Res P-85-07RESOLUTION NO. P-85-07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL U§E PERMIT 84-17 AND
DEVELOPMENT REVIEW 84-28
ASSESSOR'S PARCEL NUMBER 317-540-26
~EREAS, Conditional Use Permit 84-17 and Development Review 84-28,
submitted by Kindercare Learning Centers, Inc., applicant, requests to
raze the existing structures at Jack's Mall and construct an 8,700
square foot day-care facility for the property located at 12469 Poway
Road, in the CG (Commercial General) zone; and,
WHEREAS, on February 26, 1985, 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:
CONDITIONAL USE PERMIT
1. 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;
2. That the harmony in scale, bulk, coverage and density is
consistent with adjacent uses;
3. That there are available public facilities, services and
utilities;
4. That there will not be a harmful effect upon desirable
neighborhood characteristics;
5. That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element;
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That the site is suitable for the type and intensity of use or
development which is proposed;
That there will not be significant harmful effects upon
environmental quality and natural resources;
That there are no other relevant negative impacts of the
proposed use that cannot be mitigated; and
That the impacts, as described above, and the location of the
proposed use will not adversely affect the City of Poway Genera!
Plan for future as well as present development.
Resolution No. P-85-87
Page 2
DEVELOPMENT REVIEW
That the proposed development is in conformance with the Poway
General Plan.
2. That the proposed development will not have an adverse aesthetic,
health, safety or architecturally related impact upon adjoining
properties.
3. That the proposed development is in compliance with the Zoning
Ordinance.
That the proposed development encourages the orderly and
harmonious appearance of structures and property within the
City.
Section 2: Environmental Findings:
The City Council finds that this project will not have a significant
adverse impact on the environment and hereby issues a Negative
Declaration.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 84-17 and
Development Review 84-28 subject to the following conditions:
CONDITIONAL USE PERMIT
1. The developer shall construct an eight (8) foot masonry wall
along the south property in accordance with City Ordinance 125.
Six foot masonry walls shall be required on the east and west
property lines from the front of the building south to the rear
boundary.
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Parking on the east side of the parcel shall be designated as
employee and overflow parking. A five foot fence shall be
constructed on the easement edge separating the apartment
complex parking and Kindercare parking.
Conditional Use Permit 84-28 shall be reviewed on an annual
basis for compliance with the conditions and to address any
complaints.
5. The hours of operation shall be Monday through Friday 6 am to 6
pm.
6. The maximum number of children permitted at anytime shall be one-
hundred and fifty six.
Resolution No. P-85-07
Page 3
DEVELOPMENT REVIEW
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The Developer shall remove existing driveways on Poway Road and
install new ones to the satisfaction of the City Engineer prior
to building permit issuance. This shall also entail replacing
curb, gutter and sidewalk, relocation of utilities, the
installation of a hammerhead backup pocket in the parking lot,
etc. on Poway Road to the satisfaction of the City Engineer.
The Developer shall provide the City Engineer with proof that all
easement holders have waived rights of access over existing
easement or have been provided with acceptable alternative access
to the satisfaction of the City Engineer. A reciprocal access
agreement shall be secured with great Western Saving Bank.
3. Entry to the property shall be from Poway Road one way only and
exiting east onto the easement road.
4. The Developer shall install a full automatic sprinkler system
per City Ordinance 131.
5. The Developer shall install a fire alarm system per Title 19 of
the State Fire Code.
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The Developer shall provide for installation of any required fire
hydrants by providing a public water main extension as required
by City Engineer. This may include, at the City Engineer's
option, a water system analysis paid for by the developer.
Sewer service shall be from a public sewer main. A sewer main
extension may be necessary and will be provided by developer
prior to building permit issuance.
Ail required sewer and water easements for public facilities
shall be provided to the satisfaction of the City Engineer prior
to building permit issuance.
The mature Eucalyptus trees adjacent to the south boundary shall
be retained where possible. Modifications to the locations of
the proposed noise and retaining walls necessary to preserve the
trees shall be subject to the satisfaction of the Director of
Planning Services.
