Res P-82-31RESOLUTION NO. P-82-31
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT CUP 82-04
ASSESSOR'S PARCEL NUMBER 317-200-08
WHEREAS, Conditional Use Permit CUP 82-04, submitted by Holly Leslie,
applicant, requests to utilize an existing single family home as a Day-
care Home for twelve (12) children for the property located at 12728
Pomerado Road west side at the terminus of Metate Lane, in the R-R-l,
(Rural Residential); and
WHEREAS, on June 22, 1982, 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 resolve as follows:
Section 1: Findings:
That 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, residents,
buildings, structures, or natural resources, with consideration
given to:
A. Harmony in scale, bulk, coverage and density;
B. The availability of public facilities, services and
utilities;
C. The harmful effect, if any, upon desirable neighborhood
character;
D. The generation of traffic and the capacity and physical
character of surrounding streets;
E. The suitability of the site for the type and intensity of use
or development which is proposed;
F. The harmful effect, if any, upon environmental quality and
natural resources; and
G. Any other relevant impact of the proposed use.
That the impacts, as described in paragraph "1" of this section,
and the location of the proposed use will not adversely affect the
Poway General Plan.
Section 2: Environmental Findings.
The City Council finds that this project is categorically exempt from
environmental review under the provisions of the California
Environmental Quality ~t.
Resolution No. P 82-31
CUP 82-04
Page 2
Section 3: City Council Decision:
The City Council hereby APPROVES Conditional Use Permit CUP 82-04
subject to the following conditions:
1. The effective date of approval shall be on the date of building
permit finalization.
Hours of operation shall be limited from 7:00 a.m. to 6:00 p.m.
weekdays and a maximum of twelve (12) children shall be permitted
at any one time.
3e
Outdoor activity periods shall be permitted between 10:00 a.m. and
5:00 p.m. One (1) adult shall remain outside at all times
children are using the recreational areas.
4e
All required permits shall be obtained from and all recreational
equipment shall be secured to the satisfaction of the County of San
Diego Department of Social Services licensing officer. A letter of
approval shall be submitted to the Director of Planning Services
prior to approval of Minor Development Review.
A minimum area of twenty (20) by twenty (20) feet shall be
improved outside of the ultimate right-of-way of Pomerado Road
and/or to the satisfaction of the Directors of Planning and
Public Services to provide for safe ingress and egress.
6e
An Irrevocable Offer of Dedication shall be required for Pomerado
Road. Improvment in the way of a sidewalk five feet wide and
dedication shall be to major road standards, however, that
improvement and dedication may be deferred by the owner's
execution of an agreement with the City, in which the owner agrees
to install or pay for the street improvements at such time as the
remainder of the west side of Pomerado Road, between Poway Creek
and Metate Lane, is scheduled to be similarly improved, either by
private or public means, or by assessment district. This
agreement shall be recorded and shall run with the land, and shall
be prepared in a form approved by the Director of Public Services
and the City Attorney prior to the effective date of the use
permit.
7e
No sound amplification system shall be utilized outdoors and no
music or other sources of noise shall occur outdoors on the
property.
Resolution No. P-82-31
CUP 82-04
Page 3
Five (5) parking spaces are required to be shown on the concrete
pad in front of the garage to the satisfaction of the Director of
Planning Services.
This use permit shall be reviewed annually by the City Council to
ensure that all conditions of approval are being met or sooner if
complaints are received. Non-compliance with conditions will
result in a review of the permit by the City Council for possible
modification or revocation.
Section 4: City Council Decision:
The City Council hereby APPROVES Conditional Use Permit CUP 82-04
subject the the following standard conditions:
Applicant shall contact the Department of Planning Services regarding
compliance with the following conditions:
A. SITE DEVELOPMENT
Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the
conditions contained herein.
2e
Approval of this request shall not waive compliance with all
sections of the Zoning Ordinance and all other applicable
City Ordinances in effect at time of Building Permit
issuance.
3e
Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval contained
herein shall be completed to the satisfaction of the Director
of Planning Services.
B. PARKING AND VEHICULAR ACCESS (No Conditions)
C. LANDSCAPING (No Conditions)
D. SIGNS
Any signs proposed for this development shall be designed in
conformance with the Sign Ordinance and shall require review
and approval by the City Council.
E. RECREATION (No Conditions)
Resolution No. P 82-31
CUP 82-04
Page 4
F. ADDITIONAL APPROVALS REQUIRED
Development Review shall be accomplished prior to the
issuance of a Building Permit.
2e
This Conditional Use Permit is granted for a period of 36
months at the end of which time the City Council may add or
delete conditions, or revoke the Conditional Use Permit.
Applicant shall contact the Building Division regarding compliance with
the following conditions:
G. SITE DEVELOPMENT
The applicant shall comply with 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 in effect at the time of approval
of this project.
2J
Prior to issuance of building permits for combustible
construction, evidence shall be submitted to the Director of
Safety Services that water supply for fire protection is
available. Where additional fire protection is required by the
Director of Safety Services, it shall be serviceable prior to the
time of construction.
This approval shall become null and void if building permits are
not issued for this project within one year from the date of
project approval.
H. EXISTING STRUCTURES
Provide compliance with the Uniform Building Code for
property line clearances considering use, area and
fire-resistiveness of existing buildings.
I. GRADING (No Conditions)
Applicant shall contact the Public Services Department regarding
compliance with the following conditions:
J. STREETS AND SIDEWALKS
1. All street structural sections shall be submitted to, and
approved by the Director of Public Services.
Resolution No. P 82-31
CUP 82-04
Page 5
2e
Street improvement plans prepared on standard size sheets by a
Registered Civil Engineer shall be submitted for approval by the
Director of Public Services. Standard plan check and inspection
fees shall be paid by the developer.
K. DRAINAGE AND FLOOD CONTROL
1. The applicant will be responsible for construction of all onsite
drainage facilities required by the Director of Public Services.
L. UTILITIES (No Conditions)
M. GENERAL REQUIREMENTS AND APPROVALS (No Conditions)
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 22nd day of June, 1982.
Mary She~rdson, 9~ayor
ATTEST:
Marjori~; Wahlsten, City Clerk