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Res P-01-65RESOLUTION NO. P-01-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 01-08 AND DEVELOPMENT REVIEW 01-07 ASSESSOR'S PARCEL NUMBER 314-710-35 WHEREAS, CUP 01-08 and Development Review 01-07, submitted by Ron and Judith Stephens, Applicants, requests a Conditional Use Permit to establish a pre- school, on a vacant 1.75-acre property located within Twin Peaks Plaza on the southwest corner of the intersection of Twin Peaks Road and Ted Williams Parkway in the C General (CG) zone; and WHEREAS, on December 11, 2001, the City Council held a duly advertised public hearing to solicit comments 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 01-08 and DR 01-07 are Categorically Exempt from the provisions of the California E Quality Act, pursuant to Section 15303, Class 3, in that the project involves the construction of small buildings (not exceeding 10,000 square-feet in total area) on a lot zoned for the proposed use. Section2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code for CUP 01-08 are made as follows: The proposed use will be locating on a vacant lot within an existing shopping center. The size of the pre-school is appropriate for the use and its location. The design of the pre-school facility is appropriate for the use and the surrounding area. The proposed project is a permitted use in the CG 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 are 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. The pre-school facility has been designed to be consistent with the architectural style of the adjacent center. The location, size, and design of the proposed facility are appropriate for the use and are consistent 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 for Resolution No. P- 0:t-65 Page 2 noise and operating hours, and parking/loading. Therefore, the location, size, design, and operating i the proposed use will be with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural The proposed use will be locating on a vacant lot within an existing shopping center. The pre-school will meet or exceed standards for scale, coverage, and density. Therefore, the harmony in scale, bulk, coverage, and density of the project ' : with adjacent uses. D. There are public facilities, services, and utilities available. The proposed use will not create a negative visual impact. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. The project will not increase traffic beyond the capacity of Ted Williams Parkway or other streets serving the project. A condition of approval for the project requires that a traffic analysis be completed prior to grading permit issuance to determine whether timing modifications are necessary at the Ted Williams Parkway and Pomerado Road intersection traffic signal or the Ted Williams Parkway and Twin Peaks Road ' ' " traffic signal to maintain or improve traffic flow. The findings of that analysis are included as conditions of this approval. 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 pre-school is allowable in the CG zone, and the use will be compatible with adjacent development, and adequate separation exists to buffer the use from existing across the street residential development. Therefore, the site is suitable for the type and intensity of use or development that is proposed. The use involves no hazardous materials or processes nor does it 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 or maintained will not be detrimental to the public health safety. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code for Development Review 01-07, are made as follows: Resolution No. P- 0].-65 Page 3 The project is construction of a where th with the Poway General Plan in that it proposes the building in a area of the community The project will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties; because the site and the building have been designed with reference to the surrounding buildings within Twin Peaks Plaza C Center, utilizing similar materials, size, scale, and other architectural features. That the development is in compliance with the Zoning and Grading Ordinances as it complies with the property development standards of the CG zone. That the development encourages the orderly and h appearance of structures and property within the City as the surrounding properties consist of properties and single-family residences. Section 4: The findings in accordance with G public imp made as follows: Code Section 66020 for the The design and imp 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: 1. Drainage improvements shall be provided for th in surface water runoff; and Water and sewer fees shall be paid and 3rovements constructed to provid :1 to the development; and Access to the site will be provided in accordance with City standards and :lequate emergency access. Section 5: The City Council hereby approves CUP 01-08 and DR 01-07 to develop and establish a 9,313 square-foot pre-school on a vacant lot located on the southwest corner of Twin Peaks Road and Ted Williams Parkway in the CG zone, as shown on the plans dated November 1, 2001, subject to the following 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. Resolution No. p-0[~65 Page 4 Approval of this request shall not waive compliance with the 7oning Ordinance and all other applicable City in effect at the time of building permit issuance. The use conditionally granted by this permit shall not be conducted in such a to interfere with the reasonable use and enjoyment of the surrounding residential and uses. This Conditional Use Permit 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 -I during the past year. