19-005. The traffic will not adversely impact the capacity and physical character of surrounding streets and/or the circulation element of the General Plan.
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July 16, 2024, Item #18
Resolution No. 24-052
G. The site is suitable for proposed uses since they provide low density recreational and commercial uses.
H. The proposed uses involve no significant harmful effects upon environmental quality and natural resources.
I. There are no other relevant negative impacts associated with the proposed uses that are not mitigated.
J. The impacts, as described above, with the location, size, design and operating characteristics of the uses proposed by the Project and the conditions under which they operate or are 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 General Plan.
K. The proposed uses will comply with each of the applicable provisions of PMC Title 17, except as otherwise described in TFIPSP.
SECTION 4: The findings for DR 22-0002, in accordance with the PMC Section
17.52.010, Purpose of DR, are made as follows:
A. The proposed Project has been designed to be architecturally compatible with surrounding development and conforms to TFIPSP development standards and design guidelines.
There are varying building types and varying architectural styles, colors, and materials with the same or similar styles, colors, and materials in the surrounding area with unifying elements with the existing location. The proposed development complies with grading limitations of the General Plan. The development respects the interdependence of land values and aesthetics to the benefit of the City and surrounding area and provides a landscape buffer around the majority of the proposed project area.
B. The proposed Project has been designed to minimize impacts on surrounding development by utilizing a compatible architectural design consistent with TFIPSP.
Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City.
C. The proposed development will maintain the public health, safety and general welfare within the City and will meet City grading, building, and stormwater quality requirements, and comply with City standards for development within the Very High Fire Hazard Areas.
D. The granting of the DR would be cognizant of the public concerns for aesthetic development in that the development will consist of buildings and landscaping that will blend in with the natural setting in colors and design and will not distract from the existing natural land forms.
E. The proposed Project will not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties or the City in general, in that the proposed project will be similar to other development in the area, will comply with City design standards and meet City grading, building and stormwater quality requirements.
F. The proposed project generally complies with the vision and the provisions of the Zoning 5 of 21
July 16, 2024, Item #18
Ordinance and the General Plan.
Resolution No. 24-052
G. Since the site was previously disturbed and developed as a golf course country club, the City Council finds that the proposed project area does not meet the definition of "Hillside" as defined by PMC Section 16.101.050 since the "natural" gradients have been previously disturbed. As such, the proposed project is exempt from policies and regulations related to Hillside developments, specifically City Council Resolution No. 05-072 requiring limits to graded areas.
H. The proposed Project plans indicate walls and/or fences to exceed maximum allowable wall heights. The City Council approves the wall heights for noise abatement, screening, and buffering to adjacent residences.
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 Project are consistent with all elements of the Poway General Plan, as well as City Ordinances, because common facilities will be available to serve this proposed project and the general public.
B. The construction of public improvements is needed as a result of the proposed Project 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 proposed Project requires the payment of development impact fees, which are assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City and public street improvements are proposed to mitigate impacts to below a level of significance.
SECTION 6: The City Council finds that this CUP and DR are consistent with the General Plan and TFIPSP as amended by the proposed SPA22-0001, which maintains land use compatibility with the surrounding properties. All conditions of the original project remain in full force and effect, except as modified for The Club only.
SECTION 7: The City Council hereby approves and CUP 22-0004 and DR 22-0002 including the Proposed Uses as shown on the approved plans and dated July 16, 2024 on file in the Development Services Department, except as noted herein and subject to the following conditions:
A. Modifications to CUP 19-005 (applicable to The Club project only):
1. Amend Condition (8)(1)(29) to CUP 19-005 as follows:
a. A swimming pool, fitness equipment, recreation courts, and exercise classes shall be provided at the fitness club.
2. Amend the proposed plan and project details set forth in CUP 19-005 dated June 16, 2020 on file in the Development Services Department for The Club to reflect updated Site Plan for The Club.
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July 16, 2024, Item #18
3. Amend Condition K(12)(f) as follows:
Resolution No. 24-052
a. A minimum of one 15-gallon tree, per City specification, shall be provided for every three parking spaces.
b. Said trees shall be located to provide shade cover for the vehicles where practical.
c. For The Club, a minimum of one 15-gallon tree, per City specification, shall be provided for every four parking spaces.
