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Item 1 - CUP 04-06 Oak Knoll Montessori AGENDA REPORT SUMMARY INITIATED BY: Honorable Mayor and Members of the City Council James L. Bowersox, City Manat Niall Fritz, Director of Development servicesr TO: FROM: DATE: March 15, 2005 SUBJECT: Conditional Use Permit 04-06, Oak Knoll Montessori, Applicant APN 314-360-27 ABSTRACT The applicant is requesting approval to convert a single-family residence to a Montessori school for 68 children. The existing 3,379-square-foot building is located at 15010 Pomerado Road. The school will be open from 7:00 a.m. to 5:30 p.m., Monday through Friday. There will be minor improvements to the exterior of the building, as well as interior improvements, and the site will be improved to include 13 parkina spaces for the proposed use. ENVIRONMENTAL REVIEW An Environmental Initial Study was completed on the project and it was determined that the establishment of the proposed uses of the property will not have a significant adverse impact on the environment since potential impacts are less than a level of significance by the recommended conditions of approval. It is recommended that a Mitigated Negative Declaration be approved. FISCAL IMPACT None. PUBLIC NOTIFICATION AND CORRESPONDENCE A public notice was published in the Poway News Chieftain and sent to 74 property owners within 500 feet of the site. RECOMMENDATION It is recommended that the City Council approve Conditional Use Permit 04-06, subject to the conditions in the attached DroDosed Resolution. ACTION :\II:\ptannlng\05report\cup\CUP04.06_0ak Knoll Montesson\sum.doc 1 of 43 March 15, 2005 Item #-L- CITY OF POWAY AGENDA REPORT INITIATED BY: Honorable Mayor and Members of the City Council James L. Bowersox, City Mana~ J ~ Niall Fritz, Director of Development Services /' Patti Brindle, City Planner aft' ~.Nv Lisa Mercurio, Assistant P~nner~ TO: FROM: DATE: March 15, 2005 SUBJECT: Conditional Use Permit 04-06, Oak Knoll Montessori, Applicant: A request to establish a Montessori school for 68 children in an existing 3,379-square-foot building located at 15010 Pomerado Road, in the Rural Residential C zone. APN: 314-360-27. BACKGROUND The applicant is requesting approval to establish a Montessori school (Oak Knoll Montessori) for 68 children, ages 2'1. to 6 years, in an existing 3,379-square-foot single- family residence located at 15010 Pomerado Road (Attachments D and F). The school will be open from 7:00 a.m. to 5:30 p.m., Monday through Friday. There will be minor improvements to the exterior of the building, as well as interior improvements, and the site will be improved to include 13 parking spaces for the proposed use. The property is zoned Rural Residential C and, pursuant to the Poway Municipal Code, private school uses similar to the subject use are allowed on properties designated Residential with the approval of a Conditional Use Permit. FINDINGS Proiect Description Oak Knoll Montessori is currently located at 12334 Oak Knoll Road and is requesting approval to establish another school at 15010 Pomerado Road. Oak Knoll Montessori School offers private school education to students from 7:00 a.m. to 5:30 p.m., Monday through Friday. The applicant proposes to operate a private school for approximately 68 students, with 5 staff members. The existing single-family residence on the subject site had once been used as a furniture repair shop. The use was established prior to City incorporation and was legal nonconforming under current zoning laws. The use is no longer conducted at the site. The existing auxiliary buildings, which were also used for that business, had been used 2 of 43 March 15, 2005 Item # ----\- Agenda Report March 15, 2005 Page 2 to store hazardous materials such as paint stripping compounds and wood finishing products. The three sheds and two storage containers will be removed prior to construction of the parking area or remodeling of the building. The property is listed on the County of San Diego Hazardous Materials database, which states that hazardous materials were stored on-site, but the site is not on the list for sites that have had hazardous materials breaches or leaks. Environmental Business Solutions completed a Phase 1 Environmental Site Assessment on July 3, 2003, and they recommended that soil vapor samples should be collected from areas of interpreted solvent usage/storage at the site and analyzed for volatile organic compounds. This will further verify that the area is safe to occupy. The soils sampling is required prior to issuance of a grading permit and any remedial work will be required prior to occupancy. Only minor improvements are proposed to convert the building into a private school, which include the conversion of portions of the house to classrooms and restrooms. (Attachment F). The exterior of the building will only receive minor improvements; the most noticeable will be the closing in of the garage door with a solid wall (Attachment G). The project also involves the expansion of the driveway to meet current commercial standards (Attachment D). Parkinq The Poway Municipal Code provides parking standards for Day Nurseries or Day Care Schools. This use is required to provide 1 space per staff member and 1 space for 5 children or 1 space for 10 children if adequate drop-off facilities are provided. Based on the Traffic Study completed by Katz, Okitsu & Associates, the design of the project does provide adequate drop-off facilities for the proposed use. The City Traffic Engineer concurred with the information and site design proposed by the Traffic Study. The applicant is proposing to have 5 staff members and 68 children; which means they will need at least 12 parking spaces, and 13 spaces have been provided (Attachment D). Traffic The Traffic Study determined that the proposed queuing was adequate to meet City requirements. Also, the Traffic Study determined that only right turns in and out only onto Pomerado Road should be allowed to meet the best Level of Service possible, and to increase safety for drivers. The driveway exit will be posted with signage and be striped to only allow right turns out. A stop sign will also be posted at the driveway exit. To provide safe ingress and egress into the site the driveway will be widened to 24 feet, which necessitates the installation of a retaining wall on the north side of the driveway. The retaining wall will be a maximum of 5 feet in height, with it tapering down to 1-Y:z feet near the front property line. The installation of the parking lot and retaining wall will require a small amount of grading be done on the property. A small portion of the existing retaining wall along Pomerado Road will be removed to meet the sight distance 3 of 43 March 15, 2005 Item # ---L "-~ ..----,-----._----------~.._._-----~-'--_._._".~-------- --,-_..__._-'-~-_._"_.