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.
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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