Item 8 - CUP 82-04M Conditional Use Permit Modification - Holly TurnerAGENDA REPORTr_ --
CITY OF POWAY
TO: Honorable Mayor and Members 4-1 off the City Council
FROM: James L. Bowersox, City Ma
INITIATED BY: Barry K. Hogan, Director of Planning Services 09%4`f
James H. Lyon, Assistant Planner 4(_
DATE: August 23, 1983
SUBJECT: CUP 82 -04M Conditional Use Permit Modification - Holly
Turner, Applicant: A request to modify the existing
use permit to allow extended hours of outdoor
activities and removal of the annual review condition.
APN: 317 - 200 -08
The following conditions should be added to the proposed Resolution for
CUP 82 -04:
Section 3, Item Number 9:
This use permit shall be reviewed annually by the City
Council to ensure that all conditions of approval are being
met, or sooner if complaints are received. Non- compliance
with conditions will result in a review of the permit by
the City Council for possible modification or revocation.
Section 4, Item Number F.2:
This conditional use permit is granted for a period of 36
months, at the end of which time the City Council may add
or delete conditions or revoke the conditional use permit.
JLB:BKH:JHL:cm
ACTION: a -23 -83 Adopted Resolution No. P -83 -45 approving CUP 82 -04
with conditions. Changed hours children are permitted
outdoors to from 8 :30 - 6h'O0 P.M.
��.'Z
,fi Seibert, Deputy City Clerk
AUG 23 1983 ITEM ;?
AGENDA REPOR
CITY OF POWAY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man
INITIATED BY: Barry K. Hogan, Director of Planning Services
James H. Lyon, Assistant Planner
DATE: August 23, 1983
SUBJECT: CUP 82 -04M Conditional Use Permit Modification - Holly
Turner, Applicant: A request to modify the existing
use permit to allow extended hours of outdoor
activities and removal of the annual review condition.
APN: 317 - 200 -08
BACKGROUND
The City Council on June 22, 1982 approved Conditional Use Permit (CUP) 82-
04 permitting the applicant to operate a daycare facility from her home
located at 12728 Pomerado Road.
At the July 26, 1983 meeting the City Council held the annual review and
directed staff to advertise a public hearing to amend CUP 82 -04 to continue
indefinitely and waive further annual reviews. The applicant additionally
requested that the hours the children are permitted to play outside be
extended to make available time for the children to attend to the care of
pet animals and to avoid the heat inside the house during the warm summer
months. The proposed hours allowed for outdoor activities would be from
8:30 am to 6:00 pm. Currently the children are permitted to stay outside
from 10:00 am to 5:00 pm. The applicant was made aware that such changes
would require a modification of the use permit and a rehearing.
A notification was sent to the property owners within 500 feet of the
daycare facility indicating the proposed modifications to the use permit.
Three property owners in the immediate vicinity submitted letters in
opposition to the extension of the hours allowed for outside activity and
the removal of the annual review requirement (see Attachment 2).
ACTION:
8 -23 -83 Adopted Resolution No. P -83 -45 approving CUP 82 -04 with
conditions. Changed hours children are permitted outdoors
to from 8:30 - 6:00 P.M.
Jo,S .i ert, Deputy City Clerk
1 of 12
9 0
FIEDI=9
Agenda Report
August 23, 1983
Page 2
The applicant has successfully operated the business without incident or
formal complaint for over one -year. However, recent complaints indicate a
strong opposition to the expansion of the conditions of the use permit.
The purpose of a Conditional Use Permit is to allow the City Council the
opportunity to add conditions of approval that will ensure compatibility
with the neighborhood and be consistent with the purposes of the zone.
Based on the complaints registered relative to this request by the
applicant, staff suggests that no change be made to the application and
that we bring back a review annually or sooner if the complaints persist.
It is recommended that the City Council make no change to the conditions
of CUP 82 -04
JLB:BRH:JHL:js
ATTACHMENTS
1. Proposed Resolution
2. Letters of Complaint
2 of 12 AUG 23 1983 ITEM 8
9
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 82 -04
ASSESSOR'S PARCEL NUMBER 317 - 200 -08
WHEREAS, Conditional Use Permit 82 -04, submitted by Holly Leslie
Turner, applicant, requests to modify the conditions of the use permit to
utilize an existing single family home as a Daycare Home for twelve (12)
children for the property located at 12728 Pomerado Road on the west side
at the terminus of Metate Lane, in the R -R -1, (Rural Residential) zone;
WHEREAS, on August 23, 1983 the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and con,
relative to this application and approved Conditional Use Permit 82 -04,
with conditions contained in Resolution P 82 -54; and
NOW, THEREFORE, the City Council finds that Resolution P 82 -54 is
superseded by this resolution and does hereby resolve as follows:
Section 1: Findings:
1. That 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 land uses, in
terms of scale, bulk, coverage and density because the existing
residential structure was developed in a style and form similar
with the adjacent development.
