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Res P-94-43RESOLUTION NO. P-94-43 A R OLUTION F TH CIT' C U CIL OF E CITY 0 POW Y, C 0 NIA APPROVI CONDIT ONAL SE P I 91-08M ASSES R'S PAR EL NU.BER 7 - 60-56 WHEREAS, Conditional Use Permit 91-08M, submitted by Country N of Poway, applicant, requests approval to continue operating a private school facility on the property located at 12642 Monte Vista Road; and WHEREAS, on August ]6, 1994, the City Council public hearing to solicit comments from the public, to this application. held a duly advertised both pro and con, relative NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: ;: The previously adopted Negative Declaration with M Measures for CUP 91-08 adequately addresses the tal issues associated with the continuation of the subject use. Section 2: Findin ; 1. The proposed project is consistent with the Poway General Plan. That the location, size, design and operating ch tics of the p oposed use will be compatible with and will not adversely affec or be materially detrimental to adjacent uses, residents, build ngs, structures or natural , in that the school has opera ed successfully during the past seven years. That the scale, bulk, coverage and density is t with adjacent uses, in that all development standards of the Zoning Ordinance have been met. That there are available public facilities, services and utilities that serve the use. That there will not be a harmful effect upon desirable neighborhood characteristics in that the use has existed on the site for the past seven years and has operated compatibly with surrounding land uses. That the g of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that the use has existed on the site for the past seven years. o That the site is suitable for the type and intensity of use and development proposed in that the site has been developed as a private school which is complementary to the adjacent residential neighborhood which could use its services and buildings. Resolution No. P-94-43 Page 2 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. The City Council hereby approves CUP 91-08M subject to the following conditions: Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. The use conditionally 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 ' 1 uses. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to addres concer s that may have occurred during the past year. If t e permi is not in compliance with the conditions of approval or t e Plann ng Services Department has received complaints, he requ red annual review shall be set for a public hearing be ore the City Council, to consider modification or of the use permit. COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTHENT OF PLANNING SERVICES. The use shall continue to operate in accordance to the conditions of approval outlined in City of Poway Resolution No. P-91-51 which was approved by the City Council on August 6, 1991. Condition No. 8 on page 9 of Resolution No. P-gl-51, the requirement to connect the main building to the sewer system can be deferred until such time that a school use pu chases the subj ct property or the time of the annual review of CUP 91-0 M (August 16, 1 95), whichever is first. In either event, the from septic o sewer shall be completed within 60 days of said sa e date or annua review date. 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 ' -- Resolution No. P-94-43 Page 3 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 16th day of August 1994. ATTEST: Don Higginson, I STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) 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-94-43 , was duly adopted by the City Council at a meeting of said City )ld on the 16th day of August , 1994, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, NOES: NONE ABSTAIN: NONE ABSENT: NONE EMERY, SNESKO, HIGGINSON City off, way