4. Operating hours for The Club's indoor activities shall be between 5 a.m. to 10 p.m.
5. Operating hours for The Club's outdoor activities shall be between 7 a.m. to 10 p.m.
6. The use of recreational courts shall be limited to between the hours of 7 a.m. to 10 p.m.
a. No public recreational court tournaments shall be allowed.
7. The applicant shall provide an operational plan detailing all operations for The Club to the satisfaction of the Director of Development Services. a. The Club employees shall be trained on the importance of being sensitive to surrounding residential areas with activities and noise.
8. Noise:
a. The Applicant shall comply with the PMC and TFIPSP noise restrictions, making ongoing operational adjustments to ensure compliance. b. The operator shall put measures in place to control noise, particularly between 5 a.m. to 7 a.m. and after 9 p.m.
c. The noise level for The Club shall comply with Section 3.2.3(6) of the Specific Plan. Compliance with the PMC noise restrictions, including ongoing operational adjustments to ensure compliance. If complaints occur, the operator agrees to conduct noise monitoring at the request of City to demonstrate compliance and/or to adjust noise control measures.
9. Sale of alcohol to be limited to consumption on site in designated areas.
10. Childcare:
a. Shall only be available for members only during use of The Club, or as a part of a licensed day camp.
b. Day camp operation shall be limited to the hours of 7 a.m. to 8 p.m. c. Day camps shall include no more than 50 participants. 7 of 21
July 16, 2024, Item #18
Resolution No. 24-052
d. Childcare participants shall be accompanied by an adult while walking into and out of The Club during drop off and pick up and no vehicular drop off queue shall be allowed.
11. Parking lot:
a. Signage shall be included to remind members and employees to remain quiet. b. An area of the parking lot shall be designated for early arriving members and employees to park.
12. Outdoor illumination:
a. The use of outdoor illumination shall be limited to the hours of 7 a.m. and 11 p.m., except lighting required for security purposes, illumination of roadways, sidewalks, equipment yards and similar safety-related application. b. All lighting on the premises shall comply with TFIPSP and the PMC.
B. This approval is expressly contingent on SPA 22-0001 being approved by a vote of the people at the November 5, 2024 election, and absent a positive majority vote in favor of SPA-22-0001, shall have no force and effect
C. 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 reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the proposed Project, including, but not limited to, any action to attack, set aside, void, challenge, or annul the development approvals set forth in this resolution , any aspect of SPA 22-0001, DR 22-002, and CUP 22-0004,and any environmental document or decision made pursuant to CEQA, and any portion of the ballot materials, ballot question, impartial analysis, arguments and rebuttals in favor of the project, and any other challenge related in any way to the November 5, 2024 ballot measure concerning the Project. 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 of 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. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City.
D. This approval is based on the existing site conditions and proposed project details represented on the approved plans on file with the Development Services Department.
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.
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July 16, 2024, Item #18
Resolution No. 24-052
E. In accordance with PMC Section 16.50.020(F), any grading plan which proposes fill slopes having a vertical height of 30 feet or greater are subject to the review and approval of the City Council prior to permit issuance. Any adjacent retaining wall or crib wall height shall not be included in slope height calculations. The City Council hereby approves slopes with a vertical height of 30 feet or greater as shown on Sheet 7 of the civil drawings.
F. 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.
G. The proposed Project shall comply with all mitigation measures established under the certified FEIR as specified in the Addendum and the previously approved Mitigation Monitoring and Reporting Program (MMRP).
H. The conditions for the proposed 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.
I. Within 90 days of voter approval, unless other timing is indicated, compliance is required with all applicable conditions.
J. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be met:
(Engineering) (approved as a part of The Farm approval from June 2020)
1. The public improvement plan shall be approved and the Applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The Applicant will be responsible for posting securities for monumentation and public improvements.
2. The Applicant shall provide written permission stating approval or granted easements from adjacent properties owners for any proposed work on adjacent properties.
3. The proposed slopes, terraces, and terrace ditches shall follow PMC Section
16.50.120, except where otherwise determined by the City Engineer and the Director of Development Services.
