Res P-82-54RESOLUTION NO. P 82-54
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 82-04
ASSESSOR'S PARCEL NUMBER 317-200-08
WHEREAS, Conditional Use Permit 82-04, submitted by Holly Leslie, applicant,
requests to utilize an existing single family home as a Daycare Home for twelve
(12) children for the property located at 12728 Pomerado Road on the west side
at the terminus of Metate Lane, in the R-R-l, (Rural Residential) zone;
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 and approved Conditional Use Permit 82-04, with
conditions contained in Resolution P 82-31; and
WHEREAS, because practical difficulties existed which precluded the
applicant from meeting Condition No. 5 of Resolution No. P 82-31, a City-
initiated modification of that resolution amending the previous condition was
considered.
NOW, THEREFORE, the City Council finds that Resolution P 82-31 is
surperseded by this resolution and 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 land uses, in terms of scale,
bulk, coverage and density because the existing residential
structure was developed in a style and form similar with the adjacent
development.
Public facilities, services and utilities are available to serve the
site.
5e
6e
Potentially harmful effects upon the desired neighborhood
characteristics can be mitigated by appropriate conditions of approval
contained in subsequent sections of this resolution.
Potentially harmful or undesirable effects upon the capacity and
physical characteristics of surrounding streets resulting from
additional traffic generated to and from the site can be mitigated as
conditions of approval.
There is adequate space available on-site for the range of activities
associated with the use.
This application is consistent with the City of Poway's General Plan
and zoning Ordinance.
Resolution No. P 82-54
CUP 82-04
Page 2
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 Act.
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.
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 while
children are using the recreational areas.
4e
Ail 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.
Se
The applicant shall be required to grade the westerly shoulder of
Pomerado Road, north of the driveway, and the driveway width between
the existing pipe anchors to the satisfaction of the Director of
Public Services.
An Irrevocable Offer of Dedication shall be required for Pomerado
Boad. Improvement 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 from approved by the
Director of Public Services and the City Attorney prior to the
effective date of the use permit.
Resolution No. P 82-54
CUP 82-04
Page 3
7. No sound amplification system shall be utilized outdoors and no music
or other sources of noise shall occur outdoors on the property.
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.
9e
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 82-04, subject to
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.
Approval of this request 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.
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 82-54
CUP 82-04
Page 4
F. ADDITIONAL APPROVALS REQUIRED
1. Development Review shall be accomplished prior to the issuance of a
building permit.
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.
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.
3e
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 DEPARMENT 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 82-54
CUP 82-04
Page 5
2. 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. DI~AINAGE AND FLOOD CONTROL
1. The applicant will be responsible for construction of all on-site
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 14th day of September, 1982.
ATTEST:
Marjori~ K~ Wahlsten, City Clerk