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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 Page 4 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 Page 5 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