The applicant shall construct a five foot fence between the
apartment complex parking lot and the proposed Kindercare
employee and customer parking.
A minimum of ten (10) feet shall be maintained between any
playground equipment and the south noise attenuation wall.
Resolution No. P-85-07
Page 4
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Amplified voice and/or music systems outside the building are
prohibited.
The applicant shall submit a revised bell tower roof color sample
to be subject to the satisfaction of the Director of Planning
Services.
Section 4: City Council Decision:
The City Council hereby approves Conditional Use Permit 84-17 and
Development Review 84-28 subject to the following standard
conditions.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING
SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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 Development Code and all other applicable
City Ordinances in effect at the time of building permit issuance.
Trash receptacle areas for commercial, manufacturing, and
multifamily developments shall be enclosed by a 6 foot high masonry
wall with view-obstructing gates pursuant to City standards.
Location shall be subject to approval by the Planning Services
Department.
Ail roof appurtenances, including air conditioners, shall be
architecturally integrated, shielded from view and sound buffered
from adjacent properties and streets as required by the Planning
Services Department.
Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval contained herein shal]
be completed to the satisfaction of the Director of Planning
Services.
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 an(
ordinances in effect at the time of building permit issuance.
Resolution No. P-85-07
Page 5
Prior to the issuance of building permits for combustible
construction, evidence shall be submitted to the Director of Safety
Services that water supply and facilities 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.
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
Permit and Plan Checking Fees, Water and Sewer Service Fees. These
fees shall be paid prior to building permit issuance.
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.
10. Building identification and/or addresses shall be placed on all new
and existing buildings so as to be plainly visible from the street
or access road; color of identification and/or addresses shall
contrast with their background color.
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PARKING AND VEHICULAR ACCESS
Ail parking lot landscaping shall consist of a minimum of one
fifteen (15) gallon size tree for every three (3) parking spaces.
For parking lot islands, a minimum 12 inch wide walk adjacent to
parking stalls shall be provided and be separated from vehicular
areas by a 6 inch high, 6 inch wide portland concrete cement
curbing.
Parking lot lights shall be low pressure sodium and have a maximum
height of eighteen (18) feet from the finished grade of the parking
surface and be directed away from all property lines, adjacent
streets and residences.
Ail two-way traffic aisles shall be a minimum of 24 feet wide and
emergency access shall be provided, maintained free and clear, a
minimum of 24 feet wide at all times during construction in
accordance with Safety Services Department requirements.
4. Ail parking spaces shall be double striped.
C. LANDSCAPING
A detailed landscape and irrigation plan shall be submitted to and
approved by the Public Services Department and Planning Services
Department prior to the issuance of building permits.
Resolution No. P-85-07
Page 6
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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.
Street trees, a minimum of 15 gallon size or larger, shall be
installed in accordance with the City of Poway Ordinance and shall
be planted at an average of every 30 feet on interior streets and 20
feet on exterior streets.
Ail landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
RECREATION No Conditions
EXISTING STRUCTURES
Provide compliance with the Uniform Building Code for property line
clearances considering use, area and fire-resistiveness of existing
buildings.
Existing building(s) shall be made to comply with current building
and zoning regulations for the intended use or the building shall
demolished.
Existing sewage disposal facilities shall be removed, filled and/or
capped to comply with appropriate grading practices and the Uniform
Plumbing Code.
ADDITIONAL APPROVALS REOUIRED
Development Review or Minor Development Review shall be accomplishe~
prior to the issuance of a building permit.
Resolution No. P-85-07
Page 7
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APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
Grading of the subject property shall be in accordance with the
Uniform ~uilding Code, City Grading Ordinance, approved grading plan
and geotechnical report, and accepted grading practices.
A soils report shall be prepared by a qualified engineer licensed by
the State of California to perform such work prior to building
permit issuance.
The final grading plan shall be subject to review and approval by
the Planning Services and Public Services Department and shall be
completed prior to recordation of the final subdivision map or
issuance of building permit, whichever comes first.
