Res P-01-49RESOLUTION NO. P-01-49
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
CONDITIONAL USE PERMIT 01-09 AND
DEVELOPMENT REVIEW 01-10,
ASSESSOR'S PARCEL NUMBERS: 317-472-22 and 27
WHEREAS, Conditional Use Permit (CUP) 01-09 and Development Review (DR)
01-10 were submitted by the City of Poway for the purpose of ..3 a 14,400-
square-foot Poway Skate Park on a 0.6-acre site located on the northwest corner of
Civic Center Drive and Tarascan D ' in the Town Center zone; and
WHEREAS, on September 18, 2001, the City Council held a duly advertised
public hearing to solicit from the public, both pre and con, relative to this
application; and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council has considered the E Initial Study (ELS), and
Negative Declaration (ND) for Conditional Use Permit 01-09 and Development Review
01-10 and public comments received on the ElS and ND. The subject ElS and ND
d · lion are fully incorporated herein by this The City Council finds,
on the basis of the whole record before it, that there is no substantial evidence the
project will have a significant impact on the l and that the ND reflects the
independent judgement and analysis of the City. The City Council hereby approves the
Negative D
Section 2: The findings, in accordance with the Section 17.48.070 of the Poway
Municipal Code for CUP 01-09 approving the establishment of a 14,400-square-foot
Poway Skate Park, are made as follows:
The project is consistent with the General Plan and Zoning Code in that a public
recreational facility is conditionally permitted in the zone.
That the location, size, design, and operating ch of the use will be
compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, or natural in that the time and
operation of the facility will reflect that of the adjacent Poway Community Park,
and ' l with other programs, facilities and operations in the Park.
That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses because the site will be developed with facilities and buildings
which have been designed to be compatible with the Poway Community Park
:1 restroom facilities built in other City parks.
_ Resolution No. P- 0].-49
Page 2
That there are available public facilities, services, and utilities because the use
will be located ' lere all necessary facilil' ~le to the site.
That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the facility has been designed to be compatible with the
Poway Community Park facilities and is to serve children from throughout the
City.
That the generation of traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that the use will operate in an area
where there is adequal :J off-street parking has been incorporated into
the project.
That the site is suitable for the type and intensity of the use, in that it is a public
use to be located on public land and adequate parking and access will be
provided.
That there will not be significant harmful effects upon quality and
natural in that the site had been previously graded, and covered with
mulch.
That there are no oth
be mitigated.
: negative impacts of the development that cannot
The impacts, as described in subsections (A) through (I) of Section 17.48.070 of
the Poway Municipal Code, and the location, size, design and operating
characteristics of the proposed use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity nor be
contrary to the adopted General Plan.
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 findings, in accordance with Section 17.52.010 of the Poway Municipal
Code for DR 01-10 for a 14,400-square-foot Poway Skate Park complex, are made as
follows:
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties because the building and
skate facility have been designed to be architecturally compatible with structures
in the area.
Resolution No. P- 01-49
Page 3
The development encourages the orderly and h
structure and property within the City through its
Poway develop :lards.
appearance of
with the City of
Section 4: The findings in accordance with
public improvements are made as follows:
Code Section 66020 for the
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 services and facilities will be available to serve the project. The
provision of public improvements and payment of development fees are needed
as a result of the proposed development to protect the public health, safety and
welfare as identified below:
Drainage improvements shall be provided for th surface water
runoff; and
Access to the site will be provided in accordance with City standards and
:lequate emergency access.
Section 5: Conditional Use Permit 01-09 and Development Review 01-10, consisting of
the development of a 14,400-square-foot Poway Skate Park, as shown on the plans
dated July 12, 2001, is hereby approved subject to the following conditions:
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.
Conditional Use Permit 01-09 may be subject to 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 its operation.
Any changes in the approved use of the site will require the approval of a
modification to this Conditional Use Permit or Development Review Permit.
Depending upon the scope of such changes, at the discretion of the Director of
Development Services, said modification may be processed administratively or
may be referred to the City Council for a public hearing.
