Res P-05-19
RESOLUTION NO. P-05-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A MODIFICATION TO
CONDITIONAL USE PERMIT 82-10M(3)
AND REVISION TO DEVELOPMENT REVIEW 90-03R
ASSESSOR'S PARCEL NUMBER 314-194-23
WHEREAS, Modification to Conditional Use Permit (CUP) 82-10M(3) and Revision
to DR 90-03R were submitted by Poway Country Preschool: A request to enclose an
existing courtyard approximately 1,000 square feet in area to the Poway Country Preschool
located at 14411 Norwalk Lane within the RS 4 zone and the Old Poway Specific Plan
area, and;
WHEREAS, on March 15, 2005, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to these applications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The proposed project is Categorically Exempt as a Class 1 Categorical
Exemption from the California Environmental Quality Act (CEOA) pursuant to Section
15301 of the CEQA Guidelines, in that the proposed project consists of a minor addition to
an existing preschool and will not result in an intensification of the use of the site.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for Modification to Conditional Use Permit (CUP) 82-10M(3) are made as follows:
A. The proposed location, size, design, and operating characteristics of the private
school is in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the City General Plan, and
the development policies and standards of the City in that the site is designated for
residential use and a private school use is allowed with the approval of a Conditional
Use Permit.
B. The location, size, design, and operating characteristics ofthe private school will be
compatible with and will not adversely affect or be materially detrimental to adjacent
uses, buildings, or structures in that the additional floor area does not result in an
increase the number of students or classrooms.
C. The proposed school building will be in scale, bulk coverage and density is
consistent with adjacent uses in that the addition is contained within the existing
building envelope.
D. There are adequate public facilities, services, and utilities available at the subject
site to serve the private school.
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E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the private school building is in character with existing
development in the area and will not affect the views of adjacent property owners.
Existing landscaping will compliment and screen the building from the street.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan in that the number of students and classrooms will not be increased.
G. The site is suitable for the type and intensity ofthe proposed development in thatthe
project is an expansion of the square footage of an existing preschool without any
change in the number of students or classrooms.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the addition will consist of enclosing an existing courtyard, and will
not impact natural habitat resources.
I. There is no relevant negative impact of the proposed building expansion.
J. The potential impacts, and the proposed location, size, design and operating
characteristics of the private school will not be materially injurious to properties or
improvements in the vicinity, nor be contrary to the adopted General Plan or the Old
Poway Specific Plan, in that the project is a floor area expansion of an existing
preschool and the operating characteristics of the school is appropriate to the
purpose of the zone in which the site is located, and with the approval of a
Conditional Use Permit.
Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
for Revision to Development Review 90-03R are made as follows:
A. That the addition is within the footprint of an existing courtyard and does not need
grading. Therefore, the proposed use respects the interdependence of land values
and aesthetics to the benefit of the City; and
B. That the proposed courtyard enclosure will be accomplished by a new roof structure
that will provide the existing school building with a more orderly and harmonious
appearance; and
C. The proposed preschool addition will maintain the public health, safety, and general
welfare of the surrounding neighborhood; and
D. The project has been designed to minimize impacts on the surrounding community
by enclosing an existing courtyard between existing classroom and administrative
buildings utilizing a new simplified roof that will cover the entire building and remove
existing exterior air-conditioning ducts. The new roof will use building materials that
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are consistent with the farmhouse style called for as one of the architectural styles of
the Old Poway Specific Plan. Therefore, the proposed development respects the
public concerns for the aesthetics of development; and
E. That the new building would relate more to the aesthetics and architecture of the
adjoining properties; and
F. That the proposed preschool addition will comply with each of the applicable
provisions of the Zoning Ordinance and the General Plan.
Section 4: The City Council hereby approves CUP 82-1 OM(3)/DR 90-03R to enclose an
existing courtyard for a multi-purpose room and create a new outdoor patio area at the
Poway Country Preschool located at 14411 Norwalk Lane within the RS 4 zone and the Old
Poway Specific Plan area, as shown on the plans dated December 6, 2004, subject to the
following conditions:
A. Approval of this CUP shall apply only to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
B. 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 Regarding Real Property.
C. 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.
D. The conditions of CUP 82-1 OM(3) and DR 90-09R shall remain in effect forthe life of
the subject private school, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
E. CUP 82-10M(3) may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year.
F. Conditions of approval listed in Resolutions No. P-85-73 and No. P-90-42, approving
CUP 82-1 OM and 82-1 OM(2)/DR 90-03, respectively, are fully incorporated herein by
this reference, except that the fence along the north property line need not be solid
per the request of the neighbor to the north.
