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Res P-85-73RESOLUTION NO. P-85-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 82-10R AND RESCINDING RESOLUTION P 82-67 ASSESSOR'S PARCEL NUMBER 314-194-23 WHEREAS, Conditional Use Permit CUP 82-10R, 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 and Norwalk Street, in the R-S-4 (Single Family Residential) zone; and WHEREAS, on November 19, 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: That the location, size, design, and operating charac- teristics 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. 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 center is compatible with surrounding residential uses. 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. Resolution P-85-73 December 10, 1985 Page 2 That the site is suitable for the type and intensity of use or development which is proposed because the property has undergone previous development. 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. 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 designation, goals, objectives and policies of the General Plan. Section 2: Environmental Findinq~: 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 82-10R, 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. The effective date of approval shall be on the date of building permit finalization. The hours of operation shall be limited from 6:00 a.m. to 6:00 p.m., Monday through Friday. Resolution P-85-73 December 10, 1985 Page 3 A maximum of 45 children, ages 2 through 10, shall be permitted on-site at any time. 0ne class, not exceeding 18 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 Community 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 Norte 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-85-73 December 10, 1985 Page 4 10. 11. 12. 13. 14. 15. 16. 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 existence 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 Official 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. Resolution P-85-73 December 10, 1985 Page 5 17. 18. 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. 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. 19. 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. 20. Portions of the existing right-of-way not otherwise required for future road work shall be vacated by the City upon verification of the status of the land by the City Engineer. 21. Prior to the effective date of the 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 Norwalk Street address in accordance with established City procedures at such time as access is relocated, to the satisfaction of the Director of Planning Services. 23. 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. 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 offers of dedication shall be prepared and executed in form acceptable to the City Attorney prior to the effective date of this permit. Resolution P-85-73 December 10, 1985 Page 6 Section 4: The City Council hereby approves Conditional Use Permit 82-10R subject to the following standard conditions: ae De APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICE REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable Clty Ordinances in effect at time of Building Permit issuance. Prior to any use of the project site or business activity being commenced thereon, all condtions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. PARKING AND VEHICULAR ACCESS No conditions 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. SIGNS Any signs proposed for this development shall be designed in conformance with the Sign Ordinance and shall require review and approval be the City Council Resolution No. P-85-73 December 10, 1985 Page 7 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 to continue indefini- tely, with annual review, to coincide with the continued use of the structure as a day-care facility. II. 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 appli- cable 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. 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-85-73 December 10, 1985 Page 8 I. GRADING No conditions III. APPLICANT SHALL CONTACT THE PUBLIC SERVICE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. STREET 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. 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. 3. This Resolution rescinds and causes to become void all conditions of Resolution P 82-67 APPROVED and ADOPTED by the City Council o~he City of Poway State of California, this 10th day of Decemb~y 1985. C'~i VR. Kruse, Mayor ATTEST: Marjo~ie K. Wahlsten, City Clerk