Res P-82-67 RESOLUTION NO. P 82-67
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT CUP 82-10
ASSESSOR'S PARCEL NUMBER 314-194-23
W~EREAS, Conditional Use Permit CUP 82-10, submitted by Poway
Country Preschool, Rudolph and Mary Tamayo, Applicant, requests to convert
an existing single family dwelling unit into a day care facility for 45
children for the property located on the northeast corner of Community
BDad and Norwalk Street, in the R-S-4 (Single Family Residential) zone;
and
WHEREAS, on November 9, 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 because the
characteristics of surrounding use have similar urban qualities.
That the harmony in scale, bulk, coverage and density is
consistent with adjacent uses because the adjacent residential
uses are separated from the building envelope by passive and
active open space and road alignments and because surrounding uses
are complementary with the use of the site for a preschool.
Architectural features of the structure blend with the surrounding
residential buildings.
3. That there are available public facilities, services and
utilities.
That there will not be a harmful effect upon desirable
neighborhood characteristics because the use of the site as a
child care center is compatible with surrounding residential
uses.
Se
That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element because
adequate on-site parking is proposed and because this impact is
mitigated by existing and future road improvements and appropriate
mitigation fees.
That the site is suitable for the type and intensity of use or
development which is proposed because the property has undergone
previous development.
Resolution P 82-67
November 9, 1982
Page 2
70
That there will not be significant harmful effects upon
environmental quality and natural resources because the building
envelope is located outside of the limits of the floodway and as a
result of previous development on the property.
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 use is
consistent with the designation, goals, objectives and policies of
the General Plan.
Section 2: Environmental Findings:
That this project will not create adverse impacts on the environment
and a Mitigated Negative Declaration for noise, traffic/circulation,
drainage/flood control, sewage and tree removal is issued per
conditions 1, 2, and 6 of Section 3 and Standard Conditions K-6, C-3,
and G-4 for drainage/flood, tree removal and sewage, respectively.
Section 3: City Council Decision:
The City Council hereby APPROVES Conditional Use Permit CUP 82-10,
subject to the following conditions:
No sound amplification system shall be utilized outdoors and no
music or other sources of noise shall occur which otherwise exceed
the limits established by current City standards.
The applicant shall pay the Traffic Mitigation fees in accordance
with Resolution No. 309, at the rate in effect at the time of
permit approval, within 6 months of the date of approval of this
use permit.
3. The effective date of approval shall be on the date of building
permit finalization.
4. The hours of operation shall be limited from 6:00 a.m. to 6:00
p.m., Monday through Friday.
Resolution P 82-67
November 9, 1982
Page 3
5. A maximum of 45 children, ages 2 through 10, shall be permitted
on-site at any time.
One class, not exceeding 12 children, shall be permitted on the
playground at any time. The applicant shall provide separate
outdoor areas for children 2 through 5 years of age and 6 through
10 years of age, to the satisfaction of the State Licensing
Office. Outdoor activity periods shall be permitted between the
hours of 10:00 a.m. and 6:00 p.m. One adult shall remain outside
at all times while children are using the playground.
The applicant is hereby notified of the future reconstruction of
Come, unity Road and Norwalk Street, of the extension of Camino Del
Norte, and that access to this parcel will be required to be taken
from Norwalk Street upon installation of these future road
improvements. Prior to the effective date of this use permit, the
applicant shall execute a covenant in which the applicant agrees
to the relocation of access to Norwalk Street, and to the payment
of a pro-rata share of the cost of the construction of any new or
relocated drives, driveways, fences, and other work as required by
the City Engineer to accomplish this at such time as the street
improvements occur.
The applicant shall make an appropriate Offer of Dedication to the
City of Poway for any portions of the property required for the
future extension of Camino Del Notre and/or the cul-de-sac of
Norwalk Street and for a potential private access driveway across
the northwest corner of the property, as shown in staff's
attachments, prior to the effective date of the use permit and to
the satisfaction of the Director of Public Services. An access
easement shall be granted to the residential properties to the
north, over the northwest corner of the site as required by the
City Engineer, prior to the effective date of this use permit.
The north side of Norwalk Street, across the property frontage,
shall be improved by'the construction of a concrete curb and
gutter in place of the existing asphalt curb, with the curb line
located 15-feet south of the north right-of-way line. The parkway
on the north side shall be improved with a 5-foot wide concrete
sidewalk, a 10-foot wide graded bridle trail and a street light.
In lieu of the construction of these improvements, the applicant
may execute a covenant or agreement in which the applicant agrees
to pay for the estimated cost of such improvements within 2 years
from the date of approval of the Conditional Use Permit. Should
the applicant agree to this, these improvements would be included
in the City contract.
Resolution P 82-67
November 9, 1982
Page 4
10.
11.
12.
13.
14.
15.
16.
17.
The applicant shall present evidence of the initiation of the
property's annexation to the present Street Lighting Maintenance
District, prior to the effective date of this use permit.
Due to the change in use on the property, current City sewer codes
require the payment of additional sewer connection fees, in the
estimated amount of $2,840, within 6 months from the date of
approval of the Conditional Use Permit.
