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Res P-92-54RESOLUTION NO. P-92-54 A RES L T N F T CIT' COUNCIL OF TH T ' PO APPROVING 0 - I ,AL 'PE IT 92-05 AND V ,T R EW -06 ASSES~ ' A -EL · BER 4-670-71 WHEREAS, Conditional Use Permit 92-05 and Development Review 92-06, submitted by Don McLean, applicant, and North American Trust company, owner, request approval to construct a 7,200 square foot day care center located at the southwest corner of Pomerado Road and Camino del Norte in the RS-4 zone; and WHEREAS, on October 20, 1992, the City Council held a hearing on the above- referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: The City Council finds that this project will not have a significant adverse impact on the t and hereby issues a Negative Declaration with mitigation measures as contained in the conditions of approval. Secti,' Permit 92-05 1. The proposed project is consistent with the existing general plan. 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 in that the site is generally separated from adjacent single-family residences by slop s, roadways, and utility easements. The applicants have purc ased the one single-family residence which is directly adjacent to t e site. Natural are not impacted because the site has een previously graded. That the scale, bulk, coverage, and density is with adjacent uses, in that all development standards of the Zoning Ordinance are met, in that the project will meet the applicable property development standards for off-street parking, setbacks, lot coverage, and building height. o That there are available public facilities, to serve the proposed use as all facilities and provided for through the conditions of approval. and utilities services can be That there will not be a harmful ffect upon des rable neighborh od characteristics, in that the pro ect is designe to complement he adjacent ' 1 and residen ial developmen and the build ng incorporates architectural detai s that give it he appearance o a residence rather than a ' 1/semi-public structure. Resolution No. P-92-54 Page 2 That the of traffic will not impact the surroundin streets and/or the City's Circulation Element in that the traffi study submitted for the project concludes that levels of service wi 1 not be altered in any significant way. That the site is suitable for the type and intensity of use and development proposed in that the proposed project will function as a transitional use between the busy and 1 development to the east and north, and the single-family uses located to the west. That there will not be significant harmful effects upon the environmental quality and natural because the site has been previously graded and no significant presently exist 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 in that the General Plan allows day care centers in the single-family residential zones subject to conditional use permit approval. That the proposed development is in conformance with the Poway General Plan, in that the General Plan encourages uses such as day care centers, which are supportive to surrounding residential uses. 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. That the proposed development encourages t e orderl and h appearance of structures and property wi bin the ity because it complies with the design guidelines of the eneral P an and proposes buildings that are similar in scale and arc itectura style to other 1 and residential structures in the vicinity. The City Council hereby approves Conditional Use Permit 92-05 and Development Review 92-06 subject to the following conditions: Within 30 days of approval (a) the applicant shall submit in writing that all conditions of approval have been read and understood; and {b) the property owner shall execute a Covenant on Real Property. Resolution No. P-92-54 Page 3 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. This conditio al use permit shall be subject to annual review by the Director of P arming Services for compliance with the conditions of approval and o address concerns that may have occurred during the past year. I the permit is not in compliance with the conditions of approval, or the Planning Services Department 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. The day care center operator will schedule no more than one-half of the children for outdoor play at any given time and will work with neighbors to resolve any issues which may arise. The day care center will not operate on weekends but may utilize the building for 1 special events. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Site shall be developed in accordance with the approved site plans on file in the Planning Services 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 issuance of building permits. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit School enrollment shall be limited to 144 children. A six to seven foot high split-face block sound attenuation wall with pilasters in a col r complementary to the exterior stucco, shall be constructed around t e project's outdoor play areas as shown on the plans on file in the Plann ng Services Department. The wall shall be seven foot high for sections w ere the pad elevation is less than two feet higher than the adjacent roadway elevations. The parking layout shall be revised to accomplish the following: a. Provide a minimum of 30 spaces. Eliminate the parking space closest to Adobe Ridge Road on the west side of the driveway. c. Provide for one-way traffic flow in a counter clockwise direction with a minimum aisle width of 20 feet. Resolution No. P-92-54 Page 4 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. o 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 and ordinances in effect at the time of building permit For a new 1 development, the applicant shall pay development fees at the established rate. The following fees, including, but not limited to, sc ool fees, traffic mitigation, drainage, water base capacity, sewer s wer cleanout, and sewer inspection fees, sewer line charge, s a 1 e pal prior to building permit ' The City acknowledges t a t e app icants have already purchased fo r EDUs of sewer capacity in t e r subdiv sion of lands located at the nor heast and southwest corn r o Camino del Norte and Pomerado Road. he City will credit t e applicants with the present ownership of said DUs as if purchased at t e time of issuance of building permits for improvements on any of the lo s created and developed by the applicants. Permit and Plan Check Fees shall be paid upon submittal of a grading plan. 10. Building identification and/or addresses shall be placed on the new 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. 11. 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. PAR EMICULAR ACCESS All 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 concrete cement curbing. Any parking lot 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. All parking spaces shall be double striped with a minimum inside dimension of 8.5 x 18.5 feet. Planting on the slopes above the day care center will be "low profile" species that will not block views. 