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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'