Res P-13-01RESOLUTION NO. P -13 -01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 12 -002 AND
DEVELOPMENT REVIEW 12 -002
ASSESSOR'S PARCEL NUMBER 314 - 194 -23
WHEREAS, Conditional Use Permit (CUP) 12 -002 and Development Review
(DR) 12 -002 were submitted by Thomas Morley: A request to construct a detached
2,064- square -foot addition to The Poway Country Preschool located at 14411 Norwalk
Lane, in the Single - Family Residential 4 zone and the Old Poway Specific Plan area.
The addition will replace the existing classroom trailer onsite, which will be removed.
No increase in the number of children or staff is proposed; and
WHEREAS, on January 15, 2013, 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 3 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15303(c) of the CEQA Guidelines, in that the proposed project consists of the addition
of a classroom building less than 2,500 square feet located on a site with an existing
preschool and the project will not result in an intensification of the use of the site in that
no increase in the number of students or staff is proposed.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC), for CUP 12 -002, a Modification to 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 PMC (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 of the proposed use will
be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, people, buildings, structures, or natural resources.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with adjacent uses.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
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E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the proposed detached building is consistent in size with surrounding homes
and will be partially screened from view from the street with a fence.
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.
G. The site is suitable for the type and intensity of use or development that is
proposed in that the proposed detached building will replace an existing modular
classroom building, which will be removed.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that there is no sensitive native habitat on the property.
Trees proposed for removal to accommodate the addition are non - native species
and will be replaced in accordance with the City's Urban Forestry Ordinance,
Chapter 12.32 PMC.
There are no relevant negative impacts of the proposed use that cannot be
mitigated.
J. That the impacts, as described in subsections A through I of this Section, 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 or welfare, or materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan; and
K. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances.
Section 3: The findings for DR 12 -002, in accordance with PMC 17.52.010 Purpose
of Development Review, are made as follows:
A. The proposed detached classroom building will be consistent in design with the
existing school building and consistent in scale with surrounding residential
development; therefore, the project respects the interdependence of land values
and aesthetics to the benefit of the City.
B. The proposed detached classroom building will not have an adverse health,
safety or aesthetic impact upon adjoining properties in that the project is in
compliance with all City development standards.
C. The proposed detached classroom building is in compliance with the Zoning
Ordinance in that it will maintain a 50 -foot setback from the neighboring
residential development and a preschool is permitted within the RS -4 zone with
the approval of a Conditional Use Permit.
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D. The development encourages the orderly and harmonious appearance of
structures and property within the City.
Section 4: The findings, pursuant to Government Code Section 66020, for the public
improvements for CUP 12 -002 and DR 12 -002 are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project.
B. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance
public infrastructure improvements, which promote a safe and healthy
environment for the residents of the City.
Section 5: The City Council hereby approves CUP 12 -002 and DR 12 -002, as shown
on the approved plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. Approval of this CUP request 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.
C. Within 30 days of the date of this approval, and before the issuance of any
permit: (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. In order for the City to prepare the
Covenant, the applicant must first submit a legal description of the subject site.
D. 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.
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E. The conditions of CUP 12 -002 and DR 12 -002 shall remain in effect for the life
of the subject use, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
F. CUP 12 -002 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
G. CUP 12 -002 permits up to 60 preschoolers between the ages of 2 to 6 years.
Hours of operation are limited to 6:00 a.m. to 6:00 p.m., Monday through Friday.
The number of children allowed on the playground at one time will remain at 24.
H. Conditions of approval listed in Resolutions No. P- 85 -73, No. P- 90-42, P -95 -19
approving CUP 82 -10M, CUP 82- 10M(2), and CUP 82- 10M(3) respectively, are
fully incorporated herein by this reference, except that the modular classroom
units shall be removed upon receiving occupancy of the proposed detached
classroom addition.
The applicant shall obtain a Building Permit. Prior to issuance of a Building
Permit, the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted California Building
Code, California Plumbing Code, California Mechanical Code, California
Electric Code, Title 24, Chapter 17.07 PMC, and all other applicable codes
and ordinances in effect at the time of permit issuance.
2. The applicant shall contact the Poway Unified School District [858
679 -2570] to verify if school impact fees are required. If required, the fees
shall be paid at the rate established at the time of Building Permit
issuance
(Engineering)
3. All spoil materials from footings and foundations shall be legally disposed
of offsite unless a Grading Permit for placement of the materials is
obtained from the Department of Development Services — Engineering
Division prior to placement or the applicant has received verification from
the Department in writing that no permit is required.
4. Applicant shall incorporate Low Impact Development (LID) design features
into site development. These shall be clearly shown and identified on
the site plan and be appropriately sized for the proposed level of
development.
5. All overhead utility services to the existing building shall be relocated
underground. The site plan shall show the location of all existing
overhead utility services and where the utilities will be relocated
underground. All proposed utility connections shall be installed
underground.
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6. The building plans shall include a pre - development and post development
fixture unit count for the project. A fixture unit is any fixture, device or
appliance which supplies water or which receives liquid or liquid borne
wastes and discharges such waste into the sewer system.
7. A minimum $2,000 cash security for erosion control is required.
8. The applicant shall attend a pre- construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer. The
applicant's action plan identifying measures to be implemented during
construction to address erosion, sediment and pollution control will be
discussed. Compliance for sediment control shall be provided as directed
by the project inspector.
9. Erosion control shall be installed and maintained by the developer from
October 1 to April 30. The developer shall maintain all erosion control
devices throughout their intended life.
10. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is
$2,636.
11. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. The current applicable fees are estimated as
follows:
a. Traffic (2,064SF addition) $6,867
b. Sewer TBD
C. Fire Apparatus (2,064SF addition) $160.29
*The sewer fee will be determined when final building plans are submitted
according to Ordinance 684.
(Planning)
12. All architectural details shown on the approved DR plans shall also be
shown on the building plan check submittal. Any major modifications
to the building or site design details on the approved DR plans will require
a DR revision and City Council approval.
13. 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
PMC 17.08.2201.
14. The building plans shall include elevations and cross sections that show
all roof appurtenances, including air conditioning, architecturally
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integrated, screened from view, and sound buffered from adjacent
properties and streets, to the satisfaction of the Director of Development
Services.
15. Exterior building materials and finishes shall reflect the approved
elevations on file with the City and these conditions of approval, and shall
be noted on the building plans to the satisfaction of the Director of
Development Services.
16. Approval of a Tree Removal Permit shall be obtained prior to removal of
any trees. In addition, prior to removal of any trees during the recognized
nesting season for raptors, a qualified professional shall evaluate the
subject trees for nests and report the findings in writing to the City. Should
a nest be located, removal of the tree shall be delayed until such time as
the nest(s) have been abandoned.
17. A landscape and irrigation plan shall be submitted for review and approval
for any disturbed areas to the satisfaction of the Director of Development
Services. The plans shall be in compliance with the City of Poway
Landscape and Irrigation Design Manual, and all other applicable
standards in effect at the time of landscape and irrigation plan check
submittal. If the newly created or modified landscape area equal to or
greater than 1,000 square feet as a result of this project, the applicant
shall comply with Chapter 17.41 PMC, Landscape Efficiency Standards.
Landscape and irrigation plan review fees are required and are the
responsibility of the applicant. The landscape plan shall, at minimum,
show the following:
a. Irrigation, and plant sizes and species for new and revised
landscape planters within and along the perimeter of the parking
lot.
b. The landscape plan shall provide for tree replacement as required
by a Tree Removal Permit.
J. The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
1. The applicant is required to meet all applicable Poway Municipal Code
and California State Fire and Building Codes for this project. The
applicant is encouraged to contact the Division of Fire Prevention at (858)
668 -4470 to set up a meeting prior to submitting building plans in order to
review project requirements.
2. Roof covering shall be fire retardant as per PMC 15.04.050, and City of
Poway Ordinance No. 64 and its amended Ordinance No. 526.
3. The building shall display the numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be six
inches on the front facade of the building. Building address shall also
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be displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriff's Dept. - ASTREA criteria.
4. The building constructed shall be accessible to Fire Department apparatus
by way of an access roadway with all- 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 clearance.
5. The new building shall have a minimum separation of 10 feet in lieu of
installation of a fire sprinkler system.
6. An automatic fire alarm system shall be installed and interconnected to the
adjacent, existing classroom building in such a manner that if one detector
activates, all detectors activate. Smoke detectors shall be installed at the
ceiling of every room and in "ceiling- plenums" utilized for environmental
air. Where the ceiling is attached directly to the underside of the roof
structure, smoke detectors shall be installed on the ceiling only.
7. The automatic fire alarm system shall be monitored. The system shall
transmit the alarm, supervisory and trouble signals to an approved
supervising station in accordance with NFPA 72.
8. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
9. Fire Department access for use of firefighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
10. Minimum 2A:10BC fire extinguisher is required for every 3,000 square feet
and 75' travel distance.
K. Prior to issuance of the Certificate of Occupancy:
1. The site shall be developed and the building elevations shall be
constructed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein.
A final inspection from appropriate City departments will be required.
(Engineering)
2. The drainage facilities, driveway, and all utility services shall be installed,
and completed by the property owner, and inspected and approved by
the Engineering Inspector. All new utility services shall be placed
underground.
3. An adequate drainage system shall be provided around the new building
pad capable of handling and disposing all surface water to the satisfaction
of the Engineering Inspector.
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4. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to public improvements caused by construction activity from
this project.
5. All utility services to the existing and proposed building shall be installed
underground.
6. The existing temporary structure is currently located within a City
easement. It shall be removed from the site prior to occupancy.
(Planning)
7. Tree replacements shall be installed in compliance with the conditions of
approval of the Tree Removal Permit.
8. Landscaping and irrigation shall be installed consistent with the approval
landscape plans.
L. Upon establishment of the proposed use, pursuant to CUP 12 -002 and
DR 12 -002, the following shall apply:
1. Any signs proposed for the use shall be designed and approved in
conformance with the Poway Municipal Code Sign Ordinance.
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 PMC. 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.
Resolution No. P -13 -01
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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 onsite 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 Landscape and Irrigation Design Manual. 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.
Section 6: The approval of CUP 12 -002 and DR 12 -002 shall expire on January 15,
2015, 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.
Section 7: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 15th day of January, 2013.
Joh"ifffIlin, Deputy Mayor
ATTEST:
N`-
Kristen M. Crane, Interim City Clerk
Resolution No. P -13 -01
Page 10
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Kristen M. Crane, Interim City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -13 -01 was duly adopted by
the City Council at a meeting of said City Council held on the 15th day of January, 2013,
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN
NOES: NONE
ABSENT: HIGGINSON
DISQUALIFIED: NONE
aw
Kri4ten M. Crane, Interim City Clerk
City of Poway