Res P-01-47RESOLUTION NO. P- 01-47
A RESOLUTION Of THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 01-06
ASSESSOR'S PARCEL NUMBER 317-101-09, 10, AND 31
WHEREAS, CONDITIONAL USE Permit 01-06, submitted by Tim Meissner,
applicant, requests a Conditional Use Permit to establish an adult day care facility at 13172
Poway Road in the Poway Library Plaza in the Town Center zone. Th Id occupy
a new 5,998-square-foot building (Building D) previously approved under DR 00-22, which
also included :the shopping center; and
WHEREAS, on September 4, 2001, the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that Conditional Use Permit 01-06 is Categorically
Exempt from the provisions of the California E Quality Act, as a Class 1
exemption pursuant to Sec. 15301 (a) of the CEQA guidelines, because it is a use permit for
a previously approved st 2 only minor interior and exterior alterations.
Section 2: The finding Jance with Section 17.48.070 of the Poway Municipal
Code for Conditional Use Permit 01-08 establish an adult day care facility at 13172 Poway
Road in the TC zone, are made as follows:
The proposed facility would be located in an existing shopping center. The size of
the facilities is appropriate for the use and location. The design of the facility is
appropriate for the use and the surrounding area. The proposed project is permitted
use in the TC zone, with the approval of a Conditional Use Permit. The project will
comply with all of the relevant codes and standards of the City of Poway. Therefore,
the proposed location, size, design and operating characteristics of the proposed
use is in accord with the title and purpose of Section 17.48.070 of the Poway
Municipal Code, the purpose of the zone in which the site is located, the City
General Plan, and the development policies and standards of the City.
B=
The use will be located in a newly :1 building. The location, size and
design of the proposed facility are appropriate for the area and are : or
superior to surrounding development. The facility will be operated under license of
the State of California. The facility will be required to meet City of Poway standards
:1 operating hours, and parking/loading. Therefore, the location, size,
design and operating ch ~the proposed use will be compatible with and
will not adversely affect or be materially detrimental to adjacent uses, residents,
buildings, structures, or natural
Resolution No. P- 01-47
Page 2
The facility will meet or exceed for scale, coverage and density.
Therefore, the harmony in scale, bulk, coverage and density of the project is
consistent with adjacent uses.
There are public facilities,
use.
:1 utilities available to adequately serve the
The proposed use will not .~ative visual impact. Therefore, there will not
be a harmful effect upon desirable neighborhood characteristics.
The project will not increase traffic beyond the capacity of Poway Road and other
si ~] the project. Renovation of the shopping center, pursuant to DR 00-
22 which approved the construction of Building D, will ;I one driveway,
which will improve traffic safety. Therefore, the generation of traffic will not
adversely impact the capacity and physical character of surrounding streets and/or
the Circulation Element of the General Plan.
The proposed adult day care facility is allowable in the zone, and is small in area
compared with the overall property. Therefore, th :able for the type and
intensity of use or development that is proposed.
The use involves no hazardous materials or processes, nor does it significantly
affect natural Therefore, there will not be significant harmful effects upon
quality and natural
There are no otb
mitigated.
negative impacts of the proposed use that cannot be
The impacts, as described above, and the proposed location, size, design and
operating characteristics of the proposed use and the conditions under which it
would be operated ' :1 will not be detrimental to the public health, safety
or welf :erially injurious to preperties or imp ' the vicinity nor be
contrary to the adopted General Plan; and
That the proposed conditional use will comply with each of the applicable provisions
of Section 17.48.070 of the Poway Municipal Code.
Section 3: The City Council hereby approves Conditional Use Permit 01-06 to establish
an adult day care facility, with an outside yard approximately 2,200 square feet'
5,998-square-foot building approved pursuant to DR 00-22 at 13172 Poway Road Building
D in the TC zone, as shown on the plans dated May 21, 2001, subject to the following
conditions:
Resolution No. P- 03.-47
Page 3
Approval of this CUP request shall apply only to the subject shall not
~liance with all ~the Zoning Ordinance and all other applicable
City ord' effect at the time of building permit issuance.
Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and, (2) the property
owners shall execute a Covenant on Real Property.
The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses.
The conditions of CUP 01-06 shall remain in effect for the life of the subject adult
day care facility and shall run with the land and be binding upon future owners,
heirs, and 1 ! the current property owner.
CUP 01-06 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 have been raised during the prior year.
The applicant shall obtain a building permit associated with DR 00-22 for Building D
prior to the establishment of the use. Prior I i any Building Permit the
applicant shall comply with the following, as applicable:
Tenant imp for the adult day care facility shall b l with
the approved project plans dated May 21, 2001, on file in the Development
Services Department, and the conditions contained herein.
The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of electrical/building permit issuance.
Approval of this request shall not 31lance with all : the
Poway Road Specific Plan Poway Development Standards, the Zoning
Ordinance, and all other applicable City Ord' effect at the time of
building permit issuance.
All new roof appurt :ting air conditioners, shall be arohitecturally
integrated, screened f :1 sound buffered from adjacent properties
and streets as required by the Director of Development Services.
A ' ' : two parking spaces shall be designated for the drop off and
pick-up of clients during peak hours. Signage shall be placed at these
spaces indicating that parking is limited to 5 minutes during the hours of 8:00
to 10:00 a.m. and 4:00 to 6:00 p.m.
Resolution No. P- 01-47
Page 4
A sun'ace planter at least three feet in usable width shall be provided
adjacent to the eastedy fence, and furnished with shrubs, ground cover, and
irrigation. The chain-link fence shall be provided with slats where they may
be missing or in disrepair. All of the above shall be included on a landscape
plan to the sal " :the Director of Development Services.
The applicant shall construct the following improvements to the sal
Director of Safety Services:
1. Building D shall be fire sprinklered.
the
2. Al'
Prior to '
following:
.¢stem shall be installed in Building D.
certificate of occupancy, the applicant shall comply with the
The site shall be developed in accordance with the approved plans on file in
the Development Services Department for both DR 00-22 and CUP 01-06,
along with the conditions contained therein/herein. A final inspection from
the appropriate City Departments will be required.
Upon establishment of the use in reliance upon this Conditional Use Permit, the
following conditions shall apply:
The proposed signage for the drop-off/pickup I ~all b :1
for the life of the facilities, unless otherwise approved by the Director of
Development Services.
2. At no time shall noise from any :1 th :lard
in the Poway Municipal Code.
The property owner shall be responsible for insuring that the ful I
mix of uses leasing in the shopping center will have hours of operation and
parking demands such that adequate parking is available at all times.
Section 4:
unless, prior
property in
If at any time the existing chain link fence with slats that is located on the
adjacent property to the east is removed for any reason, th : this
property shall install a 6-foot solid wooden 1' .;I the eastern property
line to the sat i the Director of Development Services.
The approval of CUP 01-06 shall expire on September 4, 2003 at 5:00 p.m.
to that time, a building permit has been issued and construction on the
this approval h :l prior to its expiration.
Resolution No. P- 01-47
Page 5
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 4th day of September 2001.
ATTEST:
nne Peoples, C
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-01-47 , was duly adopted by the
City Council at a meeting of said City Council held on the 4th day of September 2001, and
that it was so adopted by the following vote:
AYES:
GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
C~ o~iwP?~pIes'