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Res P-98-06RESOLUTION NO. P- 98-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 97-11 AND DEVELOPMENT REVIEW 97-47 ASSESSOR'S PARCEL NUMBER 320-011-27 WHEREAS, Conditional Use Permit 97-11 and Development Review 97-47, submitted by Craig Davidson, Applicant for the purpose of constructing and operating a 19,850 square foot child care facility on the vacant property located on the southeast corner of the intersection of Creek Road and Pomerado Road. The property is part of the Creek Road Enclave located within the South Poway Planned Community zone. The land use designation of the property is South Poway C WHEREAS, on January 20, 1998, the City Council held a duly advertised public headng to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: The City Council finds that the project will not have a significant adverse impact on th t and issues a Negative Declaration with Mitigation Measures. Use Permit 97-11 The project is consistent with the General Plan and the Creek Road Enclave/South Poway Specific Plan which designates this site for use . That the location, size, design, and operating characteristics of the use are in accord with the title and purpose of this resolution, the purpose of the land use desi§ lich the site is located, the Poway General Plan and the South Poway Specific Plan; in that the subject property is identified as a site wh activity is allowed within the Creek Road Enclave/South Poway Specific Plan area. That the location, size, design, and operating ch I the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, building :ural that special conditions of approval are set forth in this resolution which will help buffer the use from adjacent residential development. o 10. Resolution No. P- 98-06 Page 2 That the harmony in scale, bulk, coverage, and density is adjacent uses, because the site will be developed with facilities and buildings which have been designed to be compatible with surrounding structures. That th 31e public facilities, services, and utilities, because the use will be located in a development where all necessary facilities are already in place. That thera will not be a harmful effect upon desirable neighborhood ch in that there are special conditions of approval set forth in this resolution which will help buffer the use from surrounding residential development. That the g :traffic will not adversely impact the surrounding streets and/or the City's Transportation Element, in that the use will operate in an area wh ' .~ street imp :1 off-street parking are adequate given the scale of the proposed use. That the site is suitable for the type and intensity of the use, in that it is an area designated 1' use. That there will not be significant harmful effects upon quality and natural in that the area slated for development has been previously graded and disturbed. That thera are no otb I negative impacts of the development that cannot be mitigated, in that a 6-8 foot high masonry wall will be constructed along the southerly property line to buffer the use from adjacent residential. 47 The development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, because the building has been designed in accordance with the Creek Road Enclave/South Poway Specific Plan development plan and because the project will incorporate adequate landscaping and parking. The development is in compliance with the South Poway Development Standards and the Creek Road enclave/South Poway Planned Community Development Plan. The development encourages the orderly and h app : :1 property within the City through it ! with the Creek Road Enclave/South Poway Planned Community which provides high standards for development throughout the 2500 acre planned community. Resolution No. P- 98-06 Page 3 The City Council hereby approves Conditional Use Permit 97-11 and Development Review 97-47 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. = = = Th ~itionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of the surrounding residential and 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 add that may h J during the past year. If the permit is not in compliance with the conditions of approval, or the Planning Services Department h :1 complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification or revocation of the use permit. Prior to the onset of business activity the applicant shall contact the Customer Services Department and obtain a City of Poway business license for the use. Prior to the onset of b ~ the applicant shall obtain the required approvals and permits from the appropriate county and state agencies for the child care facility. No outdoor paging systems or telephone bells or similar devices shall be used. The number of children enrolled and/or attending the child care facility at a given time shall not exceed 290. )7-47 Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the condir ~ ' :1 herein. 10. Resolution No. P- 98-06 Page 4 Revised shall be submitted to the Planning Services Department prior 1 permits. approval = building Approval of this request shall not 31lance with all I the South Poway Development Standards the Zoning Ordinance and all other applicable City Ord rfect at the time of building permit issuance. All roof appurl :ling air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. A minimum 8 foot high slump stone or split face block masonry wall shall be constructed and maintained along the southerly property line. Where the adjacent grade is four feet or more lower or higher than the project site, the masonry wall may be reduced I ' ' : six feet in height. In addition, fifteen-gallon trees, twenty feet ~all be installed and maintained along the inside of the wall. 