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. The applicant shall comply with the Poway Municipal Code and the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances. Prior to ' I a building permit, a grading permit shall be obtained. Prior to grading permit issuance, unless other timing is indicated, the applicant/developer shall complete the following: A grading plan shall be prepared on City of Poway standard 3mm, 24"x36" mylar, with a scale of 1"=20' or larger. The grading plan shall show the following: a. All new slopes with a 2:1 (horizontal to vertical) slope. The driveway shall comply with the specifications provided in Section 17.08.170D of the Poway Municipal Code, and including minimum structural sections together with their elevations and grades. All driveway approaches to the development shall consist of alley type curb returns. A separate erosion control plan for prevention of sediment run-off during construction, The erosion control plan shall show the installation of gravel bags in lieu of sand bags. All utilities (proposed and existing), together with their appud :1 associated easements. Encroachments are not permitted upon any easement without an approved encroachment agreement/permit. Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to Resolution No. p-0].-65 Page 5 any installation work. No trenching for utilities will be permitted until the project planner has approved the plans and a copy is given to Engineering Inspector. Utility boxes shall be screened to the sat ~ the Director of Development Services. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from property lines. Buildings shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division. All proposed retaining walls, shall be part of the grading permit. Structural calculations shall be submitted to the Engineering Division for review for any non-standard walls. Show top of wall and bottom of wall elevations for the ' ' ' g walls. A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan. A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing all surface water within the project site, and all surface water flowing onto the project site from adjacent lands. Said system shall include all required to properly handle the drainage. Concentrated fl driveways are not permitted. An adequate drainage sy : :f the building pad capable of handling and disposing all surface water, including roof drainage, shall be provided to the sal' ~ ~the Engineering Inspector. To insure compliance with the Clean Water Act, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of run-off into the storm drain system or the natural stream. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control, a material storage site, to protect material from being exposed to storm run-off, protection of all storm drain inlets, on-site concrete truck wash and waste control, and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system. The applicant shall certify the SWPPP prior to approval of the grading and improvement plans. The SWPPP may be incorporated with the erosion control plan, but shall be under separate cover from the grading and improvement plans. The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. Resolution No. P- 0].-65 Page 6 10. Grading securities in the form of a bond and a cash deposit, or a letter of credit shall be posted with the City. A minimum $2,000 cash security is required. Since the additions of on-site fire hydrants required, a new fire hydrant, a water system analysis may be required and shall be prepared to establish the proper size and location of the public water system. Improvement plans for the fire hydrant shall be submitted for review to the Engineering Division prior to ' ~ a grading permit. The applicant shall pay the City the costs for preparing the analysis, plan check, and inspection fees. Complete landscape construction documents shall be submitted to and approved by the Planning Division. Landscape plan check fees are required upon submittal of the plans. Plans shall be prepared in accordance with the South Poway Development Plan and the City of Poway Guide to Landscape Requirements (latest edition) and include the following: Street trees, a minimum of 15-gallon size or larger, shall be installed in accordance with the City of Poway Guide to Landscape Requirements and shall be planted at an average of 30 feet on center spacing along all streets. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner. All existing irrigation and landscaping within any designated LMD shall be protected. Parking spaces may not overhang required landscape setback areas or landscape islands or strips that have an inside dimension less than 6-feet. The project site/grading plan shall be revised to include an additional landscape island along the southerly portion of the parking lot. A landscape island is required every 8-10 parking spaces. A traffic analysis prepared by a recognized Traffic Engineer shall be submitted to the City Traffic Engineer and Planning Division for review. The analysis shall cover before and after level of service calculations at Ted Williams Parkway and Pomerado Road and Ted Williams Parkway and Twin Peaks Road. The traffic analysis shall also assess the adequacy of the proposed on-site parking supply and pre-school drop off facilities. Project re-design shall be accomplished as deemed necessary Resolution No. p-01-65 Page 7 by the Director of Development Services prior to issuance of a grading permit. 