4. This project is subject to the Trash Amendment, as defined by the San Diego Regional Water Quality Control Board Permit Order Number R9-2017-0077. This requires trash treatment control devices to be installed, the preparation of a recorded Storm Water Trash Treatment Facilities Maintenance Agreement, perpetual maintenance of facilities and an easement granted to the City. The applicant will be required to install trash treatment control devices inside all existing and proposed storm drain inlet structures onsite and downstream of any new development offsite. Please call out the devices on the plans and include the necessary information the SWQMP. Please see the complete list of approved trash treatment control devices at:
https://poway. org/963/Stormwater-F orms
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July 16, 2024, Item #18
(Planning)
Resolution No. 24-052
5. The conditions of approval of CUP 19-005 and DR 19-001 and this modification, CUP 22-0004 and DR 22-0002, shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs and transferees of the current property owner.
6. CUP 22-0004 and DR 22-0002 may be subject to annual review, as determined by the Director of Development Services for compliance with these conditions of approval and to address unresolved operational concerns that may have been raised during the prior year.
7. Prior to opening of business, the Applicant shall obtain a Business Certificate through the Customer Services Department with the City. Prior to a Business Certificate issuance, the Applicant shall comply with the following:
a. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City department(s) will be required.
8. The proposed Project shall comply with all mitigation measures established under the certified FEIR as specified in the MMRP.
9. Stamped and stained decorative concrete paving is required at all pedestrian crossings and is encouraged in parking areas in direct traffic flow to delineate pedestrian areas and provide visual relief from large areas of asphalt. Parking stalls, not aisles or accessways, shall be ADA compliant Decomposed Granite (DG).
10. Show fencing, gates, and access to refuse areas and mechanical equipment, including HVAC systems. Screening for rooftop equipment is required.
11. All refuse areas shall have a trash enclosure as applicable and provide for recycling and compost bins (SB 1383). Refuse containers for residential uses shall be stored outside the front yard setback area behind fences with gated access. An EDCO "Will Serve" letter is required.
12. Show the location and height of all retaining walls showing changes in heights.
Provide details of all engineered walls, including type of wall or fence and materials.
Some walls and fences are proposed to exceed the required 6'-0" maximum height.
Clearly indicate all walls. A separate wall/fence permit will be required.
13. All fencing shall be shown on the grading plans. Show all height, location and materials of fencing proposed.
14. Wherever off-street parking areas are situated across the street from property in a residential zone, a masonry wall or berm three feet in height or a portion of the proposed perimeter wall shall be erected in the landscaped area between the required landscape area and the parking area to adequately screen said parking areas from the residential properties.
15. All utility connections shall be designed to coordinate with the architectural elements 10 of 21
July 16, 2024, Item #18
Resolution No. 24-052
of the site and to not be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment.
16. Label and dimension all surface improvements (e.g., walkways, patios, landscape areas).
17. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 and 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.
K. The Applicant shall obtain approval of a Grading Permit for this Project. Prior to issuance of a Building Permit, the applicant shall comply with the following:
(Engineering)
1. Submit a precise grading plan for the development of the lot prepared on a City of 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 on line portal for review and approval. The grading design shall be 100 percent 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 PMC shall be submitted. The applicant shall pay the grading permit and plan check fee according to the latest adopted master fee schedule.
2. The 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 11 of 21
July 16, 2024, Item #18
Resolution No. 24-052
with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version. b. The property owner shall execute an approved Storm Water Trash Facilities Maintenance Agreement (SWTFMA) accepting responsibility for all structural Best Management Practices (BMPs), perpetual maintenance, repair and replacement as outlined in the Operations and Maintenance Plan. The SWTFMA requires an easement granted to the City. The Applicant shall submit
8.5 by 11-inch exhibits of the legal description, site plan, operations and maintenance plan, easement plat and legal (if applicable) to the project engineer for approval.
5. Water Quality Control -Construction Storm Water Management Compliance If the project proposes to disturb an area greater than 1 acre, proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP).
6. Grading securities shall be posted with the City prior to grading plan approval per section 16.46.080 of the PMC. A minimum cash security of $2,000 is required in all instances.
7. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule.
8. Any existing and proposed public easements shall be depicted on the grading plans.
Any easements required to be dedicated prior to grading permit issuance shall be processed concurrently with the grading plan.
9. The easement plat and legal description for the proposed public access easement to connect the site to the existing trail at the west edge of the site shall be submitted via separate application through the Department of Development Services online portal.
The easement application shall be required to be submitted concurrently with the grading plan submittals.
10. Any private improvements within any publicly held easement or Right-of-Way (ROW) may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance.
11. Following approval of the grading plans, posting of securities and fees, and receipt of three 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 found at
https://poway.org/DocumentCenterNiew/10254/Preconstruction-Meeting-Request Fillable?bidld= along with three copies of the approved grading plans. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector.
12. Prior to the start of any work within a City-held easement or ROW, a ROW Permit shall be obtained from the Engineering Division of the Development Services Department. 12 of 21
July 16, 2024, Item #18
Resolution No. 24-052
All appropriate fees shall be paid prior to permit issuance.
13. 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. (Public Works -Recycled Water)
14. Return completed Food Service Establishment Wastewater Discharge Permit (FSEWDP) Application, Employee Training Log, and Grease Trap/Interceptor (GRE) Cleaning Log.
15. Ensure correctly sized and properly installed GRE is onsite, utilized, and maintained.
16. Submitted plans should reference correct size, type, location of installation, and all applicable tie-ins. Schedule a site inspection prior to the first day of business by contacting (858) 668-4735.
(Public Works -Drainage)
17. All Stormwater assets will be private and the responsibility of the property owner for maintenance and repairs.
L. The applicant shall obtair;, a Building Permit. Prior to the issuance of a Building Permit, the applicant shall comply with the following:
(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. The 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 13 of 21
July 16, 2024, Item #18
geotechnical engineer.
Resolution No. 24-052
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 PMC shall be approved. Submittal shall . be made via the online portal to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100 percent 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. The sewer main extension to serve the building/site. b. The water main extension to serve the building/site. c. The proposed sewer and water easements for the proposed public and sewer water mains on the project site.
5. The easement plats and legal descriptions for the proposed water and sewer easements shall be submitted via separate application through the Department of Development Services online portal. The easement applications shall be required to be submitted concurrently with the improvement plan submittals.
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 PMC Section 16.20.
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. "Keep Clear" striping and signage shall be installed along the driveway aisle where queued cars could potentially block traffic access in and out of the parking areas and truck access to the back of the building.
9. Pursuant to the approved project site plan, the employee parking spaces shall be painted with double stripes and have minimum dimensions of 8.5-feet and 18.5-feet.
10. All parking lot landscaped islands shall have a minimum dimension of four feet and shall contain a 12-inch-wide walk adjacent to parking stall and be separated from vehicular areas by a six-inch-high, six-inch-wide Portland Concrete Cement (PCC) curbing.
11. Landscape and irrigation plans shall be submitted and shall be approved to the satisfaction of the Director of Development Services. The landscape and irrigation plans shall demonstrate compliance with the City's Landscape and Irrigation Design Manual, Chapter 17.41 PMC and TFIPSP and substantial conformance to the approved conceptual landscape plans, and all other applicable standards and 14 of 21
July 16, 2024, Item #18
Resolution No. 24-052
ordinances in effect at the time of landscape and irrigation plan check submittal. To the satisfaction of the Director of Development Services, the landscape plans shall also provide the following:
a. Plant materials which shall be prohibited or restricted as described in the Fire Fuels Management Plan prepared by FireWise 2000, Inc. to the satisfaction of the Deputy Fire Marshal.
b. Noise attenuating landscaping, including one 24-inch box tree per 15 lineal feet, shall be installed along the fence of any recreational court when adjacent to open space or properties zoned for residential use to the satisfaction of the Director of Development Services.
c. Parking areas shall be screened by buildings, slopes, berms, dense landscaping, and/or similar treatments designed to adequately screen said parking areas from residential properties.
d. The landscaping plan shall incorporate a minimum of one 24-inch box tree for every 30 feet of frontage along the public ROW.
e. In accordance with TFIPSP 3.6(5), a minimum of one 15-gallon tree shall be provided for every three parking spaces. Said trees shall be located to provide shade cover for the vehicles where practical.
f. The plans shall include shrubs to provide screening of the parking areas as seen from adjacent public streets.
g. Special attention shall be given to providing landscaping that enhances the intersection corners.
h. The landscaping and site plans shall indicate any sight distance restricted areas at intersections. Add notes that no landscape materials over 30 inches in height shall be placed in sight distance restricted areas. i. Any trees that were removed during the rough grading shall be replaced.
