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Res P-00-12RESOLUTION NO. P- 00-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 99-14 ASSESSOR'S PARCEL NUMBER 317-021-26 WHEREAS, Conditional Use Permit 99-14, submitted by Gary and Rebecca Blevins, applicants, requests approval of a conditional use permit to all 3 driving school to continue to operate within a center located at 13514 Pomerado Road, Suites M, N, and O. The property is zoned C General. The appl requesting approval to expand the business into an adjacent tenant space and to offer traffic school classes at the same location; and WHEREAS, on February 8, 2000, the City Council held a duly advertised public hearing to obtain testimony both pro and con on the above described item. NOW, THEREFORE, the City Council does hereby follows: Section 1: Conditional Use Permit 99-14 will not result in a significant adverse impact on th l and the Mitigated Negative D dated February 8, 2000 and :~ Mitigation Monitoring Program attached to this resolution as Exhibit "A" is approved. Section 2: The findings in compliance with Section 17.48.070 of the Poway Municipal Code for Conditional Use Permit 99-14 are made as follows: The proposed project' I with the General Plan in that it is a private school or training facility located on a property designated t' general use. That the location, size, design, and operating ch ' ' I the proposed use will be compatible with and will not adversely affect or be materially detrimental to adj residents, building or natural in that the use has operated at the subject location for the past five years and has functioned compatibly with adjacent b and developments. In addition, special operational req have been established for the use to insure continued compatibility with surrounding developments. That the scale, bulk, coverage and density the use is operating within an existing developed site. l with adjacent uses, in that building on a completed That th 31e public facilities, :1 utilities to serve the approved use in that the site is presently developed and served with adequate public utilities, facilities and services. Resolution No. P- 0 0 - 1 2 Page 2 That there will not be a harmful effect upon desirable neighborhood characteristics, in that the use has operated compatibly with surrounding development and the past five years. In addition special operational req ' have been established for the use I tinued compatibility with surrounding development. That the generation of traffic will not adversely impact the surrounding :~/or the City's Circulation Element in that the driving school and traffic school is being limited and the hours of operation of the classes are being regulated to minimize traffic congestion in the area. That th 31e for the type and intensity of use and development proposed in that the use will be operating within an existing building on a completely developed site. That there will be no significant harmful effect upon th quality and natural in that th 31etely developed and no natural exist on the property. That there are no other relevant impacts of the proposed use that cannot be mitigated. That the impacts, as described above and the location of the approved project will not adversely affect the City of Poway General Plan for future as well as present development, in that the General Plan provides for private schools and training facilities at this location with the approval of a conditional use permit. 3: The finding in accordance with Section 66020 of the G Conditional Use Permit 99-14 is made as follows: Code for The design and improvements of the proposed development are consistent with all elements of the Poway General Plan as well as City ordinances because all necessary I be able to serve this project. The payment of traffic mitigation and sewer fees are needed as a result of the proposed development to protect the public health, safety, and welfare. The 1' :1 on a pro rata basis to provide for reg and "City roadways and the City sewer system. Section 4: The City Council hereby approves Conditional Use Permit 99-14 to allow one driving school class at any given t' ~ a ~ 45 students and one traffic school class at any given time serving a of 20 students at 13514 Pomerado Road, Suites M, N, and O located in the C General zone subject to the following Resolution No. P- 00- 12 Page 3 conditions: Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use of surrounding industrial and uses. Co Conditional Use Permit 99-14 may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to add that may h -1 during the past year. Within 60 days of this approval, the applicant shall obtain a building permit for the tenant improvements. The traffic school shall not be established until the building permits required pursuant to this permit have been finaled by the City. F. Pdorl building permit, the applicant shall comply with the following: Tenant improvement plans incorporating all conditions of approval shall be submitted to the Building Division for review and approval. During this review process, the tenant improvement plans shall be routed to the Fire Marshall 1' :1 approval. The improvements shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ord' effect at the time of building permit issuance. The following development fees shall be paid to the Engineering Division. These I lly in effect and are subject to change. Sewer Fees $1,767.00 Traffic Mitigation $ 371.25 The required building permits shall be finaled within 120 days of this approval. Upon establishment of the use in reliance upon this conditional use permit, the following conditions shall apply: Resolution No. P-00-]. 2 Page 4 1. Sufficient parking availability must be provided onsite. In the event street parking is prohibited along Pomerado Road, the center b ~all not be dependent upon on-street parking. The applicant shall insure that the onsite drop-off and pick-up traffic associated with the school ' -I on the subject property and does not spill over and congest Pomerado Road. A :one (1) ddving school site at a given time. lall be conducted at the 4. Driving school lall be limited 1 : 45 students. Driving school classes shall not be conducted classes. Ily with traffic school The hours of operation of the driving school classes shall be limited to 7:30 a.m. to 3:00 p.m., Monday through Saturday. 7. Traffic school 3all be limited t' ; 20 students. A =one (1) traffic school site at a given time. 3all be conducted at the The hours of operation of the traffic school class sessions shall be limited to weekdays, 6:00 p.m. and after. 10. Any signs proposed for this development shall be designed and approved in Ih the sign ord :ler a separate sign permit. Pursuant to G I Code Section 66020, the 90-day approval period in which the applicant may file a protest of the imposition of any fees, dedications, reservations or imposed pursuant to this approval shall begin on February '1, 2000. Resolution No. P- 00 - 12 Page 5 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 8th day of February, 2000. ATTEST: STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P-00 - 12 was duly adopted by the City Council at a meeting of said City Council held on the 8th day of February, 2000, and that it was so adopted by the following vote: AYES: HIGGINSON, NOES: NONE ABSTAIN: NONE ABSENT: NONE GOLDBY, EMERY, REXFORD, City of Poway CAFAGNA Resolution No. P- 00- ! 2 Page 6 Exhibit A Mitigation Monitoring Program CUP 99-14 Poway-Mira Mesa Drivinl/Traffic School The California E Quality Act (CEQA) requires a Mitigation Monitoring Program "for changes to th project which it has adopted or made a condition of project approval in order to miti~ ':1 significan eft' The reporting [I program shall be desi~ durin project (California Public Code, Section 21081.6). The following Mitigatio Monitoring Program identifies tl' impact and mitic~ ' Jentified in th document reviewed and approved by the City of Poway City Council and the party responsible fo imp ' the miti~ Topic Mitigation Measures Timing · Traffic ~cient parking onsite. . through e. The mitigation ~all be applied upon establishment of the uses. · Onsite drop-off and pick-up traff' ~all I: :1 :1o Road. c. A =one (1) driving school class session shall be conducted at the site at a given time. Driving school lall I: 5 students. Driving school classes shall not be conducted concurrently with traffic school classes. The hours of operation of the driving 7:30 a.m. to 3:00 p.m. d. (1) shall be conducted at the site at a given time. Traffic school classes shall be limited to a = 20 students. Traffic school shall not be conducted at th driving school. The hours of lool class ~all be limited to weekdays, 6:00 p.m. or after. Responsibility The City of Poway Development Services Department shall be responsible ~1 the miti~ If the use does not operate within the conditions established by Conditional Use Permit 99-14, the City may set the 31lc hearing for review by the City Council. The reviewed annually by the City to insure compliance with the ' the I: :ldress any ~ic issues that arise. Traffic patterns of the monitored.