Res P-89-58RESOLUTION NO. P-89-58
A OF THE CIT OU CIL
OF T E CITY F P-WAY,
APPROVI G CONDI ION L USE E MI 88-17
AN DEVELO MEN REVIE 8- 5
~ PA CEL NUM ER 17-520-3 A D
WHEREAS, Conditional Use Permit 88-17 and Development Review 88-25, sub-
mitred by Kindercare Learning Centers, applicant, requests approval to
a 6,200 square foot day care center located at 13242 Pomerado Road in the RS-3
zone; and
WHEREAS, on June 20, 1989, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section l: E 1Findi~ :
The City Council finds that this project will not have a significant adverse
impact on the and hereby issues a Negative with
mitigation measures as contained in the conditions of approval.
Section 2: Findi
Conditional Use Permit 88-17
That the location, size, design, and operating of the
proposed use will be compatible with and will not adverse y affect or
be materially detrimental to adjacent uses, residents, bu lding~,
, or natural This is not the first of a
semi-public use into this single-family zone. The
Kindercare Learning Center wi 1 be adjacent to Pomerado Road Baptist
Church. The new building wil observe a minimum 50 foot setback from
the residential uses to reduce impacts. The size and design of the
building will be ly with adjacent
2. That the scale, bulK, coverage, and density is with adjacent
uses, in that all development standards of the Zoning Development Code
are met. The project will meet the applicable property development
stanoards for off-street parking, setbacks, lot coverage, and building
height.
3. That there are available public facilities, and utilities to
serve the proposed use as all facilities and services can be provided for
through the conditions of approval.
4. That there will not be a harmful effect upon desirable neighborhood
in that the required split-face block sound atten-
uation wall and landscaping along the property line will buffer the
project from adjacent residential properties.
Resolution No. P-89-58
Page 2
Dev,
That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element in that a
of approval will reguire the payment of Traffic Mitigation
Fees and the of along Pomerado Road, and
Rimbach Road.
That the site is suitable for the type and of use and devel-
opment proposed in that the site is basically flat and is located in a
residential neighborhood that can use its services and building.
That there will not be significant harmful effects upon the
tal quality and natural
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.
nt Review 88-25
That the proposed development is in conformance with the Poway General
Plan, in that the General Plan encourages uses, like day care centers,
that are supportive to residential uses.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or ly related impact upon adjoining pro-
perties, as noted under the findings in the preceding section.
3. That the proposed development is in compliance with the Zoning
in that all will be met in development
of the project.
4. The proposed development en ourages the orderly and h
appearance of an property within the City because it
complies with the design gu delines of the General Plan and proposes
buildings that are similar n size and style to other
· 1 and residences in the City.
That the project is a new day care center for semi-public use and will
be located in the RS-3 zone. The project qualifies for sewer alloca-
tion per Ordinance No. 281 by providing the following benefits to the
community:
a. Public imp to Pomerado Road and Rimbach Road including
of a raised concrete median, curb, gutter, sidewalk, and
drainage imp
No. P- 89-58
Page 3
bo
The proposed.projec~ will provide support to the community by
meeting the demand for quality day care for working
parents.
Section 3: City ~ouncil Decision:
Use Permit 88-17 and Review 88-25 for which plans
are on file in the Planning Services Department, are hereby approved subject
to the following conditions:
Within 3U days of approval: (1) The applicant shall submit in writing that
all of approval have been read and ~; and (2) the pro-
perty owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGSbRDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. SITE DEVELOPMENT
A split-face block sound wall with pilasters in a color comple-
mentary to the exterior stucco, 5½ feet in height, shall be ~
along the project's northern and western property lines. The wall shall be
installed prior to occupancy.
2. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
o
Revised site plans and building incorporating all of
approval shall be submitted to the Planning Services prior to
issuance of building permits. The applicant shall submit a revised
materials sample board which includes materials which are textured and more
"earth toned". The cupola shall be roofed with clay tile, which may be
terra-cotta colored.