11. All two-way traffic aisles shall be a minimum of 25-feet-wide. The proposed traffic aisle of the turnaround area shall be redesigned to :h the 25-foot ' ' ':lth requirement. 12. Separate pedestrian access shall be provided from the parking lot to the building complex area. Prior to building permit issuance, unless other timing is indicated, the applicant shall comply with the following: The appropriate Building Department approvals shall be received prior to initiation of construction. The building plans shall be consistent with the approved project plans dated November 1, 2001, and on file in the Planning Division as amended by these conditions. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Development Services Department prior to ' : building permits. The building elevation shall show all roof appurtenances, including air conditioners, architecturally integrated, screened from view, and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 5. The plans shall show all new and existing utilities placed underground. School impact fees shall be paid at the rate established at the time of building permit issuance. Please contact the Poway School District for additional information at (858) 748-0010, ext. 2089. 7. The building plans shall depict the exterior building :1 colors. Water, sewer, and fire protection systems plans shall be designed and constructed to meet the req ' I the City of Poway. 9. Th height of any f I shall not exceed 6 feet. 10. The following development fees shall be paid to the Engineering Division prior to building permit issuance. These fees are currently in effect and are subject to change. 11. 12. 13. 14. 15. 16. Resolution No. P- 0:t-65 Page 8 Traffic Mitigation: Park: Sewer: Water; 2,970 1,570 None 50 (Clean-out Box) 25 (Inspection) 20,356 (C ) 3,710' (Base Capacity) 130' (Meter) 2,004*(SDCWA Capacity Charge**) *Based on %" meter. For fees on other sizes of water meter, contact Engineering. ** To be paid by separate check, payable to the San Diego County Water Authority (SDCWA). Payment shall be remitted through the City. Rough grading of the lot is to be completed and meet the approval of the City Inspector and shall include submittal of the following: A certification of line and grade for each lot, prepared by the engineer of work. b. A final soil compaction report. Prior to start of any work within City held easements or right-of-way, such as of the driveway, a right-of-way permit shall be obtained from the Engineering Division. All appropriate fees shall be paid prior to permit issuance. Erosion control, including but not limited to desolation basins, using Best Management Practices, shall be installed and maintained by the developer throughout construction of the project. All buildings shall have an approved fire sprinkler system meeting P.M.C. req The entire system shall be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. An automatic f' ./stem shall be installed to approved standards by a properly licensed contractor. System shall be completely monitored by a U.L. listed central station 3any or proprietary remote station. A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area. Plans are to be submitted and approved, prior to installation. Resolution No. P- 01-65 Page 9 17. 18. 19. 20. 21. 22. 23. A 'Knox' Security Key Box shall be provided for the building at a location determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire sprinkler system Post indicator Valve. Fire Department access for use of fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained at all times until is completed. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and b :1 to the publ :1 sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other const ~y has been substantially completed to the sal the City. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36 inches of from the standpipe or attached additional risers, accessible by a 3'0" man door. Trash receptacles shall be enclosed within a 6-foot-high decorative masonry wall with view-obstructing gates pursuant to City standards. Lighting shall comply with the following: All outdoor light fixtures, including but not limited to illuminated signage, decorative building or landscape lighting, and parking lot lighting, shall be turned off between the hours of 11:00 p.m. and sunrise, except when used for security purposes, illumination of roadways, sidewalks, and similar safety-related applications. Automatic timing devices shall be integrated into all new or modified lighting systems to turn off lights at 11:00 p.m. All lighting used in parking lots, for security purposes or similar safety-related uses, shall be Iow-p iium except where the City Council has issued an exemption permit to allow high-pressure sodium lighting. The City Council may issue such exemption