2. Public facilities, services and utilities are available to serve
the site.
3. Potentially harmful effects upon the desired neighborhood
characteristics can be mitigated by appropriate conditions of
approval contained in subsequent sections of this resolution.
4. Potentially harmful or undesirable effects upon the capacity and
physical characteristics of surrounding streets resulting from
additional traffic generated to and from the site can be
mitigated as conditions of approval.
5. There is adequate space available on -site for the range of
activities associated with the use.
6. This application is consistent with the City of Poway's General
Plan and Zoning Ordinance.
ATTACHMENT 1
3 of 12 AUG 23 1903 ITEM 8
Resolution No. P-
CUP 82 -04
Page 2
Section 2: Environmental Findings:
The City Council finds that this project is categorically exempt from
environmental review under the provisions of the California Environmental
Quality Act.
Section 3: City Council Decision:
The City Council hereby APPROVES Conditional Use Permit CUP 82 -04 subject
to the following conditions:
1. The effective date of approval shall be on the date of building permit
finalization.
2. Hours of operation shall be limited from 7:00 a.m. to 6:00 p.m.
weekdays and a maximum of twelve (12) children shall be permitted at
any one time.
3. Outdoor activity periods shall be permitted between 10:00 a.m. and 5:00
p.m. One (1) adult shall remain outside at all times while children
are using the recreational areas.
4. All required permits shall be obtained from and all recreational
equipment shall be secured to the satisfaction of the County of San
Diego Department of Social Services licensing officer. A letter of
approval shall be submitted to the Director of Planning Services prior
to approval of Minor Development Review.
5. The applicant shall be required to grade the westerly shoulder of
Pomerado Road, north of the driveway, and the driveway width between
the existing pipe anchors to the satisfaction of the Director of Public
Services.
6. An Irrevocable Offer of Dedication shall be required for Pomerado
Road. Improvement in the way of a sidewalk five -feet wide and
dedication shall be to major road standards, however, that improvement
and dedication may be deferred by the owner's execution of an
agreement with the City, in which the owner agrees to install or pay
for the street improvements at such time as the remainder of the west
side of Pomerado Road, between Poway Creek and Metate Lane, is
scheduled to be similarly improved, either by private or public
means, or by assessment district. This agreement shall be recorded
and shall run with the land, and shall be prepared in a form approved
by the Director of Public Services and the City Attorney prior to the
effective date of the use permit.
ATTACHMENT 1
4 of 12 AUG 23 1983 ITEM 8
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Resolution No. P-
CUP 82 -04
Page 3
7. No sound amplification system shall be utilized outdoors and no music
or other sources of noise shall occur outdoors on the property.
8. Five (5) parking spaces are required to be shown on the concrete pad
in front of the garage to the satisfaction of the Director of Planning
Services.
Section 4: City Council Decision:
The City Council hereby APPROVES Conditional use Permit 82 -04, subject to
the following Standard Conditions:
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. SITE
1. Site shall be developed in accordance with the approved site plans on
file in the Planning Services Department and the conditions contained
herein.
2. Approval of this request shall not waive compliance with all sections
of the Zoning Ordinance and all other applicable City Ordinances in
effect at time of Building Permit issuance.
3. Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval contained herein shall
be completed to the satisfaction of the Director of Planning
Services.
B. PARKING AND VEHICULAR ACCESS (NO Conditions)
C. LANDSCAPING (No Conditions)
D. SIGNS
1. Any signs proposed for this development shall be designed in
conformance with the Sign Ordinance and shall require review and
approval by the City Council.
E. RECREATION (No Conditions)
5 of 12 AUG 23 1983 ITEM 8
9 0
Resolution No. P-
CUP 82 -04
Page 4
F. ADDITIONAL APPROVALS REQUIRED
Development Review shall be accomplished prior to the issuance of a
Building Permit.
2. This conditional use permit is granted for an indefinite period of
time, non compliance with the conditions of approval will result in
a review of the permit by the City Council for possible modification
or revocation.
