Res P-91-29NO. P- 91-29
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
APPROVING CONDITIONAL USE PERMIT 91-04 AND
REVIEW 91-11
PARCEL NUMBER 317-151-61
Conditio al Use Permit 91-04 and Development Review
91-11, submitted by Can ne Companions for Independence, applicants,
for the purpose of esta lishing an animal training facility on the
real property located a 12270 Oak Knoll Road in the City of Poway,
County of San Diego, State of California; and
and has
the City Council has read and considered said report
~ other presented at the public hearing
NOW, the City Council does hereby resolve as
follows:
Section 1: Environmental Findin :
The City Council hereby issues a Negative with
mitigation required in the area of noise impacts
Section 2: Fin :
Conditional use Permit 91-04
The proposed project will be consistent with the existing
general plan and there is a probability that
the project will be consistent with the proposed general
plan.
That the location, size, design, and o er ting
characteristics o the proposed use will be co pa ible
with and will no adversely affect or be ma er ally
detrimental to a jacent uses, residents, bu ld ngs,
structures, or na ural in that surrounding
uses are all i or semi-public in nature.
That the scale, bulk, coverage, and density is consistent
with adjacent uses, in that all development standa ds of
the zoning Development code are met. The projec will
meet the applicable property development standar s for
off-street parking, setbacks, lot coverage, and bu lding
height.
That there are available public facilities, , and
utilities to serve th proposed use as all facilities and
services can be prov ded for through the conditions of
approval. The use o low water usage fixtures will be
required throughout t e project.
10.
Deve
1.
Resolution No. P-91-29
Page 2
Th t there will not be a harmful effect upon desirable
ne ghborhood characteristics, in that the adequate sound
at enuation will be provided in the design of the
bu lding.
That the generation of traffic will not adversely imp ct
the N streets and/or the City's Circulat on
Element in that a condition of approval will require he
payment of Traffic Mitigation Fees and the construct on
of improvements along Oak Knoll Road, as well as adequate
off-street parking facilities.
That the site is suitable for the type and intensity of
use and development proposed in that the site is located
in a commercial zone and surrounded by like uses.
That there will not be si§ harmful effects upon
the tal quality and natural
That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
hat the impacts, as described above, and the location of
he proposed use will not adversely affect the City of
oway General Plan for future use as well as present
evelopment.
.1
That the proposed development is in conformance with the
Poway General Plan, in that the i service and
retail k are allowed on the commercial general
land use.
That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties, as noted under the
findings in the preceding section.
That the proposed development is in compliance with the
zoning Ordinance, in that all development standards will
be met in development of the project.
The proposed development encourages the orderly and
h rmonious appearance of structures and roperty within
t e City becau e it with the de i n gu
o the Genera Plan and proposes bull i gs that are
s milar in s ze and architectural s y e to other
commercial bui dings in the immediate v c nity, namely
the Oak Knoll Plaza and the Animal Keeper.
Resolution No. P- 91-29
Page 3
Secti¢
2ouncil Decision:
The City Council hereby approves Conditional Use Permit 91-04
and Review 91-11 subject to the
SITE
1.
within 30 days of approval (1) the applicant shall submit
in writing that all conditions of approval have been read
and und and (2) the property owner shall execute
a Covenant on Real Property.
The use cond granted by this permit shall not be
conducted in such a manner as to interfere with the
reasonable use and enjoyment of surrounding residential
and commercial uses.
SHALL THE OF
WITH THE
Site shall be developed in accordance with the approved site
plans on file in the Planning Department and the
conditions contained herein.
Revised site plans and building elevations incorporating all
conditions of approval shall be submitted to the Planning
Services Department prior to of building permits.
Appr val of this request shall not waive compliance with all
sect ons of the Zoning Development Code and all other
appl cable City Ordinance in effect at the time of building
perm t
Trash receptacle shall be enclosed by a six foot high masonry
wall with view-obstructing gates pursuant to City standards.
