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Res P-99-63RESOLUTION NO. P- 99-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 99-10 ASSESSOR'S PARCEL NUMBER 317~792-31 WHEREAS, Conditional Use Permit 99-10, submitted by the City of Poway, requests approval for the design and :a minipark located on a 0.72 acre site located between Pomerado Road and Old Pomerado Road at il Ih Stowe Drive in the Rural ResidentiaI-C (RR-C) zone; and WHEREAS, on August 17, 1999, the City Council held a duly advertised public hearing to obtain testimony both pro and con on the above described item. WHEREAS, pursuant to G : 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 I: that complies with Section 66020. NOW, THEREFORE, the City Council does hereby follows: The City Council finds that this project will not have a significant adverse impact on th l and hereby issues a Negative Declaration. The proposed project' I with the General Plan in that parks are permitted in residential zones with the approval of a conditional use permit. That the I' design, and operating ch :the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, or natural in that the design and the type of facilities have been modified that will ' ' y potential impacts on the surrounding land uses. That the scale, bulk, coverage and density ' : with adjacent uses, in that the proposed park is only three quarters of one acre in size and has been designed primarily to -late the recreational uses of the surrounding neighborhoods. Resolution No. P-99-63 Page 2 That there are available public facilities, services and utilities to serve the proposed use as publ" :1 street 31e to the site. That there will not be a harmful effect upon desirable neighborhood ch that the proposed park was designed with direct input from the surrounding property :1 will assist in meeting the recreational needs of the local community. That the G ~ traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that miniparks are walk to facilities and do not contain parking lots. Thus, th 3icle traffic other than for 10. That the site is suitable for the type and intensity of use and development proposed in that the site will occupy only slightly more than one-half of the parcel acre site providing a buffer from the creeks and the residential development to the north. That there will not be significant harmful effect upon the quality and natural in that the site has been used as a passive park and :land habitat will be avoided. That th :h mitigated. impacts of the proposed use that cannot be That the impacts, as described above and the location of the proposed park will not adversely affect the City of Poway General Plan for ful I as present development, in that the General Plan designates park the conditional uses permitted in the Rural ResidentiaI-C zone. The City Council hereby approves Conditional Use Permit 99-10 subject to the following conditions: 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. -- 2. The hours of operation of the minipark shall be daily f to sunset. Resolution No. P- 99-63 Page 3 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES. 'MENT Site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. Revised site plans and building elevar )orating all conditions of approval shall be submitted to the Development Services Department prior to ' building permits. Approval of this request shall not Ord' d all other applicable City Ord permit issuance. 31lance with all sections of the Zoning ~'ect at the time of building 4. Prior to any use of the project site or b ~y being d thereof, all conditions of approval contained herein shall be completed to th : the Director of Development Services. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, City of Poway landscape Guidelines, and all other applicable codes and ord fect at the time of building permit issuance. 6. Any secudty light fixtures shall Iow p 'lium vapor light soume. rEMEN All landscaped areas shall be :1 in a healthy and thriving condition, free from weeds, trash, and debris. The trees shall b ;led and allowed to retain a natural form. Pruning should b :1 1 the health of the trees and to protect the public safety. Unnatural pruning, including topping, is not permitted. SIGNS Any signs proposed for this development shall be designed and approved in Ih the Sign Ordinance. -- Resolution No. P- 99-63 Page 4 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 17th day of August 1999. ATTEST: nne Peoples, iy e Michael P. Ca,~ayor 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. P-99-63 , was duly adopted by the City Council at a meeting of said City Council held on the 17th day of August, 1999, and that it was so adopted by the following vote: AYES: ENERY, GOLDBY, NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON REXFORD, CAFAGNA ~'d Anne Peoples, City Cle[k City of Poway