APPLICANT SHALL CONTACT THE BUILDING DIVISION REEGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
G. SITE
1. The applicant shall comply with the latest adopted Uniform Building
Code, Uniform Mechanical Code, Uniform Plumbing Code, National
Electric Code, Uniform Fire Code, and all other applicable codes and
ordinances in effect at the time of approval of this project.
2. Prior to issuance of building permits for combustible construction,
evidence shall be submitted to the Director of Safety Services that
water supply for fire protection is available. Where additional fire
protection is required by the Director of Safety Services, it shall be
serviceable prior to the time of construction.
3. This approval shall become null and void if building permits are not
issued for this project within one year from the date of project
approval.
H. EXISTING STRUCTURES
1. Provide compliance with the Uniform Building Code for property line
clearances considering use, area and fire - resistiveness of existing
buildings.
I. GRADING (NO Conditions)
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
J. STREETS AND SIDEWALKS
All street structural sections shall be submitted to and approved by
the Director of Public Services.
ATTACHMENT 1
6 of 12 AUG 23 1983 ITEM 8
0
Resolution No. P-
CUP 82 -04
Page 5
12. Street improvement plans prepared on standard size sheets by a
Registered Civil Engineer shall be submitted for approval by the
Director of Public Services. Standard plan check and inspection fees
shall be paid by the developer.
K. DRAINAGE AND FLOOD CONTROL
1. The applicant will be responsible for construction of all onsite
drainage facilities required by the Director of Public Services.
L. UTILITIES (No Conditions)
M. GENERAL REQUIREMENTS AND APPROVALS (No Conditions)
APPROVED AND ADOPTED by the City Council of the City of Poway, State
of California, the 23rd day of August, 1983.
Linda L. Oravec, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
7 of 12 AUG 23 1983 ITEM 8
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8 of 12 AUG 23 1983 ITEM 8
Poway, California
15 August 1983
City Clerk
City of Poway REF: CUP 82 -04
We, the neighbors directly to the south of the subject
property, continue to oppose this use permit for the following
reasons:
1. The existence of this commercial use for profit in a
residential neighborhood is incompatible and unnecessary. Ample
commercial property is vacant in Poway.
2. While the permit holder has made efforts to mitigate the
impact on the neighborhood, the increased noise and traffic db -and
will continue.
3. No action has been taken by the permit holder or by the
city to mitigate the effects on the streets as required'by the
use permit Section 3 paragraph 5.
An increase in hours of outdoor actitities or a weakening
of review procedures can not be in the best interests of this
neighborhood or Poway.
R. E. Roney
Q G, Roney
12710-Pomerado Rd.
Poway, Ca 92064
9 of 12 AUG 21 1983 ITEM 8
10 0
Poway, California
13 August 1983
City Council
City of Poway
Dear Members of the Council:
Notice has been received that the City Council of the City of
Poway will hold a public hearing on Tuesday, August 23, 1983 to
consider the Conditional Use Permit, Cup 82 -04 Modification -
Rollie Turner.
This letter is to record our opposition to the granting
of this modification.
In June 1982, Mrs. Turner submitted her initial request. At
that time we objected to that request by letter and by
appearance before the Council at that public hearing. In the
intervening fourteen months nothing has occurred to change
our original reason for opposition.
What has changed for the August 23, 1983 hearing is the request
to modify the original conditional use permit in two areas:
extend hours of outdoor activities; and, remove the annual
review requirement.
Mrs. Turner's operation under the June 1982 permit has been
observed by us, both deliberately and unintentionally. in
general, we have no objection to the manner in which the out-
door activities were handled or monitored by adult supervisors.
"his is not to say that the activities went unnoticed from the
standpoint of sight and sound. The backyard of Mrs. Turner's
residence has had considerable additions of playground equip-
ment which are highly visible from our property and are well in
excess of what a typical family would normally provide their
children. In addition, and also clearly visible and heard are
eight to nine pre - school children simultaneously utilizing the
various playground equipments. Again, a typical family resi,
dence would not have that many children of approximately the
same age playing in their backyard Monday through Friday on
a continuing basis. Our point is, that Mrs. Turner's backyard,
as viewed from our property, or the Boulder Point Road cul -de -sac,
presents itself exactly as what it is - -a commercial enterprise
for day care activities.
10 of 12 AUG 2 3 1983 ITEM 8
0 9
The outdoor activities over the past year have been clearly
visible from our dining room and kitchen windows. Just
simply sitting at one of those two tables viewing Poway
Valley and the mountains to the east is all that is required
to have our visual attention diverted to Mrs. Turner's backyard
when outdoor activities therein are in progress. Furthermore,
when our attention is directed within our home, the sound of
those outdoor activities can be clearly heard.