G. The applicant shall obtain a Building Permit prior to construction ofthe remodeling of
the existing building. Prior to issuance of a Building Permit, the applicant shall
comply with the following:
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1. The site shall be developed in accordance with the approved plan on file in
the Development Services Department (dated December 6,2004) and the
conditions contained herein. A final inspection from the appropriate City
Departments will be required.
(Building)
2. All new work shall comply with the California Code of Regulations Title 24
and the 1997 Uniform Building Code.
3. Provide Handicapped Accessible toilets for male and female staff and
students.
(planning)
4. Details of any new exterior lighting shall be included on the building plans,
including fixture type and design. All new exterior lighting fixtures shall be
low-pressure sodium, and designed such that they reflect light downward and
away from streets and adjoining properties pursuant to Poway Municipal
Code Section 17.08.220.L. Parking lot lights shall be on automatic timers to
the satisfaction of the Director of Development Services.
5. The building plans shall include elevations and cross sections that show all
roof appurtenances, including air conditioning, architecturally integrated,
screened from view, and sound buffered from adjacent properties and
streets, to the satisfaction of the Director of Development Services.
6. All new utilities shall be placed underground. Upgrading and relocation of
existing overhead electrical services shall be undergrounded.
7. The building plans shall call out building materials. The cupola shall consist
of wood siding.
I. Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and
City of Poway Ordinance No. 64.
2. An updated fire alarm system and smoke detectors shall be required.
3. A hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. Plans to be submitted and approved, prior
to installation.
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4. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
5. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and
75' travel distance.
6. The building shall display their numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches on
the front fa<;:ade of the building.
J. Prior to City of Poway approval for occupancy, unless other timing is indicated, the
following conditions shall be satisfied:
(Planning)
1. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to the private road improvements caused by construction activity
from this project.
2. The existing modular classroom building shall be painted to match the new
building.
3. All new utilities shall be placed underground. Upgrading and relocation of
existing overhead electrical services shall be undergrounded.
4. Existing trees should be trimmed or pruned as needed to develop strong and
healthy trunk and branch systems to the satisfaction of the Director of
Development Services. Tree maintenance and pruning shall be in
accordance with "American National Standard for Tree Care Operations"
latest edition (ANSI A300). Trees shall not be topped and pruning shall not
remove more than 25% of the trees' leaf surface.
(Public Works)
5. A backflow preventer shall be installed after the water meter.
K. Upon occupancy of the preschool addition, pursuant to CUP 82-10M(3), the
following shall apply:
(Planning)
1. Any signs proposed for the use shall be designed and approved in
conformance with the Poway Municipal Code Sign Ordinance.
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2. All facilities and related equipment shall be maintained in good repair.
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight.
3. Parking lot lighting shall comply with the following:
a. All parking lot lights on the school property, except for security
lighting, shall be turned off when no activities occur on the site. Lights
shall be turned off no later than half an hour after the conclusion of an
evening activity.
b. Security lighting is permitted to remain on, provided it has proper
shielding and does not create glare on adjacent properties.
c. All lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any adjoining
premises.
4. The facility shall be operated in such a manner as to minimize any possible
disruption caused by noise, and shall comply with the noise standards
contained in Chapter 8.08 of the Poway Municipal Code. At no time shall
equipment noise from any source exceed the noise standards contained in
the Poway Municipal Code. No loudspeaker sound amplification system
shall be used to produce sounds in violation of the Noise Ordinance,
including telephone, electric bell, or chime system.
5. The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
6. All landscaping on-site and within the adjacent public right-of-way shall be
adequately irrigated, and permanently and fully maintained by the owner at
all times in accordance with the requirements of the City of Poway Guide to
Landscape Requirements. The trees shall be encouraged and allowed to
retain a natural form. Pruning should be restricted to maintain the health of
the trees and to protect the public safety. Trees should be trimmed or pruned
as needed to develop strong and healthy trunk and branch systems. Tree
maintenance and pruning shall be in accordance with "American National
Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall
not be topped and pruning shall not remove more than 25% of the trees' leaf
surface.
7. The parking areas, driveways and landscape areas shall be well maintained.
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Section 5: The approval of CUP 82-1 OM(3)/DR90-03R shall expire on March 15,2007,
at 5:00 p.m. unless, prior to that time, a Building Permit has been issued, and construction
on the property in reliance on the CUP approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 15th day of March 2005.
ATTEST:
X~~
L. Diane Shea, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution NO.F05-19 was duly adopted by the City Council at
a meeting of said City Council held on the 15th day of March 2005, and that it was so
adopted by the following vote:
AYES:
NOES:
EMERY, REXFORD, CAFAGNA
NONE
ABSENT:
BOYACK, HIGGINSON
DISQUALIFIED:
NONE
X~~
L. Diane Shea, City Clerk
City of Poway