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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; ® 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. e 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 ® 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. e 7e 80 9e 10. 11. 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 12. 13. 0 e e e 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. ® 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 2o e e 5J 2e e 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 II. 2e e o ® 7e 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. 9® 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. e 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. e The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to building permit issuance. e e ® e Resolution No. P-85-07 Page 9 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: so be 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