Res P-08-19
RESOLUTION NO P-OS-19
'\ Ri:::':.,UUfl'i(')N JF THE CITY COUNCIL
OF' THt' crp UF PO\i\JlW, CALIFORNIA
APPROVING CONDiTIONAL USE PERMIT OS-02
,I'..SSESSOR'S PARCEL NUMBER 317-S10-16
WHEREAS, Conditional Use Permit (CUP) 08-02 was submitted by Kathryn Holt,
Poway Adult Day Health Care, ApplicanUCochran Family Trust, Owner, for approval to
establish and operate an aault day care business serving up to 90 clients in the building
located at 12250 Crosthwaite Circle, on property that is zoned South Poway Planned
Community and has a land use designation of Light Industrial, and,
WHEREAS on August 19, 200S, the City Council held a duly advertised public
hearing to solicit (;nmmentsfrul'n tht; public both pro and con relative to this application.
NOW, THEHEFORE, BE iT RESOLVED by the City Council of the City of Poway
as follows
Section 1 Conditional Use Permit OS-02 is Categorically Exempt from the California
Environmental Quality Act (CEQA), as a Class i Categorical Exemption, pursuant to
Section 15301 of the CEQA Guidelines. in U',at the use proposed with the project will
occupy existing facilities and involve only interior alterations to the building.
Section 2: The findings, in accordance with Section 17 48 070 of the Poway Municipal
Code, for CUP OS-02 to establish and operate an adult day care business serving up to
90 clients in the building located at 12250 Crosthwaite Circle on land designated for Light
Industrial use within the South Poway Planned Community zone, are made as follows.
A. The proposed location, size, design, and operating characteristics of the adult day
care center are in accord with the title and purpose of Chapter 17 4S of the Poway
Municipal Code (Conditional Use Permit Regulations), the City General Plan and the
South Poway Specific Plan, and the development policies and standards of
the City in that the site is designated for Light Industrial use and a day care use is
allowed with the approval of a Conditional Use Permit.
B The location, size, design, and operating characteristics of the adult day care center
will be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, buildings, or structures in that the use will be located within an
existing industrial building, it will not increase the intensity of use in the surrounding
industrial area, and adequate parking is available
C The adult day care center is in harmony with the scale, bulk, coverage, and density
of, and is consistent with, adjacent uses in that the use will be located within an
existing industrial building
D There are adequate public facilities, services, and utilities available at the subject
site to serve the adult day care center
Resolution No. P-08-19
Page 2
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the adult day care center can be accommodated wholly
within an enclosed building, and there are adequate parking facilities to serve the
adult day care.
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 level of service of the streets in the area is at an acceptable level,
and the majority of the adult day care clients will arrive and depart from the facility
via the center bus transportation program.
G The site is suitable forthe type and intensity of use or development that is proposed
in that the adult day care center operation will occur within an existing
industrial building. The maximum number of clients served by the center will be
limited to 90 and there is no impact anticipated to the surrounding industrial uses
H There will not be significant harmful effects upon environmental quality and natural
resources in that the adult day care center will be located within an existing
industrial building, and will not impact natural habitat resources
I The potential impacts, and the proposed location, size, design and operating
characteristics of the adult day care center will not be materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan or the South Poway Specific Plan in that the use will operate within an
existing industrial building and will not increase the intensity of use in the
surrounding industrial area.
Section 3 The City Council hereby approves CUP 08-02 to establish and operate an
adult day care business serving up to 90 clients in the building located at 12250
Crosthwaite Circle on land designated for Light Industrial use within the South Poway
Planned Community zone, as shown on the plans dated July 17, 2008, 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 owner 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.
Resolution No P-08-19
Page 3
D The conditions of CUP 08-02 shall remain in effect for the life of the subject adult
day care center, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner
E. This Conditional Use Permit shall be subject to annual review by the Director of
Development Services for compliance with the Conditions of Approval and to
address concerns that may have occurred during the past year If the Director
determines the permit is not in compliance with the Conditions of Approval the
required annual review shall be set for a public hearing before the City Council, to
consider modification of the use permit.