permits where the City Council finds that unusual dictate the use of brighter lighting for safety reasons. Resolution No. P-01-65 Page 10 shall be so that light rays emitted by the fixture are projected below the imaginary horizontal plane passing through the lowest point of the fixture and in such a manner that the light is directed away from streets and adjoining properties. d. III building. should be integrated with the architecture of the e. Freestanding lampposts shall be no taller than eighteen feet. The intensity of light at the boundary of any multi-family zone shall not exceed 75-foot lamberts from a source of reflected light. Prior to the City's approval for occupancy and release of securities, unless other timing is indicated, the applicant shall comply with the following: All conditions of approval contained herein shall be completed to the sa1 ~ the Director of Development Services. The applicant shall contact the Administrative Services Department and obtain a City of Poway business license for the use. The applicant shall obtain the required approvals and permits from the appropriate county and state agencies for the pre-school use. Landscaping and irrigation shall be installed in accordance with approved project landscaping plan. Record drawings of the grading plan signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the grading ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior 1 i occupancy and release of grading securities. The driveways, parking lot drainage improvements, retaining walls, all slope protection and erosion and utility including water and sewer shall be completed by the applicant and inspected by the Engineering inspector. Paving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. All two-way traff wall be a' ' ~ 25 feet wide. A ' ' 25-foot-wide emergency veh ~all be provided, maintained free 10. 11. 12. Resolution No. P-01-65 Page 11 and clear at all times during Services Dep q in accordance with Safety All parking spaces shall be double striped. The minimum d' for standard sized parking stalls shall be 8.5' x 18.5'. The parking lot design shall comply with the Americans with Disabilities Act, for accessible spaces with one van accessible space. All proposed utilities shall be installed underground. The following improvements shall be constructed to the satisfaction of the Director of Safety Services: Roof covering shall be fire retardant testing as per Uniform Building Code Section 1503 and 1504 and City of Poway Ordinance//64. The building shall display th ' 'ldress in a ~le from the :. M' ' : the building numbers shall be six inches on the front fa~}ade of the building. Building address shall be six inches on the front facade of the building. Building address shall also be displayed on the roof in a lisfactory to the Director of Safety Services, and meeting Sheriffs Department -ASTREA criteria. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with ail-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed Loads of fire apparatus having a minimum of 13'6" of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes'" with appropriate signs and curb markings. Minimum 2A: 10BC fire extinguisher required for every 3,000 square feet and 75' travel distance. The property shall be annexed into Landscape Maintenance District 83-1B to the sa1 " ~ the Director of Public Works: Upon occupancy, the following conditions shall apply: 1. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Resolution No. P-0].-65 Page 12 Any signs proposed for this development shall be designed and approved in th the Sign Ordinance. No outdoor paging systems or telephone bells or similar devices shall be used. The number of children enrolled and/or attending the pre-school facility at a given time shall not exceed 180. The proposed signage for the drop-off/pickup locations shall be :1 for the life of the facility, unless otherwise approved by the Director of Development Services. At no time shall noise from any source exceed the noise standards contained in the Poway Municipal Code. The applicant shall ensure that adequate on-site parking and drop-off facili~' lained at all times. The proposed hours of operation will be Monday through Friday, 6:00 a.m. to 6:00 p.m. Section 6: The terms and conditions of Conditional Use Permit 01-08 and Development Review 01-07 shall be binding upon the permittee and all persons, firms, and corporations having an interest in the property subject to these permits and their heirs, ad and assigns of each of them, including municipal corporations, public agencies, and districts. Section 7: This approval shall become null and void if building permits are not issued for this project by December 11,2003, at 5:00 p.m. Section 8: Pursuant to G l Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on December 11,2001. Resolution No. P- 01-65 Page 13 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of at a reg ..:1 this 11th day ATTEST: Michael P. Cafag~ Sherrie D. Worrell, City Clerk 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- 01-65 , was duly adopted by the City Council at a meeting of said City Council held on the 11th day of December 2001, and that it was so adopted by the following vote: AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: EMERY Sherrie D. Worrell, City Clerk City of Poway