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. Trash receptacle shall be enclosed a six foot high masonry wall with view- obstructing gates pursuant to City standards. Location shall be subject to approval by the Planning Services Department. Prior to any use of the project site or b :y being all conditions of approval contained herein shall be completed to th the Director of Planning Services. -1 thereof, This approval shall I~ I and void if building I: project within two years from the date of project approval. : issued for this All parking lot landscaping shall include a ' ' :one 15 gallon size tree for every three spaces. For parking lot island ' ' 12 inch wide walk adjacent to parking stalls shall be provided and be separated from veh by a six inch high, six inch wide portland l curb. A ' ' : 70 onsite parking stalls shall be provided. All parking spaces shall be double striped. Th ' ' d for standard sized parking stalls shall be 8.5' x 18.5'. The parking lot design shall comply with the Americans with Disabilities ACt, i.e. 1:25 ratio 1' 31e spaces with 31e space. Resolution No. P- 98-06 Page 5 Parking lot lights shall be Iow p 'lium and have a height of 18 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent :1 buildings on adjacent lots. LANDSCAPING A detailed landscape and irrigation plan shall be submitted to and approved by the Planning Services Department prior to th ; building permits. Plans shall be prepared in accordance with the South Poway Development Plan and the City of Poway Guide to Landscape Requirements (latest edition) All landscaped areas shall b from weeds, trash and debris. `i in a healthy and thriving condition, free Street 1 ' ' : 15 gall larger, shall be installed in accordance with the City of Poway Guide to Landscape Requirements and shall be planted at an average of 30 feet on center spacing along all streets. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner. SIGNS Any signs proposed for this development shall be designed and approved ' with the Sign Ordinance. Working drawings shall include a certification by a recognized acoustical expert that the requirements of the City of Poway' Jinance will be met. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. Roof covedng shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No, 64 The building shall display th ' -Id 31e from the access street. M' ' ~the building numbers shall be 18 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 S -I meeting Sheriff Dept. - ASTREA criteria. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less = = 10. 11. 12. Resolution No. P- 98-06 Page 6 than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical 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 meeting P.M.C. requirements. The building sprinkler system shall be designed to meet N.F.P.A. Standards for occupancy type. The entire system is to b :1 by a central monitoring company. System post ind :h tamper switches, :1, are to be located by the City Fire Marshal prior to installation. In the event the City regulations governing the installation of fire sprinkler systems is revised, the applicant shall comply with the adopted standards at the time of building permit issuance. 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. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and -t at all times until is completed. Permanent 'lways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. Minimum 2A:10BC fire extinguisher(s) are required for 3,000 square feet and 75' of travel distance. The addition of on-site fire hydrants is required (2 fire hydrants). The location of the hydrants shall be determined by the City Fire Marshal. A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area. Plans to be submitted and approved, prior to installation. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and I: :1 to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all otl; .7 has been substantially completed to the sat = the City. An automatic fire alarm system shall be installed to approved standards by a properly licensed contractor. System shall be completely monitored by a U.L. listed central stat' 3any or proprietary Resolution No. P- 98-06 Page 7 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, d fees, remaining be paid prior to building permit issuance. :l irdg l, and sewer inspection fees shall GRADING Grading of the subject property shall I; ~ance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. = A grading plan for the development of the property, prepared on a standard sheet of mylar and drawn at a scale of 1" = 20, shall be submitted to the City's Engineering Services Department l' ~l approval prior I : a grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Engineering Services inspector's approval priori "a building permit. = A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Copies of the report shall be submitted with the grading plan. 4. All new slopes shall be a I2:1 (horizontal to vertical). A final compaction report shall be submitted and approved prior t' building permits. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior 1 ~ building permits. = E :ling but not limited to desiltation basins, shall be installed and :1 from Oct. 15th to April 15th. An erosion 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 proper maintenance of all erosion control devices throughout their intended life. = = Resolution No. P- 98-06 Page 8 Buildings and parking lots shall be at least five feet from tops and toes of slopes, unless waived 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 :igations and :lations and grading plans. = J = Additional right-of-way along Creek Road shall be granted to the City prior to occupancy. The half street right-of-way width from street centerline to property line shall be 30 feet· The half street imp ~all consist of ~ and gutter constructed 20 feet south of centerline, concrete sidewalk from Pomerado Road to the driveway entrance and A.C pavement. ^ concrete. A return with ped ~ shall be constructed at the southeast corner of Pomerado Road and Creek Road. Street imp 3all include, but are not limited to: Sidewalks Driveways Wheelchair ramps Curb and gutter Striping and signs Parking lot paving All damaged off-site public works facilities, including parkway trees, shall be repaired and replaced prior 1 :ion of bonds and improvements, to the sa~ I the Director of Engineering Services. Prior to any work performed in the public right-of-way or City-held a right-of-way permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to any other permits required. Driveways shall have a ' ' alley apron with ten foot ' ' ':lth of 30 feet and shall be designed as an :lius. All street and parking lot structural sections shall be submitted to and approved by the Director of Engineering Services. Pavement 3all conform to the · ' :luired by the Poway Municipal Code Section 12.20.080. INTROL 1= Intersection drains shall be required at locations specified by the Director of Engineering S :1 in accordance with standard engineering practices. Resolution No. P-98-06 Page 9 A drainage system capable of handling and disposing all surface water originating within the project, and all surf that may flow onto the project from adjacent lands, shall be required, Said drainage system shall include any :1 si :luired by the Director of Engineering Services to properly handle the drainage and it shall conform to the p :lies. 3. Concentrated driveways and/or sidewalks shall not be permitted. UTILITIES All proposed and existing utilities within the project shall be installed underground. Utility shall be provided to the sp companies and the Director of Engineering Services. of the serving utility The developer shall be responsible for the existing public ul quired. and undergrounding of Water, :1 fire p ),stems shall be designed and constructed to meet the requirements of the City of Poway and the County of San Diego Department of Health. The applicant shall pay 1' /stem analysis to establish the proper size and location of the public water system. The amount shall be determined by the cost of the analysis and shall be paid prior to submittal of improvement plans. Estimated amount is $1,850.00. Existing telephone, gas, electric, water, sewer, and other public utility lines and appud' lall be shown on the grading/imp plans. Water main lines and appurtenances that will be installed at I :her than within publ lall h ' ' :20 feet wide for each line, dedicated to the City of Poway and shall provide a warranty bond for installation of th ' ',s). The warranty bond is for a period of 12 months. lENTS 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 $ :1 may require approval of the City Council. = Resolution No. P-98-06 Page 10 Prior to building permit issuance, appropriate water and sewer fees shall be paid to the City's Engineering Services Department. Depending on the size of based on the following: to be installed, the water fees shall be Size Co~t )nsion Fee 1" meter $270 $6,678 $2,536 1.5" meter $600 $10,388 $4,755 2" meter $1,775 $16,694 $8,242 For' :listed above, pi : Engineering Services. *This fee is subject to change without further notice. Applicable only to water meter for d The amount to be paid shall be that in effect at time of payment. Sewer Connection Sewer Cleanout Sewer Inspection Sewer Line Charge = $47,120.00 (based on 20 EDU's) = 50.00 = 25.00 = The developer shall pay applicable sewer line charg line extension charge. The following fees shall be paid or a security bond posted prior to ' a building permit. If a security bond is posted, payment of the fees shall be made prior1 :a Certificate of Occupancy. Once payment is received in full said security bond could be released to the applicant. Drainage = $1,200 Traffic Mitigation= $23,925 Park = $ 2,650 There is a recorded Agreement for Reimbursement of Costs of Permanent Public improvements for Pomerado Road which obligates this parcel in the amount $203,443.66 payable to the City of Poway. This obligation shall be paid prior to building permit issuance. Resolution No. P- 98-06 Page 11 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 20th day of January 1998. ATTEST: Marjorie~Wahlsten, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) N:\P .RES AYES: EMERY, GOLDBY, NOES: NONE ABSTAIN: REXFORD ABSENT: NONE Wahlsten, City Clerk ay I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. was duly adopted by the City Council at a meeting of said City Council held on the ?n~-hday of 1998, and that it was so adopted by the following vote: