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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 0 0 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 0 ev c `LLU - /3J Icy) 3 u 6'Gl��r� �2� Q ✓Y�. / c Lic is 1 3 d 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 0 0 '!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