Mature trees that were removed shall be replaced on-site with the planting of a 36-inch box sized tree of a species per the tree removal permit to the satisfaction of the Director of Development Services. The trees shall be planted per the approved landscape plans for the development project or, if this project is abandoned, trees shall be replaced according to a tree replacement planting plan reviewed and approved to the satisfaction of the Director of Development Services.
i. A modification to the number or sizes of the tree replacement requirement may be approved by the Director of Development Services as part of the landscape plan review, except where otherwise specified in the FEIR. Please provide a written request to modify this requirement that outlines the reasons of the request. ii. The replacement trees shall be planted prior to obtaining occupancy or within 24 months of their removal whichever comes 15 of 21
July 16, 2024, Item #18
Resolution No. 24-052
first, pursuant to the approved phasing plan to the satisfaction of the Director of Development Services.
12. 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. Any landscaped areas within the public ROW shall be permanent and fully maintained by the owner of the private property adjacent to the public ROW where the improvements are located to the satisfaction of the Director of Development Services.
13. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one (4: 1 ).
14. A Lighting Plan shall be included within the landscape drawings showing light location, type of lighting, and areas of illumination with brightness and color limits. Include lighting for all roadways, pedestrian areas and recreational areas. Low intensity lighting and generous landscape buffering is recommended between proposed lights and adjacent residential, particularly existing residential. Lighting shall be provided to adequately illuminate building entrances, access areas, parking areas, walkways (not including trails) and stairways.
15. The building plans shall include details for all exterior lighting to demonstrate conformance with PMC Section 17.10.150(H); including, but not limited to, reflecting light downward, away from any road or street, and away from any adjoining residential development. Lighting shall be maintained in compliance with City standards by the Applicant for the life of the project.
16. All architectural details shown on the approved DR plans shall also be shown on the building plan check submittal. Any major modifications from the building and site design details not within substantial conformance to the approved plans will require a DR revision and City Council approval as determined by the Director of Development Services.
17. Signs proposed for this development shall be reviewed and approved to the satisfaction of the Director of Development Services under a separate Sign Permit.
18. The building construction drawings shall include elevations and cross-sections that show all new roof-mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view from adjacent properties, to the satisfaction of the Director of Development Services. Screening of utilities and mechanical equipment located on roofs is appropriate with architectural design elements such as trellises or an artistic design feature.
19. Exterior building materials and finishes shall reflect the approved elevations on file with the City and the conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services.
M. Prior to occupancy, unless other timing is indicated, the Applicant shall comply with the following conditions:
16 of 21
July 16, 2024, Item #18
(Engineering)
Resolution No. 24-052
1. The stormwater facilities shall be complete and operational prior to occupancy.
2. The applicant shall install approved trash treatment devices per the Storm Water Trash Facilities Maintenance Agreement (SWTFMA) to the satisfaction of the Engineering Inspector.
3. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. After completion of all work, record drawings, 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 record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended.
10. 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)
11. The proposed project shall comply with all mitigation measures established under the certified FEIR as specified in the MMRP.
12. 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. All light fixtures 17 of 21
July 16, 2024, Item #18
Resolution No. 24-052
shall be designed, shielded and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises.
13. Installation of public improvements shown on the approved improvement plans shall be complete and operational.
14. Landscape, irrigation and exterior site amenities shall be installed pursuant to the approved plan, prior to building permit final (certificate of occupancy), except as otherwise determined by the Director of Development Services. All exterior amenities shall be reviewed and approved to the satisfaction of the Director of Development Services and substantially similar or of better quality than conceptual images provided prior to building permit issuance.