Approval of this request shall not waive compliance with all sections of the
Zoning Code and all other applicable City Ordinances in effect
at the time of building permit '
Trash receptacle shall be enclosed by a six foot high masonry wall in a
color complementary to the exterior stucco of the building with view-
gates pursuant to City standards. Location and materials shall
be subject to approval by the Planning Services Department.
All roof app including air conditioners, shall be architecturally
integrated, shielded from view and sound buffered from adjacent properties
and streets as required by the Planning Services
Prior to any use of the project site or business activity being commenced
thereon, all of approval contained herein shall be completed to
the satisfaction of the Director of Planning
No. P- 89-58
Page 4
The applicant shall comply w th the latest adopted Uniform Building Code,
Uniform Code, Uni orm Plumbing Code, National Electric Code,
Uniform Fire Code, and all o her codes and in effect
at the time of building perm t '
Pri r to delivery of combustible building on site, water and sewer
sys ems shall satisfactorily pass all required tests and be connected to the
pub ic water and sewer systems. In addition, the first lift of asphalt
pav ng shall be in place to provide adequate, permanent access for emergency
veh cles. The final lift of asphalt shall not be installed until all other
activity has been substantially completed to the satisfaction
of the City.
10.
For the new ' 1 development, the shall pay development fees
at the estab ished rate. Such fees may include, but not be limited to:
Permit and P an Checking Fees, Water and Sewer Service Fees. These fees
shall be pai prior to building permit
11. 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.
12.
Building iden ification and/or addresses shall be placed on all new and
existing buil ings so as to be plainly visible from the street or access
road; color o identification and/or shall contrast with their
background co or.
B. PARKING AND VEHICULAR ACCESS
All parking lot landscaping shall consist of a minimum of one fifteen (15)
gallon size tree for every three 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 six inch high, six 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.
o
All two-way traffic aisles shall be a minimum of 24 feet wide and emergency
access shall be free and clear, a minimum of 24 feet
wide at all times during in accordance with Safety Services
Department rec
4. All parking spaces shall be double striped with a minimum inside
of 8.5 x 18.5 feet.
Resolution No. P-89-58
Page 5
LANDSCAPING
Fifteen gallon trees, planted 20 feet on center, shall be installed along
the northern and western property lines.
A detailed landscape and ' plan shall be submitted to and approved
by the Planning Services Department prior to the issuance of building per-
mits.
Existing on-site trees shall be retained wherever possible and shall be
trimmed and/or topped. Dead, decaying or potentially angerous trees shall
be approved for removal at the d' of the Plann ng Services
Those trees which are approved for remora shall be replaced on
a tree-for-tree basis as required by the Planning Serv ces
Street trees, a minimum of 15 gallon size or larger, shall be installed in
with the City of Poway Ordinance and shall be planted at an
average of every 20 feet on exterior streets.
All landscaped areas shall be ~ in a healthy and thriving con-
dition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
E. RECREATION
The developer shall pay the Park Fee at the established rate at the date of
final inspection, or the date of the Certificate of Occupancy, whichever
occurs later.
F. 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.
ADDITIONAL APPROVALS REI
Working drawings shall
expert that the rec
met.
include a certification by a recognized
of t~e City of Poway's noise
will be
At the completion of and prior to occupancy, interior and
exterior CNEL shall be ~ by field testing at developer's expense.
Tests to be conducted by a recognized expert. No occupancy per-
mits shall be granted until Condition G-7 is met to the satisfaction of the
Building Code (latest adopted edition) "Sound Control."
No. P- 89-58
Page 6
use permits and minor conditional use permits shall be subject
to annual review by the Director of Planning Servlc s for compliance with
the conditions of approval and to address concerns hat may have occurred
during the past year. If the permit is not in comp lance with the con-
ditions of approval, or the Planning Services has received
complaints, the required annual review shall be set for a public hearing
before the City Council, to consider modification or of the use
permit.
