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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