STREETS AND SIDEWALKS
Ail Circulation Element roads shall be dedicated and improved to
Circulation Element road standards and to the specifications of the
Director of Public Services.
Vehicular access rights to Circulation Element roads shall be
dedicated to the City of Poway by separate document prior to
building permit issuance.
Sidewalks (4.5) feet in width shall be required on one
side of Poway Road.
Reciprocal access and maintenance and/or agreements shall be
provided insuring access to all parcels over private roads, drives
or parking areas and maintenance thereof to the satisfaction of the
Director of Public Services.
Street striping and signing shall be installed to the satisfaction
of the Director of Public Services.
Street improvement plans prepared on standard size sheets by a
Registered Civil Engineer shall be submitted for approval by the
Director of Public Services. Plan check and inspection expenses
shall be paid by the developer.
Ail exterior street improvements shall be constructed prior to
issuance of building permits, to the satisfaction of the Director of
Public Services.
Resolution No. P-85-07
Page 8
8. Street improvements that include, but are not limited to:
X a. Sidewalks e. Cross gutter
x b. Driveways f. Alley gutter
-- c. Wheel chair ramps __ g. Street paving
-- d. Curb and gutter h. Alley paving
shall be constructed prior to the occupancy of the units to the
satisfaction of the Director of Public Services.
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Ail damaged off-site public works facilities, including parkway
trees, shall be repaired or replaced prior to exoneration of bonds
and improvements, to the satisfaction of the Department of Public
Services.
10. Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Public Services
office and appropriate fees paid, in addition to any other permits
required.
11. The developer shall pay one half the cost of a City approved
landscaped median along the project frontage(s) prior to building
permit issuance.
12. Street improvements and maintenance shall be made in accordance with
City Ordinance standards for urban street Poway Road.
13. The developer shall pay the Traffic Mitigation Fee at the
established rate prior to building permit issuance.
Jo DRAINAGE AND FLOOD CONTROL
Intersection drains will be required at locations specified by the
Director of Public Services and in accordance with standard
engineering practices.
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A drainage system capable of handling and disposing of all surface
water originating within the subdivision, and all surface waters
that may flow onto the subdivision from adjacent lands, shall be
required. Said drainage system shall include any easements and
structures as required by the Director of Public Services to
properly handle the drainage.
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The Master Plan of Drainage Fee shall be paid at the established
rate in accordance with the Drainage Ordinance prior to building
permit issuance.
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Resolution No. P-85-07
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UTILITIES
Ail proposed utilities within the project shall be installed
underground including existing utilities along Circulation Element
roads and/or highways less than 34.5 KV.
Utility easements shall be provided to the specification of the
serving utility companies and the Director of Public Services.
The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
Water, sewer, and fire protection systems plans shall be designed
and constructed to meet requirements of the City of Poway and the
Health Department of the County of San Diego.
Developer shall construct a light system conforming to City of Powa~
Standards at no cost to the public, subject to the following:
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Cut-off luminaries shall be installed which will provide true
90 degree cutoff and prevent projection of light above the
horizontal from the lowest point of the lamp or light emittin!
refractor or device.
Ail fixtures shall use a clear, low pressure sodium vapor
light source.
Advance energy charges and District engineering charges shall
be paid by the developer.
Annexation to the lighting district shall be accomplished and
evidence of annexation and payment of lighting fees shall be
presented to the City.
GENERAL REOUIRERENTS AND APPROVALS
Prior to building permit approval, all of the above improvements an
requirements shall be installed and provided, or deferred by
guaranteeing installati on within two years from map recordation or
prior to building permit issuance, whichever occurs first, by the
execution of a performance agreement, secured with sufficient
securities, in a form approved by the City Attorney. All necessary
processing fees, deposits, and charges shall be paid prior to
building permit approval.
Prior to building permit approval, all dedications shall be made an
easements granted as required above.
Resolution No. P-85-07
Page 10
APPROVED and ADOPTED by the City Council of the City of Poway, Stat
of California, this 26th day of February, 1985.
ATTEST:
Marjofie K. Wahlsten, City Clerk