F The applicant shall obtain a Building Permit prior to occupancy and comply with the
following'
1 The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Electrical/Building Permit issuance
2. The site shall be developed in accordance with the approved plan on file
in the Development Services Department (dated July 17, 2008) and
the conditions contained herein. Tenant improvement plans incorporating
all conditions of approval shall be submitted to the Building Division for
review and approval. During this review process, the tenant improvement
plans shall be routed to the Fire Marshal for review and approval. A final
inspection from the appropriate City Departments will be required
3 Payment of the following fee to the Engineering Division is required
Sewer
No building addition is proposed; this is an interior remodel only The total
number of new fixtures for plumbing provided by the architect is 10 This
results in 2.5 Equivalent Dwelling Units.
25 x $2,356 = $5,890
G Prior to occupancy, the applicant shall comply with the following
1 The following shall be completed to the satisfaction of the City Engineer
a The construction of public sidewalk and wheelchair ramp along street
frontages to this parcel is not required at this time, since no additional
development, or any re-development of the existing site is proposed.
Applicant is hereby permitted to defer the public improvements upon a
written request to the Office of the City Engineer A Deed Covenant
shall be recorded on the property which identifies the improvements to
Resolution No P-08-19
Page 4
be deferred.
b The applicant shall cause the dedication of the following easements to
the City'
I. An additional 5-foot wide public utility easement contiguous
with the existing dedicated 10-foot wide General Utility
Easement along the site's street frontages
ii A 6-foot-wide public pedestrian walkway access easement
along the site's street frontages.
iii. A processing fee of $745 per easement shall be paid to the
City at first submittal of easement documents to Poway
Engineering for review
2 The following fire safety requirements shall be completed to the satisfaction
of the Fire Marshal:
a. The occupancy classification is an 1-4
b The facility is required to have a fire alarm system
c The locking devices on the exit doors will be required to be single-
action (panic hardware)
d Any construction (tenant improvement will require the fire sprinkler
system to be evaluated by a State-licensed fire sprinkler contractor
e Provide one 2A.1 OBC fire extinguisher for every 3,000 square feet or
portion thereof
H. Prior to the onset of business activity and establishment of the adult day health
care center, the necessary approvals and licenses shall be obtained from the
California Department of Aging and the California Department of Health Services
A copy of the approved license(s) shall be provided to the Planning Division.
I Upon establishment of the adult day health care center pursuant to CUP 08-02,
the following shall apply'
1 The adult day health care center shall be comprised of a reception area,
various offices, classroom, dining area food service area, miscellaneous
activities areas, a multipurpose room, a physical therapy room, storage and
utility rooms, and restrooms, as reflected in the site plans dated July 17,
2008
Resolution No P-08-19
Page 5
2. In addition to implementation of the approved Poway Adult Day Health Care
Center client drop off program, a minimum of 20 onsite parking spaces
shall be provided
3 The adult day health care center is limited to operation from 8'00 a.m. to
4 30 p.m. Monday through Friday, with no weekend hours. Additional
hours or an expansion in floor area for the use may be approved by the
City Council upon determination that there is no impact on the demand for
parking.
4 Any signs proposed for the use shall be designed and approved in
conformance with the Sign Ordinance
Section 4 The approval of CUP 08-02 shall expire on AUQust 19, 2010, at 5:00 p.m.,
unless the applicant has obtained a Building Permit pursuant to this approval prior to the
expiration date
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 19th day of August 2008
ATTEST
Resolution No P-08-19
Page 6
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing ResolutionNo P- 08-19, was duly adopted by the City
Council at a meeting of said City Council held on the 19th day of August 2008, and that it
was so adopted by the following vote
AYES EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT BOYACK
DISQUALIFIED' NONE