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Res P-99-24RESOLUTION NO. P- 99-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 88-19(2M) ASSESSOR'S PARCEL NUMBER 275-510-16 WHEREAS, Notice of Public Hearing has been mailed to all property owners within 500 feet of the proposed project soliciting comments both pro and con; and WHEREAS, pursuant to G I Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication, reservation, or otb 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 previously issued Negative Declaration for Conditional Use Permit 88-19 adequately addresses the potential impacts of the proposed project. )n 2: Fin The proposed project is consistent with the general plan in that it is the establishment of ¥ community service, namely child care. Semi- publ ticipated to be approved with a conditional use permit. That the location, size, design, and operating ch ~ the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, strucl :ural that the church and Sunday school use has been in operation on the site for approximately 30 years without having a significant adverse impact on surrounding development. That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses, because the proposed use will be established within an existing structure. The play area will be that used by the Sunday school :ly and will be enhanced with additional landscape features in keeping with the needs of very young children. That th 31e public facilities, services, and utilities, because the use is located with' ' g church campus where all necessary facilities are already in place. Resolution No. P- 9 9 - 2 4 Page 2 That there will not be a harmful effect upon desirable neighborhood ch in that the use will be operated on a portion of the site which is significantly separated from adjoining residences and at a grade significantly lower than the closest homes which will help to buffer noise generated in the play yard. That the g :traffic will not adversely impact the surrounding streets and/or the City's Transportation Element, in that the property contains g : on-site parking which will more than adequately satisfy the needs of the preschool during the work week. That the site is suitable for the type and intensity of the use, in that the preschool will occupy an existing building on a long-established church campus. 8. That there will not be significant harmful effects Ul: quality and natural in that the property is fully developed. o That there are no otb cannot be mitigated. : negative impacts of the development that The City Council hereby approves Conditional Use Permit 88-19(2M) 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. 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 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 :1 complaints, the required annual review shall be set for a public headng before the City Council, to consider modit ;ion of the use permit. Resolution No. P-99-24 Page 3 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 conditions contained herein. Revised site plans and building incorporating all conditions of approval shall be submitted to the Planning Services Department prior 1 = building permits. Approval of this request shall not 31lance with all "the Zoning Ord :1 all other applicable City Ordinances in effect at the time of building permit issuance. Pdor to any use of the project site or b ty being :1 thereof, all conditions of approval contained herein shall be completed to the satisfaction of 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 fect at the time of building permit issuance. This approval shall b II and void if building permits are not issued for this project within two years from the date of project approval. LANDSCAPE IMPF rS Complete landscape construction documents shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape (latest edition). A Master Plan of the existing on-site trees shall be provided to the Planning Services Department prior to th ~ building permits and prior to grading, to d .lich trees shall be retained. Existing on-site trees shall be retained wherever possible and shall be maintained in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous Resolution No. P- 99-24 Page 4 trees shall be approved for removal at the discretion of the Planning Services Department during th ~ the Master Plan of existing on-site trees. Living trees which are approved f shall be replaced on a t basis as required by the Planning Services Department. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debds. The trees shall b ;led and allowed to retain a natural form. Pruning should be restricted I the health of the trees and to protect the public safety. Unnatural pruning, including topping, is not permitted. SIGNS Any signs proposed for this project 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. 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. The following development fees shall be paid to the Department prior to building permit issuance. These 1' subject to change without p Engineering Services :ly in effect and Sewer C Fee Traffic Mitigation Fee =$4,947.6O =$1,016.40 These fees are based on up to 44 students. Additional fees shall be paid if number of stud -led. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. A full fire alarm system is to be installed, with horns, smoke detectors, and pull stations to be included. Plans must be submitted to and approved by the fire department before the system is installed. Resolution No. P- 99- 24 Page 5 The two new exterior gates shall have panic hardware on them. If the proposed interior wall is to be built, plans shall be submitted and approved before the wall is built. If the fire sprinkler system coverage is altered due to ' or d plans shall submitted to and approved by the fire department before any modifical' :le to correct the coverage. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 30th day of March, 1999. ATTEST: ~-~ Lon Anne Peoples, City Cterk 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 30 t h day of H a r c h 1999, and that it was so adopted by the following vote: AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: EMERY Lori Anne Peoples, City CleCk City of Poway