Location shall be subject to approval by the Planning
Department.
Ail roof appurt including air conditioners, shall be
architecturally integrated, shielded from view and sound
buffered from adjacent properties and streets as required by
the Planning Department.
Prior to any use of the project site or business activity
being ] thereof, all conditions of approval contained
herein shall be completed to the satisfaction of the Director
of Planning Services.
7. The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
Resolution No. P- 91-29
Page 4
National Electric Code, Uniform Fire Code, and all other
pplicable codes and ordinances in effect at the time of
llding permit issuance and shall incorporate the use of low
low irrigation and plumbing in the building and
andscape design.
For a new l development, the applicant shall pa'
development fees at the established rate. Such fees ma'
include, but not be limited to: Permit and Plan Checkin
Fees, Water and Sewer Service Fees. These fees shall b
paid prior to building permit i
This approval shall become null and void if building permits
are not issued for this project within two years from the date
of project approval.
ACCESS
Ail parking lot landscaping shall consist of a minimum of one
15 gallon size tree for every three 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 cement
curbing.
Ail exterior lights shall be low pressure sodium and have a
maximum height of 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 of 25 feet wide at all times during
tion in accordance with Safety Department
requirements.
Ail parking spaces shall be double striped.
A concrete walkway shall be constructed connecting the
adjacent Animal Keeper parking area with the subject property.
A detailed drought tolerant landscape and low-flow irrigation
plan shall be submitted to and approved by the Planning
Services Department prior to the of building permits.
Street tre s, a of 15 gallon size or larger, shall be
installed n accordance with the City of Poway ordinance and
shall be p anted at an average of every 30 feet on interior
streets an 20 feet on exterior streets.
Resolution No. p-91-29
Page 5
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 and
approved in conformance with the Sign Ordinance.
*1.
Working drawings shall include a certification by a recognized
acoustical expert that the requirements of the City of Poway's
noise ordinance will be met.
*2.
At the completion of construction, and prior to occupa cy,
interior and exterior CNEL shall be determine by f eld
testing at developer's expense. Tests to be con ucted y a
recognized acoustical expert. No occupancy permi s shal be
granted until this condition is met to the satisfac ion of the
Building Code (latest adopted edition) "Sound
Control".
APPLICANT SHALL CONTACT THE OF
WITH THE
Grading of the subject property shall be in accordance with
the Uniform Building 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 i
STREETS AN])
The applicant's Civil Engineer shall prepare an analysis for
safe sight distan e determination along that horizontal curve
of Oak Knoll Rea for vehicles exiting the property. Said
analysis shall e submitted t with the first
submittal of stree improvement plan. Sight distance shall be
based upon a design speed of 35 mph.
Should it be found that the line of sight for safe sight
is outside the street right-of-way, an easement for
clear space and/or additional street right-of-way shall be
dedicated to the City prior to building permit i
Resolution No. p-91-29
Page 6
The northerly half of Oak Knoll Road fro ting the development
shall be improved to City's Circular on Element - Local
Collect r Standards. Improvement shall nclude, but is not to
be limi ed to, paving the half stree width of 20 feet,
of curb, gut er, and
lnstalla ion of street lights.
Applicant and/or owner shall prepa e a plot plan s owing the
of existing street lig ts along Oak noll R ad
within a 500 foot radius from t e outside limi s of he
property for use in the determinat on of he locat on of he
new street lights. Said plot plan s all be submit ed
with the first of Oa Knoll Road street
improvement plan to the City's Eng neering
Department.
The above-mentioned improvement plan shall be prepared and
shall meet the City Engineer's approval with required
posted and standard agreement for construction
executed prior to building permit Completion of
improvements shall be done prior to of a Certificate
of Occupancy.
Ail Element roads shall be dedicated and improved
to Circulation Element road standards and to the
specifications of the Director of Engineering Services.