15. No on-site parking spaces shall be assigned.
16. Applicable 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 additional information at (858) 679-2570.
17. Signs proposed for this development shall be approved under a separate Sign Permit.
18. The building plans shall include elevations and cross-sections that show all roof mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view.
19. Exterior building materials and finishes shall reflect the approved elevations on file with the City and the conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services.
N. The following conditions shall be complied with to the satisfaction of the Fire Chief:
1. Life Time Fitness is required to meet all applicable PMC and California Fire and Building Codes for this project.
2. An approved water supply capable of supplying the required fire flow of 1500GPM for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings will be constructed. A new water main and fire hydrant shall be located within 400-feet of the structure following an approved route. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. Costs of the water analysis shall be the responsibility of the applicant.
3. The approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site.
4. Fire apparatus access roads shall have an unobstructed, improved width of not less than 20 feet, except single-family residential driveways serving no more than two improved parcels containing dwelling units shall have a minimum of 16 feet of unobstructed improved width. In most cases, the City's construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard 18 of 21
July 16, 2024, Item #18
Resolution No. 24-052
shall apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds unless authorized by the Fire Authority Having Jurisdiction (FAHJ) and shall be provided with an approved paved surface as to provide all-weather driving capabilities. A paved driving surface shall mean asphalt, concrete, or permeable paving system. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official. Every building shall be accessible to Fire Department apparatus by way of access roadways with an all weather, paved driving surface of not less than 16-feet of unobstructed width, with a roadway interior turning radius of not less than 28-feet capable of supporting the imposed loads (75,000 pounds) of fire apparatus with a minimum of 13-feet 6-inches of vertical clearance.
5. The approved fire apparatus access (driveway) for fire protection, either temporary or permanent shall be made available as soon as combustible material arrives on site.
6. Fire apparatus access roads (driveways) shall extend to within 150 feet of all portions of the exterior walls of the first story of the structure as measured by an approved route around the exterior of the building.
7. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent (incline or decline) shall be constructed of PCC, with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction.
The fire code official may require additional mitigation measures when deemed appropriate.
8. 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.
9. All dead-end fire access roads greater than 150 feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. A cul-de-sac shall be provided in residential areas where the access roadway serves more than two structures. The minimum, unobstructed paved radius width for a cul-de-sac shall be 38 feet in residential areas. The fire code official shall establish a policy identifying acceptable turnarounds for various project types.
10. Approved numbers/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Address numbers shall contrast with their background and meet the City's standards. The address is required at the private driveway entrance. Additional address numbers may be required where deemed necessary by the fire code official.
11. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key-operated (Knox Gate Key Switch) switches overriding all command functions and opening gates. Dual-keyed or dual switches shall be provided to facilitate access by law enforcement.
12. The Main building and Outdoor Fitness/Laundry/Changing Room buildings are required to be equipped with an approved automatic fire sprinkler system according to 19 of 21
July 16, 2024, Item #18
Resolution
No
. 24-052 Page
18 PMC
requirements.
The
fire
sprinkler
system
shall
be
designed
to
meet
California
Fire
Code
and
National
Fire
Protection
Association
(NFPA)
standards
and
installed
by
a
California
C 16
licensed
fire
protection
contractor
. All
systems
are
required
to
be
monitored
by
a
an
Underwriters
Laboratory
(UL)
listed
central
monitoring
company
.
The
Reduced
Pressure
Detector
Assemblies
(RPDA)
backflow
preventer
valve
assemblies
with
tamper
switches
shall
be
monitored
. The
City
Fire
Marshal
shall
approve
the
location
of
these
fire
protection
devices
prior
to
installation.
Three
separate
plan
submittals
to
the
fire
department
will
be
required,
one
for
the
fire
service
underground,
a
second
for
fire
sprinkler
design,
and
a
third
for
the
fire
sprinkler
monitoring
/ fire
alarm
panel.
13. 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."
14. A
metal
sign
with
raised
letters
at
least
1 inch
(25mm)
in
size
shall
be
mounted
on
all
fire
department
connections
serving
automatic
sprinklers,
standpipes,
or
fire
pump
connections
. Such
signs
shall
read:
"AUTOMATIC
SPRINKLERS,"
"STANDPIPES,"
"TEST
CONNECTION,"
or
a
combination
thereof
as
applicable
.
