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Res P-97-53RESOLUTION NOi P-97-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 91-09M ASSESSOR'S PARCEL NUMBER 317-280-46 and 317-281-17 and 18 WHEREAS, Conditional Use Permit 91-09M, s bmitted by Sportsplex USA requests approval to replace four sand volleyball courts with a Iler hockey/soccer rink at the South Poway Sports Park. The property is located at 12 49 Mclvers Court within the Sports Complex land use designation of the South Poway lanned Community zone; and WHEREAS, on September 30, 1997, 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 follows: The City Council finds that the previously certified Final EIR and Final Subsequent El R for the South Poway Specific Plan and the Negative C :h Mitigation M ~1 on September 10, 1991, for CUP 91-09 adequately address the potential Iai impacts of the proposed development. Se, The project' ~ with the South Poway Specific Plan and the Poway General Plan in that 1' permitted within the Sports Complex land use designation of the S uth Poway Planned Community zone with the approval of a conditional use ermit. That the location, size and design an operating ch ;the use will be compatible with and will n adversely affect or be materially detrimental to adjacent uses, residts, buildings, or natural in that the Sports Park has perated on the site for the past four years without negatively impacting surrounding land uses. That the scale, bulk, coverage and density' I with adjacent uses, in that the park is amhitecturally compatible with the surrounding industrial development. That there are available public facilities, services and utilities to serve the park in that the park is completely developed and is served by existing public facilities and utilities. Resolution No. P- 97-53 Page 2 That there will not be a harmful effect upon desirable neighborhood ch in that the park has operated compatibly on the site for the past four years. That the ~ :traffic will not adversely impact the surrounding streets and/or the City's Cimulation Element in that the trafl' generated by the sports park can be readily handled by the existing roadways without impacting the existing level of service. That the site is suitable for the type and intensity of use and development proposed in that the site provides active and recreational opportunities both to the employees within the South Poway Business Park and th at large. That there will not be significant harmful effects upon the quality and natural that the sports park has operated on the site for the past four years. o That th :h mitigated. :impacts of the proposed use that cannot be 10. That the impacts, as described above, and the location of the proposed park will not adversely affect the City of Poway General Plan for future as well as present development, in that the South Poway Specific Plan allows park facilities at this location with the approval of a conditional use permit. Council Decision: The City Council hereby approves Conditional Use Permit 91-09M subject to the following conditions: Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. The approval does not include the use of the facility 1' :1 no application to modify this Cognitional Use Permit to include y be submitted until at least one year after completion and occupancy of the proposed roller hockey facilities. 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 uses. 4. This conditional use permit shall be subject to annual review for the first two years Resolution No. P-97-53 Page 3 by the Director of Planning Services for compliance with the conditions of approval and to add that may h J during the past year. If the permit ks not in compliance with the conditions of approval, or the Planning Services Department h :t complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification of the use permit. The park shall continue to operate in compliance with the conditions established with City Council Approval Resolution Nos. P91~57 and P94-04. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. SITE DEVELOPMENT Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the condit' -I herein. Revised site plans and building ' ;orporating all conditions of approval shall be submitted to the Planning Services Department pdorl =building permits. Approval of this request shall not 31lance with all I the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. Prior to any use of the project site or b Iy being -1 thereof, all conditions of approval contained herein shall be completed to the sar ~ : the Director of Planning Services. 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 ord ~'ect at the time of building permit issuance. LANDSCAPEIMPROVEMENTS All landscaped areas shall be :1 in healthy and thriving condition, free from weeds, trash, and debris. The trees shal I: ;led and allowed to retain a natural form. Pruning should b ~ the health of the trees and to protect the public safety. Unnatural pruning, including topping, is not permitted. Resolution No. P- 97-53 Page 4 SIGNS Any signs proposed for this development shall be designed and approved ' with the Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. SITE DEVELOPMENT Permit and plan check fees shall be paid upon submittal of map, improvement and/or grading plan, as applicable. Development fees, including but not limited to C fees, remaining ~ion, be paid prior to building permit issuance. :1 irrig' ' I, and sewer inspection fees shall GRADING 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 at first submittal of a grading/private improvement plan. The grading plan, prepared on a standard sheet of mylar at a scale of 1" = 20' or larger by a registered civil engineer, shall be subject 1 :1 approval by the Planning and Engineering Services Departments and shall be completed prior to I a grading permit. 4. All new slope shall b ' ' ;2:1 (horizontal to vertical). A final compaction report shall be submitted and approved prior to issuance of building permits. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior 1' I building permits. SI 3all be at least five feet from tops and toes of slopes, :1 by Planning and/or Engineering Services Departments prior to grading permit issuance. Non-supervised or non-engineered fill is specifically not allowed. Rock disposal areas shall be graded in compliance with City-approved soils investigations and :lations and grading plans. Resolution No. P-97-53 Page 5 :1 to desiltation basins, shall be installed and from Oct. 15th to ^pdl 1 5th. control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The developer shall make provisions to insure the Prol~ of all erosion control devices throughout their intended life. 10. If pad elevation increases by greater than two feet in height from those approved on the tentative map or schematic grading plan used as a basis of approving the Project, City Council approval will be required prior to grading permit issuance. STREETS AND SIDEWALKS All parking lot structural 3all be submitted to and approved by the Director of Engineering Services. Pavement 3all conform to th ' ' :luired by the Poway Municipal Code Section 12.20.080. 2. Street improvements shall include, but are not limited to: X Sidewalks _ Cross gutter X Driveways _ Alley gutter X Wheelchair ramps _ Parking lot paving _ Curb and gutter _ Alley paving _ Striping and signs All damaged off-site public works facilities, including parkway trees, shall be repaired and replaced prior to of bonds and imp to the sa1 : the Director of Engineering Services. Prior to any work performed in the public right-of-way or City-held easements, a right-of-way permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to any permits required. DRAINAGE AND FLOOD CONTROL Intersection drains shall be required at locations specified by the Director of Engineering S :l in accordance with standard engineering practices. A drainage system capable of handling and disposing all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any -1 as required by the Director of Engineering Services to properly handle the drainage and it shall conform to the p :lies. ._ Resolution No. P- 97-53 Page 6 3. Concentrated driveways and/or sidewalks shall not be permitted. ES 1. All proposed utilities within the project shall be installed underground. Utility easements shall be provided to the specification of the serving utility companies and the Director of Engineering Services. Existing telephone, gas, electric, water, sewer, and other public utility lines and appud 3all be shown on the grading/improvement plans. APPROVALS This approval is based on the existing site conditions represented on the proposed site plan. If the actual conditions vary from those rep the site plan must be changed to reflect the actual conditions. Any substantial changes to the site plan must be approved by the Director of Planning Services and the Director of Engineering S :1 may require approval of the City Council. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 30th day of September 1997. Don Higginson, rv~a~or ATTEST: Wahlsten, City Clerk Resolution No. P- 97-53 Page 7 STATE Of CALIFORNIA ) )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-97-53 , was duly adopted by the City Co,uncil at a meeting of said City Council held on the 30th day of September 1997, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAFAGNA, EMERY, REXFORD, HIGGINSON GOLDBY NONE NONE ahlsten, City Clerk City of P.o~ay E:\CITY1F