2. A detailed landscape and irrigation plan shall be submitted to and approved by the Public Services Department and Planning Services Resolution No. P-92-54 Page 5 prior to the issuance of building permits. Areas to be landscape by the developer shall i lude the 50 foot open-space buffer along Cam no del Norte and the new o ,-site slope s well as on-site areas shown on he plans. The number of tees and shru s shown in the concept plans sha 1 be increased in order o meet the C ty of Poway Landscape Guidelines and conform to established landscape t emes along Twin Peaks Road and Pomerado Road. Existing on-site eucalyptus trees shall be retained where possible and shall be trimmed and/or topped. Any dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of 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. The project shall be annexed into Landscape M District (LMD) 83- lB at 5.4 units. Assessments at this rate for FYg2-g3 are $211.02 per unit. Assessments are subject to change each fiscal year. The applicant shall complete LMD imp site. The landscaping on the east responsibility of the developer. on the north side of the side of the project is the All 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. 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. An IRED 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. At the completion of c nstruction, and prior to occupancy, interior and exterior CNEL shall be etermined by field testing at developer's expense. Tests to be conducted_ a recognized acoustical expert. No occupancy permits shall be grante until Condition G-7 is met to the satisfaction of the Building Code (latest adopted edition} "Sound T Control". APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COHPLIANCE WITH THE FOLLOWING CONDITIONS: Resolution No. P-92-54 Page 6 GRADINq e 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 p A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work at first submittal of grading plan. A geological report shall be prepared by a qualified engineer or geologist and submitted at the t~me of application for grading plan check. The final grading plan, prepared on a standard size sheet, shall be subject to review and approval by the Planning Services and Engineering Services Departments and shall be completed prior to issuance of a grading permit. A pre-blast survey of surrounding property shall be conducted to the satisfaction 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. 6. All new slopes shall be a minimum of 2:1 (horizontal to vertical). 7. A final compaction report shall, be submitted and approved prior to issuance of building permits. 8e Site grading shall be certified by the project civil engineer prior to issuance of building permits. If pad elevation increase by greater than two feet .in height from those approved on the tentative map, City Council approval will be required. 10. 11. Non-supervised nor non-engineered fill is specifically not allowed. Rock disposal areas shall be graded in compliance with City-approved soils investigations and recommendations and grading plans. Erosion control, including, but not limited to desiltation basins, shall be installed. The developer shall make p to insure the proper maintenance of all erosion control devices throughout their intended life. 12. The top of the manufactured slope located on the City property west of the subject parcel shall not deviate more than five feet from the limits of grading as depicted on the conceptual grading plan on file in the Planning Services Department. __ STREETS A All Circulation Element roads shall be dedicated and improved to Circulation Element road standards and to the specifications of the Director of Engineering Services. Street imp Resolution No. P-92-54 Page 7 that include, but are not limited to: idewal ks riveways heel chair ramp~ urb and gutter oss gutter ley gutter feet paving ley paving shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Engineering Services. The developer shall pay the Traffic Mitigation Fee at the established rate prior to building permit Street improvements and maintenance shall be made in accordance with City standards. Prior to any work being performed in the public right-of-way, a right-of- way permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to any other permits required. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to occupancy to the satisfaction of the Department of Engineering Services. The existing driveway shall be removed and relocated as shown on the plans. UTILITIES The applicant shall pay for a water system analysis to establish the proper size and location for the public water system and fire sprinkler system. The amount shall be paid upon first submittal of the grading plan. The applicant shall, within 30 days after receivin approval of the conditi nal use ermit and development review appl for a Letter of Availab lity (LOA to reserve seven EDU's of sewera e availability and post wi h the Cit , a nonrefundable reservation fee qual to 20% of the appropr ate sewer ge connection fee in effect at t e time the LOA is issued. Water and se er main li es and appurt nances that will be installed at locations ot r than w thin ublic s feets shall have an easement, a minimum of feet wi e, de icated o the City of Poway. Multiple parallel fac ities wil requ re addi ional easement width for on-site facilities, edication shall e offered by separate instrument recorded prior to buil ing permit All public utility lines {i.e., water, sewer, drainage) not located within public streets shall have an improved access over and along the respective easement, the surfacing, width, and location shall be acceptable to the City Engineer. Resolution No. P-92-54 Page 8 SHALL CONTACT THE HITH THE FOLLOWING CONDITIONS: OF SAFETY SERVICES Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway No. 64. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of a cess roadways with all-weather driving surface of not less than 20 fee of unobstructed width, with adequate roadway turning radius capable o supporting the imposed loads of fire apparatus having a minimum of 1 '6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. The building will be required to install an approved fire sprinkler system. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. One ne on-site fire hydrant is required. The location of the hydrant shall e determined by the City Fire Marshal. Approximate location will be at he driveway entrance from Adobe Ridge Road to serve the new Fire Sprink er System. An automatic fire alarm system shall be installed to approved state and local s~andards. System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire sprinkler system Post Indicator Valve. Prio to delivery of combustible building material on site, water syste s shal satisfactorily pass all required tests and be connected to t e ubl c water system. In addition, access roadways 'shall be in.place o roy de adequate, permanent access for emergency vehicles. The final lit f asphalt shall not be installed until all other construction activi y as been substantially completed to the satisfaction of the City. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 10. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. Resolution No. P- 92-54 Page 9 Prior to occupancy, all dedications shall be made and easements granted as required above, if any. APPROVED and ADOPTED by the City Council of the Ci~ty of Poway, State of California, this 20th day of October 1992. yor AIl[SI: Marjorie ken, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) Resolution No. P-92-54 Page 10 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-92-54 , was duly adopted by the City Council at a meeting of said City Council held on the 20th day of October 1992, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE,'SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE Marjorie K. Wahlsten, City Clerk City of Poway