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
The developer and/or owner shall dedicate to the City of Poway the easterly
15 feet of the property for additional right-of-way of Pomerado Road.
Dedication shall be made prior to issuance of the building's Certificate of
Occupancy.
The development's two parcels, identified as A Parcel Numbers
317-520-28 and 317-520-35, shall be merged prior to issuance of a building
permit.
H. GRADING
Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and geotech-
nical report, and accepted grading
A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work at first submittal of a grading
plan.
3. A geological report shall be prepared by a qualified engineer or geologist
and at the time of application for grading plan check.
The final grading plan shall be subject to review and approval by the
Planning Services and Public Services Departments and shall be completed
prior to issuance of building permit.
A pre-blast survey of surrounding property shall be conducted to the satis-
faction of the City Engineer prior to any rock blasting. Seismic recordings
shall be taken for all blasting and blasting shall occur only at locations
and levels approved by the City Engineer.
No. P- 89-58
Page 7
STREETS AND SIDEWALKS
Pomerado Road, along the development's shall be improved to the
City's Element - Major Road shall
include, but is not to be limited to widening the westerly half to a half
street paving width of 40 feet, of concrete curb, gutter,
and street north of and south of
the northerly and southerly boundaries respectively.
In a raised co crete landscape median shall be ~ in
Pomerado Road along the frontage or at the d option
shall pay the City fees- n-lieu equal to $25 per lineal foot of frontage for
a total of $4,343.75 (17 .75 feet x $25).
Rimbach Road, along the southerly 20 feet of the property shall be improved
to the City's Non-Dedicated Rural Local Road Standards with concrete curb
and gutter per No. 280.
A road agreement in a form satisfactory to the City Attorney
shall be executed by the and/or owner prior to building permit
All Circulation Element roads shall be dedicated and improved to
C' Element road standards and to the sp of the
Director of Public Services.
Sidewalks 4.5 feet in width shall be required on one side of Pomerado Road
(west side).
Reciprocal access and and/or agreements shall be provided
insuring access to all parcels over private roads, drives or parking areas
and thereof to the of the Director of Public
Street striping and signing shall be installed to the satisfaction of the
Director of Public Services.
All street
Director of Public
sections shall be submitted to, and approved by the
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 deve-
loper.
All street imp shall be ~ prior to issuance of a
Certificate of Occupancy to the satisfaction of the Director of Public
Services.
No. P- 89-58
Page 8
10.
11.
Street '
that include, but are not limited to:
) a. Sidewalks e. -ross gutter
) b. Driveways f. lley gutter
) c. Wheel chair ramps X 9. treet paving
) d. Curb and gutter X h. lley paving
shall be constructed prior to the occupancy of the building to the satisfac-
tion of the Director of Public Services.
All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced prior to of bonds and improve-
ments, to the satisfaction of the Department of Public Services.
12. Prior to any work being performed in the public right-of-way, a right-of-
way per~it shall be obtained from the Public Services office and
ap fees paid, in addition to any other permits
13. Street imp and shall be made in accordance with City
Ordinance standards for Circulation Element - Major Road Standards (for
Pomerado Road and Rural Streets for that private road along
the southerly of the property.
14.
J.
1.
2.
The developer shall pay the Traffic Mitigation Fee at the established rate
prior to building permit '
DRAINAGE AND FLOOD CONTROL
I drains will be required at specified by the Director
of Public Services and in accordance with standard engineering p
A drainage system capable of handling and disposing of all surface water
originating within the pr petty, and all surface waters that may flow onto
the property from adjacen lands, shall be required. Said drainage system
shall include any and as required by the Director of
Public Services to proper y handle the drainage.
Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
The Master Plan of Drainage Fee shall be paid at the established rate in
with the Drainage Ordinance prior to building permit '
Concentrated flows across driveways and/or sidewalks shall not be per-
mitted.