Sidewalks 4.5 feet in width shall be required on one side of
Oak Knoll Road (northeast side).
Street striping and signing shall be installed to the
satisfaction of the Director of Engineering
Ail street structural sections shall be submitted to and
approved by the Director of Engineering
Street improvement plans prepared on standard size sheets by
a Registered Civil Engineer shall be submitted for approval by
the Director of Engineering Services. Plan check and
inspection expenses shall be paid by the developer.
10. Street improvements that include, but are not limited to:
X Sidewalks Cross gutter
x Alley gutter
Wheel chair ramps X Street paving
X Curb and gutter Alley paving
shall be constructed prior to the occupancy of the building to
the satisfaction of the Director of Engineering Services.
11.
12.
'13.
Resolution No. p-91-29
Page 7
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 of ~
Prior to any w rk being performed in the public right-of-way,
an encroachmen permit shall be obtained from the Engineering
Depar ment and appropriate fees paid, in addition to
any other perm ts required.
The developer shall pay the Traffic Mitigation Fee at the
established rate at the date the final inspection or the date
the Certificate of Occupancy is issued, whichever occurs
later.
AND FLOOD CONTKOL
Intersection drains will be required at locations specified by
the Director of Engineering and in accordance with
standard engineering practices.
The proposed project falls within areas indicated as subject
to flooding under the National Flood ' Program and is
subject to the provisions of that program and City Ordinance.
A drainage system capable of handling and disposing of all
surface water ori inating within the property, and all surface
waters that may low onto the property from adjacent lands,
shall be require Said drainage system shall include any
easements and s ~uctures as required by the of
Engineering Services to properly handle the drainage.
Portland cement cross gutters shall be installed
where water crosses the roadways.
The Master Plan of Drainage Fee shall be paid at the
established rate in accordance with the Drainage Ordinance
prior to building permit i
Concentrated flows across
be permitted.
and/or sidewalks shall not
Ail proposed utilities within the project shall be
underground including existing utilities along
Element roads and/or highways less than 34.5 KV.
utility shall be provided to the specification of
the serving utility companies and the Director of Engineering
Services.
Resolution No. p.~91-29
Page 8
The developer shall be responsible for the relocation and
undergrounding of existing public utilities as required within
two years from the date of building occupancy.
Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the City of
Poway and the County of San Diego Department of Health.
Prior to acceptance of property for sewer
to the sewer improvement area shall occur.
annexation
The applicant shall pa- for a water system analysis to
establish the proper siz and location for the public water
system. The amount wil be determined by the cost of the
analysis and shall be pa d upon demand by the City.
The applicant shall, withi 30 days after ~ approval
of the use perm t and review apply for
a Letter of Availabili y (LDA) to reserve sewerage
availability and post w h t e City, a nonrefundable
reservation fee equal to 20% o the appropriate sewerage
connection fee in effect at the t me the LOA is issued. Five
EDUs of sewer capacity will be needed for this
four for plumbing fixtures and one for the kennel.
Developer shall construct a light system conforming to City of
Poway at no cost to the public, subject to the
following:
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 emitting refractor or device.
be
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 shall be accomplished at the
time of final inspection or Certificate of Occupancy,
whichever occurs later.
Cable television shall be provided and installed
underground. The developer shall notify the cable company
when trenching for utilities is to be accomplished.
Resolution No. P- ~91-29
Page 10
and ADOPTED by the City Council of the ~ity of Poway,
State of California, this 14th day of May ~991. / ~
t Jan ol s~'! yor
ATTEST: ~
M~rj c ~: ~(/ Wah4 t~n,~City Clerk
STATE OF )
) 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-91-29 , was duly adopted by the City Council
at a meeting of said City Council held on the 14th day of__
, 1991, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
EMERY, HIGGINSON, SNESKO, GOLDSMITH
NONE
NONE
MCINTYRE
Ycity 6f Poway '
rk
REPORT\