Who is there in the City of Poway whose attention will not
be diverted by the sound of a child's scream, whether in
joy or anger or fear?
Has it occurred to the Council that this day care operation
is an open -ended situation? ''here will always be customers
for Mrs. Turner. A child will arrive for care, the need for
care will change, the child wlll depart, and, a new child will
arrive to fill the vacancy.
`'his is no{. a normal situation for a large family, say -twelve
children (the number of Mrs. Burner's current operation),
of varying ages progressing through their respective ages,
departing the home, and not being replaced by new parental
offspring. In such a case an adjoining property owner has an
expectation of change to a more quiet environment.
In Mrs. 'iurner's operation there is no predictable end to
this current situation and anyone can imagine how it could
change to a more undesirable situation than now exists or
is being proposed.
We therefore request that the Council not grant an extension
of hours for outdoor activities, and require a continuing
review of the permit in one year hence.
`;he remainder of this letter addresses the reasons for our
initial and continuing opposition to this day care operation
by Mrs. Turner. The residential area in which Mrs. "urner is
operating is bounded on the east by Pomerado Road, on the
north by Poway Creek, and internally includes those residences
fronting on Boulder View Drive and Boulder Point Road. There
are 21 parcels within this area, all in excess of one acre,
all zoned R -1 -A (possibly RR -C in the future), and all with
residences in place except one empty parcel.
Any action by the City Council with respect to Mrs. Turner's
request and with respect to zoning considerations within this
residential area impacts 19 home owners, each of whom has a
potential six figure dollar sale value in their individual
properties.
2
11 of 12
AUG 23 1983 ITEM 8
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'!he initial granting of a conditional use permit by the
City Council to Mrs. 'turner has probably had an indeter-
minable effect upon the property values within the area.
'he prospective granting of extended outdoor activities with
no further review by the Council can only mean that the
precedent, is set and opens the way to future attacks upon
t.his residential area for similar or other activities of
profit- making outdoor ventures which are not normal within
typical residential areas.
Tf we seem t.o be overly concerned about property values,
bear in mind that our home is our chief asset in this world,
and this situation with this day care center is an attack
upon our li.fe's work and savings and our ability to care
for ourselves in our senior years.
Tn closing, we sincerely hope that this letter clearly
expresses our postion and anxiety over the outcome of the
public hearing on 23 August. We shall be present to expand
upon any points of this letter which are unclear and to
answer quesil-ons on any other aspect related to this subject.
WS l d A.D. Gabriel
12249 Boulder Point Road
Poway, California
fl l
P.S. At the hearing we would appreciate a brief presentation
as to the Council's policy with respect to citizent' responses
!o Notices of Public Hearings. We have been verbally informed
in this case (CUP 82 -04 Modification) that written responses
must be received at City Hall no later than 16 August 1983
or the Council will automatically grant Mrs. ^urner's request.
Does this prevent verbal response at the hearing without an
individual having previously provided a written response?
1
12 of 12 AL'G 23 1983 ITEM 8
s •
AGENDA AND STAFF REPORT SENT TO:HoIIY Turner
12728 Po7erado Rd,
Poway, Co. 92064
August 18, 1983
CITY OF POWI{Y
COUNCIL MEMBERS.
BOB EMERY, Mayor
MAR) SHEPARDSON, Deputy Mayor
LINDA ORAVEC
CLYDE REXRODE
BRUCE TARZY
AGENDA SCHEDULING REQUEST
DATE:
TO: City Clerk
Date to be Docketed 51 X3 /45
Department and Person Responsible for Report
`J
SUBJECT:
/YTPXX✓ 14__me /r"tu°5 ./%NV CE /7rC�ifK- �G.//f/A1 hG— 2�L/ /mil /
RECOMMENDATION: tAr�q�L GJ� <a/✓rJ /77o�SLs
Require Resolution? Yes �_ Require Ordinance? Yes
No No
Title
Require Advertising? Yes _ -_ No
If ves, submit "Notice of Public Hearinq" form
Require Property Owner Notice? Yes j!S (attach labels)
No
Name & address of applicant or others to be notified of meeting and
decision:
�l,�.1/ Tue.✓Ei� / z 7z 8 "-r /�cz.lry C;4 y�
Administrative Offices Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 785, Poway, California 92064 • (114) 748 -6600, (714) 695 -1400