City records indicate the existance of a private water well in the
proposed playground. Prior to the effective date of the use
permit, the well shall be examined by the City Building Offical
and the Director of Public Services for safety, operability and
for cross connections. If the well is to provide water for use on
the premises, then appropriate backflow prevention devices and
other fixtures and plumbing upgrades shall be installed in
accordance with City Ordinances and Policies.
The applicant shall construct a permanent structure around the
well in the playground prior to the effective date of the use
permit, to the satisfaction of the Directors of Public and
Planning Services.
The applicant shall relocate the portable building in the future
access and/or parking area to the satisfaction of the Director of
Planning Services, at such time as the permanent improvements are
installed.
The applicant shall be responsible for proportional improvements
to Camino Del Norte. Those improvements may be deferred by
covenant or agreement in which the applicant agrees to pay for
the estimated cost for such improvements within 2 years of the
date of approval of the Conditional Use Permit.
Permanent parking lot and driveway improvements shall be installed
to current City standards for a minimum of nine automobiles upon
reconstruction of the road alignments to the satisfaction of the
Director of Planning Services.
Temporary parking lot and driveway improvements, for a minimum of
nine automobile spaces with a 24 foot minimum aisle and grade
access, shall be installed to the'satisfaction of the Director of
Planning Services, prior to the effective date of the use permit.
Resolution P 82-67
November 9, 1982
Page 5
18.
19.
20.
21.
Restroom stalls shall be installed as required by the State
Licensing Office, to the satisfaction of the Director of Planning
Services prior to the effective date of this use permit.
Ail improvements required by the City's Building Official and the
Director of Safety Services shall be installed prior to the
effective date of this use permit.
Portions of the existing right-of-way not otherwise required for
~uture road work shall be vacated by the City upon verification of
the status of the land by the City Engineer.
Prior to the effective date of the use permit, the applicant shall
offer for dedication to the City any necessary portions of the
southwest corner of the site required for a horse and pedestrian
trail, to the satisfaction of the Directors of Planning and Public
Services.
22. The subject site shall be assigned a ~orwalk Street address in
a~cordance with established City procedures at such time as access
is relocated, to the satisfaction of the Director of Planning
Services. I
23. This use permit shall be reviewed annlually by the City Council to
ensure that all conditions of approval are being met or sooner if
complaints are received. Noncompliance with conditions will
result in a review of the permit by the City Council for possible
modification or revocation.
24.
The above agreements, covenants and olffers of dedication shall be
prepared and executed in form acceptable to the City Attorney
prior to the effective date of this permit.
Resolution No. P 82-67
CUP 82-10
Page 6
Section 4:
The City Council hereby approves Conditional Use Permit 82-10 subject to
the following standard conditions:
I. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. SITE DEVELOPMENT
Revised site plans and building elevations incorporating all
conditions of approval shall be submitted to the Planning
Services Department prior to issuance of building permits.
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.
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
A Master Plan of the existing on-site trees shall be provided
to the Planning Services Department prior to the issuance of
building permits and prior to grading, to determine which
trees shall be retained.
Existing on-site trees shall be retained wherever possible
and shall be trimmed and/or topped. Dead, decaying or
potentially dangerous trees shall be approved for removal at
the discretion of the Planning Services Department during the
review of the Master Plan of Existing On-Site Trees. Those
trees which are approved for removal shall be replaced on a
tree-for-tree basis as required by the Planning Services
Department.
Ail landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
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.
Resolution No. P 82-67
CUP 82-10
Page 7
II.
E. RECREATION
The developer shall improve and maintain, or cause to be
maintained, the Equestrian/Pedestrian Trail system
in accordance with the adopted design standards and to the
satisfaction of the Directors of Public and Planning
Services.
F. ADDITIONAL APPROVALS REQUIRED
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.
APPLICATION 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.
2e
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.
Prior to the issuance of a building permit for a new
commercial or industrial development, or addition to an
existing development, the applicant shall pay development
fees at the established rate. Such fees may include, but not
be limited to: Drainage Fee, Permit, Plan Checking Fees,
Water and Sewer Service Fees.
H. EXISTING STRUCTURES
Existing building(s) shall be made to comply with current
Building and Zoning regulations for the intended use or the
building shall be demolished.
Resolution No. P 82-67
CUP 82-10
Page 8
I. GRADING No conditions
III. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
J. STREETS AND SIDEWALKS No conditions
K. DRAINAGE AND FLOOD CONTROL
The Master Plan of Drainage Fee shall be paid at the
established rate in accordance with the Drainage Ordinance,
prior to building permit finalization.
L. UTILITIES No conditions
M. GENERAL REQUIREMENTS AND APPROVALS
An open space easement be granted to the City over, upon,
across and under the area defined on the final maps as an
equestrian trail and no building, structures or other things
shall be constructed, erected placed or maintained on
subject easements except for the construction and
maintenance of said trail and structures appurtenant to the
trail.
2e
Dedicate the Master Planned Equestrian/Pedestrian trails to
the satisfaction of the Director of Public and Community
Services in accordance with the Master Plan of Trails
Element.
APPROVED and ADOPTED by the City Council of the City of Poway, State
of California, this 9th day of November, 1982.
Mary L. ~epard~on, Mayor
ATTEST: