Res P-99-03 RESOLUT ON NO P- 99-03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 98-05
ASSESSOR'S PARCEL NUMBER 317-520-35
WHEREAS, Conditional Use Permit 98-05 submitted by Dattaram & Gloria
Walavalkar, Applicants for the purpose of operating a day care center for up to 40
students 1' to 12 years old within a 2200 square foot house at 13242 Pomerado
Road, a 2.3 ihin the RS-3 zone.
WHEREAS, on January 12, 1999, the City Council held a duly advertised public
hearing I from the public, both pro and con, relative to this application.
WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
reservation, or oth ' described in this resolution begins on the effective date of
this resolution and any such protest must b that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that the project will not have a significant adverse impact on
th : and issues a Negative Declaration with Mitigation Measures.
The project' : with the General Plan and the Zoning Development
Code which designates this site for day care center use with approval of a
conditional use permit.
That the location, size, design, and operating ch ' ' : the use are
in accord with the title and purpose of this resolution, the purpose of the land
use desig ~ich the site is located, the Poway General Plan and the
Zoning Ordinance in that the subject property is identified as a residential site
where day care centers and pre-sch lowed with a conditional use
permit.
That the location, size, design, and operating characteristics of the use will
be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, residents, buildings, that
special conditions of approval are set forth in this resolution which will help
buffer the use from adjacent residential development.
That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, because the site h "3 residence that is compatible
with surrounding structures.
Resolution No. P- 99-03
Page 2
That th p services, and utilities, because the
use will be located in a house where all necessary facilities are already in
place.
That there 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 ;] and required street imf :1 off-street parking
will be 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 for day care centers by conditional use permit.
That there will not be significant harmful effects upon Iai quality
and natural in that the area slated for use has been previously
graded for the existing house.
10. That th :h
cannot be mitigated.
negative impacts of the development that
:il Decision:
The City Council hereby approves Conditional Use Permit 98-05 subject to the
following conditions (with mitigation -licated by an asterisk (*):
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
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 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 Department
h -I complaints, the required annual review shall be set for a public hearing
before the City Council, to consider modifical' Iion of the use permit.
ResoLution No. P- 99-03
Page 3
o
Prior to the onset of business activity the applicant shall obtain the required
approvals and permits from the approF ' ~7 and state agencies for the child
care facility.
No outdoor paging systems or telephone bell
devices shall be used.
TI; aer of children enrolled and/or attending the child care facility at
a given time shall not exceed 40.
Approval of this request shall not waive compliance with all sections of the South
Poway Development Standards the Zoning Ordinance and all other applicable City
Ord =[ect at the time of building permit issuance.
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.
Prior to any use of the project site or business activity being :1 thereof,
all conditions of approval contained herein shall be completed to the satisfaction of
the Director of Planning Services.
This approval shall b II and void if building
project within two years from the date of project approval.
not issued for this
PARKING AN SS
All parking lot landscaping shall include a
every three spaces.
one 15 gallon size tree for
A ' ' : 11 on-site 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' ale spaces with ale space.
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 streets and buildings on adjacent lots.
LANDSCAPING
1.
Resolution No. P-99-03
Page 4
A landscape and irrigation plan to supplement the existing landscaping shall be
submitted to and approved by the Planning Services Department prior to the
"building permits. Plans shall be prepared in accordance with the City
of Poway Guide to Landscape Requirements (latest edition)
2. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash and debris.
3. Street trees, a ' ' : 15 gal! 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.
4. Landscaped areas within the adjacent public right-of-way shall be permanently and
fully maintained by the owner.
5.* The trees to be removed shall be replaced on a 1:1 and 2:1 ratio with tree species
suitable to the area.
SIGNS
Any signs proposed for this development shall be designed and approved '
with the Sign Ordinance.
lVALS I;
Working drawings for any tenant imf 3all include a certification by a recognized
acoustical expert that the req ' ~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.
1. Facility shall be equipped with a i- j/stem throughout the building.
2. Provide a 2A:10BC fire extinguisher for each 3,000 square feet or each 75 feet of
travel distance.
3. Provide fire lane markings, including signs in the hammerhead area.
4. Provide approved exit signage throughout and proper panic hardware.
5.* Record a "parking use easement" on the vacant lot where the fire department
turnaround crosses the property line on APN 317-520-14.
Resolution No. p. 99-03
Page 5
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
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 grading plan for the development of the property shall be submitted to the City's
Engineering Services Department for review and approval prior to issuance of a
grading permit and start of grading operation unless grading involves earthwork
l of less than 50 cubic yards. If no grading is required, a certification from
a State Registered Civil Engineer indicating the amount of earthwork shall be
furnished to said City's Engineering Services Department and a $500 inspection fee
shall be paid prior to building permit issuance.