15. The
campus
shall
be
protected
by
a
manual
fire
alarm
system
with
occupant
notification
in
occupancies
of
300
to
999
persons
. The
campus
shall
be
protected
by
an
automatic
fire
alarm
system
with
voice
evacuation
in
occupancies
of 1000
or
more
persons.
A
California
C 10
licensed
contractor
shall
install
the
fire
alarm
system
according
to
the
California
Fire
Code
and
NFPA
72 standards.
The
fire
alarm
system
shall
include,
1 manual
fire
alarm
box
(pull
station),
duct
smoke
detection,
waterflow
detection
, occupant
notification,
and
annunciation.
The
system
shall
be
completely
monitored
by
a
UL
listed
central
station
alarm
company.
A
separate
plan
submittal
to
the
fire
department
is
required
for
review
and
approval.
16. A
'Knox
' Security
Key
Box
shall
be
required
for
the
building
at
locations
determined
by
the
City
Fire
Marshal.
17. 2A
1 0BC
fire
extinguisher(s)
are
required
for
office
areas
every
3,000
square
feet
and
75 feet
of
travel
distance.
18. Illuminated
exit
signage
shall
be
required
per
the
California
Building
and
Fire
Codes.
19. Emergency
exit
lighting
shall
be
required
per
the
California
Building
and
Fire
Codes
.
20. Panic
Hardware
shall
be
required
per
the
California
Building
and
Fire
Codes
.
21. Backflow
preventers
shall
be
Reduced
Pressure
Detector
Assemblies
(RPDA)
and
meet
the
City's
Engineered
Stand~rd
Drawings,
California
Fire Code,
and
NFPA
24. A
separate
plan
submittal
is
required
to
the
City
Fire
Department
for
review
and
approval.
22 . Post
Indicating
Valves
(PIV's)
are
not
permitted
in
new
construction
in
the
City.
23. Fire
Department
Connections
(FDC's)
are
required
at
the
backflow
preventers
per
the
City's
Engineered
Standard
Drawings
and
the
California
Fire
Code
.
20 of 21
July 16, 2024, Item #18
Resolution No. 24-052
24. Commercial type 1 kitchen hoods with mechanical ventilation exhaust, protected by commercial kitchen fire suppression systems shall be required per the California Building and Fire Codes. Plans to be submitted directly to the fire department for review and approval.
25. Class K fire extinguishers are required per the California Building and Fire Codes.
26. An occupancy load sign is required per the California Building and Fire Codes.
27. Master keys for the fire department Knox box are required to be placed in Knox Box per the California Fire Code.
28. Fire lanes shall be provided and maintained per the California Fire Code. Fire lane markings shall first be approved by the fire marshal.
29. Electrical and mechanical rooms shall be identified by signage and maintained free of any combustible storage per the California Fire Code.
30. Mechanical refrigeration shall comply with the California Fire Code.
31. Cryogenic fluids shall comply with the California Fire Code.
32. Type 1 hood cleaning schedules shall comply with the California Fire Code.
33. Kitchen fire suppression service schedules shall comply with the California Fire Code.
34. Fire extinguisher service schedules shall comply with the California Fire Code.
35. Fire sprinkler services shall comply with the California Fire Code.
36. Fire alarm system services shall comply with the California Fire Code.
37. Cooking oil storage shall comply with the California Fire Code.
SECTION 8: The previously approved CUP 19-005 and DR 19-001 are still in effect for the duration of the approved uses. The current project approval of CUP 22-0004 and DR 22-0002 shall expire July 17, 2026, at 5:00 p.m., unless 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. The City Council's approval of CUP 22-0004 and DR 22-0002 is expressly contingent on a majority vote of the people of the City of Poway approving SPA22-0001 at the November 5, 2024 election, shall have no force and effect unless and until such majority vote in favor of approving SPA22-0001 occurs.
SECTION 9: 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.
II
II
21 of 21
July 16, 2024, Item #18
Resolution No. 24-052
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of July, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk