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