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
2:1 (horizontal to vertical).
A certification of line and grade and final compaction report, prepared by the project
civil engineer, shall be submitted and approved pdorl :building permits.
E , including but not limited to desiltation basins, shall be installed and
· ' · -I from Oct. 15th to April 15th. An lrol 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.
Paving of the parking lot shall conform to the standards as set forth in Section
12.20.080 of the City Code. All driveway approaches shall be with alley-type
returns, unless otherwise approved by the Director of Engineering.
No parking space shall be allowed within City's easement(s) unless otherwise
approved by the Director of Engineering Services.
UTILITIES
Should there be a need for new fire hydrant/s, a water system analysis shall be
prepared to establish the proper size and location of the public water system.
Applicant shall pay to the City the cost of preparing the analysis prior to submittal
of improvement plans, improvement plans prepared by Registered Civil Engineer
Resolution No. P- 99-03
Page 6
shall be submitted for approval by Engineering Services Department. Plan check
and inspection expenses shall be paid by the developers.
Proposed and existing telephone, gas, electric, :1 other public utility
lines and appufl lall be shown on the grading plans.
All on-site p ' ~all b :1 to publ
specifications and shall be shown on the grading plans.
landards and
Water and lines and appurtenances that will be installed at locations
other than within publ lall h !, ' ' ~ 20 feet wide
for each line, dedicated to the City of Poway. Multiple parallel facilities will require
additional easement width for on-site facilities. Easement dedication shall be
recorded prior1 :a certificate of occupancy. A processing fee shall be
paid to the City's Engineering Department at first submittal of C for review.
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 and width of which shall be acceptable to the City Engineer.
STREETS
Applicant shall fully improve the Pomerado Road frontage to circulation element
standards or pay an in-lieu fee of $20,000.00. This requirement shall be met prior
to certificate of occupancy.
Prior to building permit' 3plicant shall ~ of improvement
requirement for Rimbach Road for applicant to participate with adjacent property
owners I : and maintain Rimbach Road to city standards. Said covenant
shall I; :1 and approved by the city prior to recordation.
Plans for the construction of public improvements, prepared on standard sheets of
mylar by a Registered Civil Engineer, shall be submitted to the City's Engineering
Services Department 1' :1 approval. Plan check and inspection fees shall
be paid by the developer.
Peri' -1 payment bonds for the construction of public improvements shall
be posted with the City prior to improvement plan approval. A warranty bond shall
be posted with the City prior to acceptance of improvements.
Prior to building permit issuance, appropriate water and sewer fees shall be paid
to the City's Engineering Services Department. Sewer fees shall include, but is not
Resolution No. P- 99-03
Page 7
limited, 1 fee, cleanout fee, and installation inspection fee. These fees
are subject to change without p ' ~'
ter Size Cost Water Lateral SDCWA Fee*
3/4" $130.00 $1,350.00 $3,710.00 $1,585.00
1" $270.00 $1,430.00 $6,678.00 $2,536.00
1.5" $600.00 COST $10,388.00 $4,755.00
2" $1,775.00 COST $16,694.00 $8,242.00
* 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. SDCWA
fee shall be paid by separate check.
For a
not listed above, pi
:Engineering Services.
Sewer F follows:
S fee** =$5,301.00
** Based on the number of fixtures equal to 13 per the floor plan available at the time of
conditioning which is equal to 3.25 EDUS, a difference of 2.25 EDUS at $2,356.00/EDU
is required prior to building permit issuance. An additional fee shall be added to the above
fee iff :1 beyond 13.
The following fees shall be paid or a security bond posted prior to issuance of a
building permit, if a security bond is posted, payment of the fees shall be made prior
to issuance of a certificate of occupancy. Once payment is received in full said
security bond could be released to the applicant.
Traffic mitigation =$2,310.00
Park fee =N/A
A right-of-way permit shall be obtained from the City's Engineering Services
Department for any work to be done within the public street right-of-way or any City-
held easement. Said work shall include, but is not limited to, of
driveway approach, sewer lateral installation, water service line installation, and
street construction.
Applicant shall acquire all required easements for the parking lot expansion from
adjacent property owners. A copy of recorded easement shall be submitted to
Engineering Services prior to building permit issuance.
Any necessary street right-of-way dedication to the City for Pomerado Road shall
be made prior to certificate of occupancy.
-- Resolution No. P- 99-03
Page 8
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of January 1999.
ATTEST:
Michael
~-~nne Peoples, City lerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, 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 12th day of
January 1999, and that it was so adopted by the following vote:
AYES: EMERY, 60LDBY,
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
HIGGINSON, REXFORD, CAFAGNA
L~o n ~'n n~e P~eo pies, ~ ~e~k
City of Poway