Resolution No. P-89-58
Page 9
UTILITIES
1. Street lights shall be installed along the frontage on
Pomerado Road. The developer and/ r owner shall submit a plot plan showing
the locations of existing street 1 ghts along Pom rado oad within a 500
foot radius of the property's outs de b o ena le City staff in
d g the of new s reet lights, t sha 1 be con-
current with the first submittal o the Pomerado oad s reet improvement
plans.
2. All proposed utilities within the project shall be installed underground
including existing utilities less than 34.5 KV along Circulation Element
roads and/or highways.
Utility shall be provided to the specification of the serving
utility companies and the Director of Public Services.
The developer shall be responsible for the
existing public utilities, as required.
and undergrounding of
Water, sewer, and fire systems plans shall be designed and
~ to meet rec of the City of Poway and the Health
Department of the County of San Diego.
6. Prior to acceptance of property for sewer service, to the sewer
improvement area shall occur.
o
T e applicant shall pay for a water system analysis to the proper
s ze and location for the public water system. The amount will be deter-
m ned by the cost of the analysis and shall be paid upon demand by the
Cty.
The shall, within 30 days after receiving approva of the con-
ditiona use permit and development review, apply for a Let er of
Availab lity {LOA) to reserve sewerage availability and pos with the City,
a nonre undable fee equal to 20% of the appropr ate sewerage
fee in effect at the time the LOA is issued.
Developer shall construct a light system conforming to City of Poway
Standards at no cost to the public, subject to the following:
Cut-off shall be installed which will provide true 90
degree cutoff and prevent p of light above the horizontal
from the lowest point of the lamp or light emitting refractor or
device.
-- b. All fixtures shall use a clear, low pressure sodium vapor light
source.
No. P- 89-58
Page 10
Advance energy charges and District engineering charges shall be paid
by the
A to the lighting district shall be accomplished and evidence
of shall be accomplished at the time of final inspection or
certificate of occupancy, whichever occurs later.
APPLICANT SHALL CONTACT THE SAFETY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
L. SAFETY SERVICES
The
system.
agency,
is to be
will be required to install an approved fire s rinkler
h~ entire system is to be by a central
system post valve with tamper switch, a so
ocated by the City Fire Marshal prior to installat on.
A new fire hydrant is The location of the hydrant shall be
determined by the City Fire Marshal.
3, Material Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in each building.
The buildings shall isplay their numeric address in a manner visible from
the access street, uilding addresses shall also be displayed on the roof
in a manner satisfac ory to the Director of Safety Services. Minimum size
of building numbers s six inches on facade of building.
Roof covering shall meet Class A fire testing as specified in the
Uniform Building Standards No. 32-7 for fire retardant roof covering
per City of Poway Ordinance No. 64.
Designated fire lanes shall be provided with appropriate curb markings and
signs as determined by the Department of Safety Services.
A "Knox Box" security system shall be provided, meeting
Safety Services rec
of
Fire access roadways shall be provided to within 150 feet of all
exterior walls of each All roadways in excess of 15U feet shall
be provided with an approved turn around for fire apparatus.
9. A complete fire alarm system shall be installed prior to occupancy.
M. GENERAL REQUIREMENTS AND APPROVALS
The conditional use permit and development review shall expire on June 20,
1990 unless an application for time is received 90 days prior to
expiration in accordance with the City's Zoning Development Code.
Resolution No. P- 89-58
Page 11
APPROVED and ADOPTED by the City CouncilJ Ciity of Poway, State of
· this 20th day of June, 1989. /I }
kY/
Carl R. Kruse, Mayor
ATTEST:
ahl st ty I rk
STATE OF CALIFORNIA )
) SS,
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. P-89-58 , was
duly adopted by the City Council at a meeting of said City Counci the
20th day of June , 1989, and that it was so adopted by the following
vote:
AYES: EMERY, GOLDSMITH, HIGGINSON, KRUSE
NOES: NONE
ABSTAIN: NONE
ABSENT: BRANNON
R/R-6-20.1-11
City of~ay