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Res P-83-45RESOLUTION NO. P-83-45 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 Turner, applicant, requests to modify the conditions of the use permit 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 August 23, 1983 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with conditions contained in Resolution P 82-54; and NOW, THEREFORE, the City Council finds that Resolution P 82-54 is superseded by this resolution and does hereby resolve as follows: Section 1: Findings: That the location, size, design, and operating characteristics of the proposed use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. 2e Public facilities, services and utilities are available to serve the site. 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. 5. There is adequate space available on-site for the range of activities associated with the use. 6. This application is consistent with the City of Poway's General Plan and Zoning Ordinance. Resolution No. P-83-45 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. 2. 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. 3. Outdoor activity periods shall be permitted between 8:30 a.m. and 6:00 p.m. One (1) adult shall remain outside at all times while children are using the recreational areas. 4. 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. 5. 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 Road. 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 form approved by the Director of Public Services and the City Attorney prior to the effective date of the use permit. Resolution No. P-83-45 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. 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 SF~%LL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SITE DEVELOPMENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. 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. 3. 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 1. 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-83-45 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 thirty-six (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 REEGARDING 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. 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-83-45 CUP 82-04 Page 5 12. 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 the 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, the 23rd day of August, 1983. Linda L. Oravec, Mayor ATTEST: Marjori~ ~ Wahlsten, City Clerk