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Res P-94-53RESOLUTION NO. P- 94-53 F TH APP OVIN. ASSES OR' OF T E CITY OUNCIL CITY OF PO AY, CAL FORNIA CONDITIONA USE PE MIT 94-16 PARCEL N BER 3 4-670-1-16 WHEREAS, Co ditional Use Permit 94-16 submitted by the City of Poway requests approval or the design and construction of aminiparklocated 3.4 acres site south of Ado e Ridge Road and west of Pomerado Road in the Residential Single Family-4 (R -4)zone; and WHEREAS, on November 15, 1994, the City Council held a duly advertised public hearing to obtain testimony both pro and con on the above described item. NOW, THEREFORE, the City Council does hereby resolve as follows: Secti 1 Fin( : The City Council finds that this project will not have a significant adverse impact on the and hereby issues a Negative Declaration. Section 2: : Conditional Use Permit 94-16 1. The proposed project is with the General Plan in that parks are permitted in residential zones with the approval of a conditional use permit. That the location, size and design and· ch 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 use will be located on vacant land and that the surrounding property owners have direct input into the design and configuration of the minipark. That the scale, bulk, coverage and density is with adjacent uses, in that the proposed park has been designed primarily to accommodate the 1 uses of the Adobe Ridge subdivision and the surrounding properties. That there are available public facilities, services and utilities to serve the proposed use as public water and street access is available to the site. That there will not be a harmful effect upon desirable neighborhood ch in that the proposed park was designed with direct input from the surrounding property owners and will assist in meeting the needs of the local 6. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that Resolution No. P-94-53 Page 2 the park is designed for primarily pedestrian access with no on-site parking facilities. On street parking is available. That the site is suitable for the type and of use and development proposed in that the site will occupy less than one-half of a vacant site and has been tailored in size to accommodate the local 1 needs. That there will not be significant harmful effects upon the 1 quality and natural , in that the site has been graded for many years and annually disced to reduce potential fire hazards. That there are no other relevant impacts of the proposed use that cannot be mitigated. 10. That the impacts, as described above and the location f the roposed park will not adversely affect the City of Poway eneral lan for future as well as present d in that the eneral lan designates parks as one of the conditional uses permi ted in he residential zone. Council The City Council hereby approves Conditional Use Permit 94-16 subject to the following conditions: The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and of surrounding residential and uses. This conditional use permit shall be subject to annual review for the first two years by the Director of Planning Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the conditions 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. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. COMPLIANCE SHALL BE SITE DEVELOPMENT 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. Resolution No. P- 94-53 Page 3 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 ' Prior to any use of the project site or business activity being commenced 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 PARKING AND VEHICULAR ACCESS A minimum of 24 feet wide free and clear at all times duFing Services D access shall be provided, J in accordance with Safety LANDSCAPE INPROVEHENTS Complete landscape documents shall be submitted to and approved by the Planning Services D prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Req (latest edition). Existi g on-site trees shall be retained wherever possible and shall be mainta ned in a horticulturally acceptable manner. Dead, decaying, or otent ally dangerous trees shall be approved for removal at the of the Planning Services during the review of the aster Plan of existing on-site trees. Living trees which are approved or removal shall be replaced on a tree-for-tree basis as required by the lanning Services Department. All landscaped areas shall be J in a healthy and thrivi g condition, free from weeds, trash, and debris. The trees shall e encouraged and allowed to retain a natural form. Pruning should e ~ to maintain the health of the trees and to protect the publ c safety. Unnatural or pruning, including topping, is not permitted. A dense landscape screen including trees and shrubs shall be planted along the southern border of the developed section of the park separating the existing residential dwelling units from the minipark area. SIGNS 1. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. Resolution No. P- 94-53 Page 4 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. COMPLIANCE SHALL BE GRADING A geological report shall be prepared by a qualified engineer or geologist and submitted at the time 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 D 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. 4. All new slopes shall be a minimum of 2:1 (horizontal to vertical). 5. A final compaction report shall be submitted and approved prior to issuance of building permits. Site grading shall be certified by the project civil engineer prior to issuance of building permits. Non-supervised nor. J fill is ly 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 of all erosion control devices throughout their intended life. 9. Lots one through sixteen shall be merged to form a single parcel. STREETS AND 1. Street improvements that include, but are not limited to: idewalks riveways heel chair ramps urb and gutter us shelter/turnout __ Cross gutter __ Alley gutter __ Street paving __ Alley paving shall be Director of prior to the ~ Services. to the satisfaction of the All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and Resolution No. P- 94-53 Page 5 imp to the satisfaction of the Department of Engineering Services. Prior to any work being performed in the public right-of-way, an encroachment permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to any other permits required. DRAINAGE AND FLOOD CONTROL A drainage system capable of handling and of all surface water within the park, and all surface waters that may flow onto the par site from adjacent lands, shall be required. Said drainage system sha 1 include any and structures as required by the Director of E Services to properly handle the drainage. ¢ flows across and/or sidewalks shall not be permitted. UTILITIES 1. All proposed utilities within the project shall be installed underground. Utility shall be provided to the specification of the serving utility companies and the Director of Engineering Services. The developer shall be responsible for the relocation and undergrounding of existing public utilities as required. 4. Water plans shall be designed and 3 to meet req of the City of Poway and the County of San Diego Department of Health. Existing telephone, gas, electric, and all other public utilities and app shall be shown on the grading/private improvement plans. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 15th day of November 1994. ATTEST: Resolution No. P-94-53 '-- Page 6 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-94-53 , was duly adopted by the City Council at a meeting of said City Council held on the 15th day of November 1994, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE Mai jori?\ Wahlsten, City Clerk C i ty d<._~oway