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Res P-82-48RESOLUTION NO. P 82-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING ZONING ADMINISTRATOR PERMIT 80-51 TIME EXTENSION ASSESSOR'S PARCEL NUMBER 317-531-15 WHEREAS, Zoning Administrator Permit 80-51 Time Extension, submitted by Sandra and Michael Horan applicant, requests a time extension for a minor use permit to operate a day care home for the property located at 13271 Powers Court, on the southeast corner of Powers Court and McFeron Boad, in the R-S-7 (Single Family Residential) zone; and WHEREAS, on August 24, 1982, the City Council has considered comments, both pro and con, contained within the Agenda Report. 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 because of the conditions imposed upon the proposed use, contained in Section 3. That the harmony in scale, bulk, coverage and density is consistent with adjacent uses because the project facility is an existing structure developed in accordance with the characteristics of the surrounding residential properties. 3. That there are available public facilities, services and utilities. 4e That there will not be a harmful effect upon desirable neighborhood characteristics due to the compatibility of uses and to conditions addressing potential neighborhood impacts of traffic, location, parking and size/number of children. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element because the use of the subject site is a continuation of an existing business. e That the site is suitable for the type and intensity of use or development which is proposed because the necessary improvements have been previously installed to mitigate potential adverse environmental impacts. That there will not be significant harmful effects upon environmental quality and natural resources because potentially harmful effects can be mitigated by conditions of approval. Resolution No. P 82-48 ZAP 80-51 (TE) Page 2 8. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. That the impacts, as described above, and the location of the proposed use will not adversely affect the City of Poway General Plan for future as well as present development because the proposed use is consistent with the City's General Plan and is a temporary use, subject to review. Section 2: Environmental Findings. The City Council finds that this project is categorically exempt from environmental assessment under the provisions of the California Environmental Quality Act. Section 3: City Council Decision. The City Council hereby APPROVES Zoning Administrator Permit 80-51 (TE) subject to the following conditions: The effective date of approval shall be upon completion of all conditions of approval contained herein to the satisfaction of the Director of Planning Services. The applicant shall obtain the recertification of the Fire Marshall prior to the effective date of approval. All conditions imposed by the Fire Marshall shall be resolved prior to final approval of the Director of Planning Services. 3. The hours of operation shall be limited to 6:30 a.m. through 7:00 p.m., Monday through Friday. 4. The children shall be limited in age between four and twelve years. 5. The maximum number of children enrolled shall not exceed nine at any time, exclusive of the applicant's own children. 6. The loading and unloading of children from automobiles shall take place on Powers court exclusively. On an annual basis the Fire Marshall shall inspect the premises to determine compliance with the provisions of this permit, all in substantial accord with the plot plan. Resolution No. P 82-48 ZAP 80-51 (TE) Page 3 8.No children younger than five years shall be permitted to play in the front yard/driveway area. 9. Expiration of this approval shall occur two years from the effective date, with a possibility for one additional two year extension period, if requested prior to the expiration of this approval. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 24th day of August, 1982. Mary S~ardso~, Mayor ATTEST: Marjori~ ~. Wahlsten, City Clerk