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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. Resolution No. P-05-19 Page 2 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 Resolution No. P-05-19 Page 3 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: Resolution No. P-05-19 Page 4 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. Resolution No. P-05-19 Page 5 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. Resolution No. P-05-19 Page 6 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. Resolution No. P-05- 19 Page 7 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