Prior to grading permit issuance, the applicant/developer shall complete the
following:
Submittal to the City, for review and approval, of precise grading plans,
erosion control plan, stormwater pollution prevention plan, grading permit
Resolution No. P- 01-49
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application and geotechnical report/s to the Development Services
Department.
Grading of the project shall be in substantial ~ with the
approved development plan and in accordance with the Uniform Building
Code, City Grading Ordinance, City Storm Water Management and
Discharge Control Ordinance.
A drainage system capable of handling and disposing of all surface water
originating within the development and all surface water that may flow
onto the development from adjacent lands shall h ' :1.
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from October 15th to April 15th. An erosion
control plan shall be prepared by the project civil engineer and shall be
submitted as part of the grading plan. The applicant/developer shall make
provisions to insure proper maintenance of all erosion control devices.
A stormwater pollution prevention plan (SWPPP) shall be prepared. The
SWPPP shall provide the erosion, sedimentation and pollution control
to be used during construction.
6. City approval of soils report and grading plans.
Submittal of a request for and hold a preconstruction meeting with a City
Engineering inspector. The applicant/developer shall be responsible that
necessary individuals, such as but not limited to, contractors,
subcontractors, project civil engineer and project soils engineer must
attend the preconstruction meeting.
Prior to construction of public improvements, the applicant/developer shall
complete the following:
Improvements shall be constructed in accordance with City adopted
standards and specifications, the latest adopted edition of the Standard
Specifications for Public Works Construction and its corresponding San
Diego supplements, the current San Diego Regional Standard Drawings.
Prior to building permit issuance for each phase, unless other timing is indicated,
the following conditions shall be satisfied.
1. Grading, of the site and bowl area, restroom and shade structure
construction.
Resolution No. P-01-49
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Completion of and approval by the City of rough grading of the
project site.
City approval of soils' compaction report.
City approval of a certification of line and grade.
A detailed landscape and irrigation plan shall be submitted for review and
approval by the Director of Development Services. Plans shall be
prepared in accordance with the City of Poway Guide to Landscape
(latest edition) and shall show the following:
All landscaped areas shall be :1 in a healthy and thriving
condition, free from weeds, trash and debris.
Any signs proposed for this development shall be designed and approved
in conf lh the Sign Ordinance.
Prior to occupancy, unless other timing is indicated, the applicant shall comply
with the following conditions. Approval for occupancy may be requested for each
phase of
The hours of operation shall be from daily from 8:00 a.m. to 10:00 p.m.
The operational hours and days may be changed because of weather,
operational, seasonal or other undefined constraints and shall be subject
to the approval of the Director of Community Services.
A security system that will include motion detectors and warning sirens or
lights shall be installed in the bowl area of the Poway Skate Park to alert
City staff/Sheriff of unauthorized entry into the facility. The design shall be
subject to the satisfaction of the Directors of Community Services and
Safety Services.
H. The following requirements of the Safety Services Department shall be met:
Roof covering shall be fire retardant as per UBC Section 1503 and 1504
and City of Poway Ordinance No. 64.
A 'Knox' Security Key Box shall be required for the gate at a location
determined by the City Fire Marshal.
Section6: The terms and conditions of Conditional Use Permit 01-09 and
Development Review 01-10 shall be binding upon the permittee and all persons, firms
and corporations having an interest in the property subject to these permits and the
Resolution No. P- 01-49
Page 6
heirs, administrators, and assigns of each of them, including
municipal corporations, public agencies and districts.
Section 7: The approval of CUP 01-09 and DR 01-10 shall expire on September 18,
2003, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and
on the property in the CUP and DR approvals has
prior to its expiration.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a reg ' 2 this 18th day of September 2001.
ATTEST:
~'~(Anne Peoples, C~ity C~erk'~
Michael P. Cafagna,~r
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- 01-49 , was duly adopted by
the City Council at a meeting of said City Council held on the 18th day of September
2001, and that it was so adopted by the following vote:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~ n: p~(~oples, City~l~r~'''~'
City of Poway