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