- . --~- " Agenda Report March 15, 2005 Page 3 requirements specified by the Traffic Study. The removal of the portion of retaining wall will assist in improving the safety of the access way. The project also includes the installation of 5 parking lot lights at 15 feet in height and they will be located adjacent to the parking areas and drive aisles. The applicant is also proposing to add down lighting on the building, especially over the doors, and 3 bollards that will provide lighting for the walkway from the parking area to the playground area. The project will be conditioned that all new exterior lighting fixtures shall be low-pressure sodium, and designed such that they reflect light downward, and away from streets and adjoining properties pursuant to Poway Municipal Code. The building lights will be installed with motion detectors, and the parking lot lights can be installed with timers so that they are turned off when not in use. Noise The Noise Study, conducted by ABC Acoustics, found that the exterior noise levels were acceptable in the useable areas of the project (Le., the playground). The installation of mechanical ventilation and/or an air conditioning system, and double glazed windows throughout, will provide the necessary protection of the children inside of the building. Neiqhborhood Compatibilitv and Meetina The Poway Municipal Code, Section 17.08.120.E, allows the establishment of private schools in any residential zone with the approval of a Conditional Use Permit. The applicant was required to complete several studies to determine if the site was suitable for the proposed Montessori school. These studies, as mentioned above, found that, with a few modifications to the plan the site would work for the proposed use. A condition of approval will require a 6-foot-high wood fence to be installed along the north and west property lines, starting from the playground area to the northern limits of the parking lot. The surrounding properties are developed with single-family residences. The subject site is developed at an elevation of approximately 594 feet. The closest residence to the north is approximately 110 feet away from the building, and is at an elevation of approximately 605 feet (Attachment E). The property to the west is located approximately 125 feet away, and is at an elevation of approximately 630 feet. Other surrounding residences are over 170 feet away from the existing single-family residence. A Neighborhood Meeting was conducted on February 9, 2005, and notice was provided to 74 property owners within 500 feet of the site. No neighbors or members of the public attended the meeting. No telephone calls have been received regarding the proposal as of the preparation date of this report. 4of43 March 15, 2005 Item # --L- .----..---- ~.._--_. Agenda Report March 1S, 2005 Page 4 ENVIRONMENTAL REVIEW An Environmental Initial Study was completed on the project and it was determined that the establishment of the proposed uses of the property will not have a significant adverse impact on the environment since potential impacts are less than a level of significance by the recommended conditions of approval. It is recommended that a Mitigated Negative Declaration be approved (Attachment C). FISCAL IMPACT None. PUBLIC NOTIFICATION AND CORRESPONDENCE A public notice was published in the Poway News Chieftain and sent to 74 property owners within SOO feet of the site. RECOMMENDATION It is recommended that the City Council approve Conditional Use Permit 04-06, subject to the conditions in the attached proposed Resolution. Attachments: A. Proposed Resolution B. Land Use and Location Map C. Proposed Mitigated Negative Declaration and Environmental Initial Study D. Site Plan E. Site Plan with Elevations F. Floor Plan G. Elevations M:\planning\05report\cup\CUP04-06_0ak Knoll Montessori\agenda.doc 5 of 43 March 15, 2005 Item # I RESOLUTION NO. P- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 04-06 ASSESSOR'S PARCEL NUMBER 314-360-27 WHEREAS, Conditional Use Permit (CUP) 04-06 was submitted by Oak Knoll Montessori, Applicant, to establish a Montessori school within a 3,379-square-foot existing residential building located at 15010 Pomerado Road, in the Rural Residential C zone, and; WHEREAS, on March 1S, 200S, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: An Environmental Initial Study was completed on the project and it was determined that the establishment of the proposed use of the property will not have a significant adverse impact on the environment since potential impacts are less than a level of significance by the recommended conditions of approval. It is recommended that a Mitigated Negative Declaration be approved. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code, for CUP 04-06 to establish a private school within a 3,379-square-foot existing residential building located at 1S01 0 Pomerado Road, in the Rural Residential C zone, are made as follows: A. The proposed location, size, design, and operating characteristics of the private school is in accord with the title and purpose of Chapter 17.48 of the Poway Municipal Code (Conditional Use Permit Regulations), the City General Plan, and the development policies and standards of the City in that the site is designated for residential use and a private school use is allowed with the approval of a Conditional Use Permit. B. The location, size, design, and operating characteristics of the private school will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures in that the use will be located within an existing residential building. The location on a major thoroughfare will not cause an impact to local residential streets and therefore will not increase the intensity of use in the surrounding residential area. C. There are adequate public facilities, services, and utilities available at the subject site to serve the private school. 6 of 43 ATTACHMENT A March 15, 2005 Item # ~ Resolution No. P- Page 2 D. There will not be a harmful effect upon the desirable surrounding property characteristics in that the private school building is in character with existing development in the area and will not affect the views of adjacent property owners. The project will provide decorative landscaping along streets and throughout the property. This property is lower than properties to the north and west, and is separated by a 20-foot road easement from the rear yard of the residence to the south, so the proposed use will be compatible with and not adversely effect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources. E. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that the level of service of the streets in the area is at an acceptable level, and the increase in traffic from the private school will be insignificant given the existing traffic volumes and flows in the area. Driveway improvements and exiting restrictions will reduce the potential for sight distance visibility conflicts. There will be adequate parking facilities to serve the proposed private school and an adequate queuing area for dropping off children. F. The site is suitable for the type and intensity of use or development that is proposed, in that the private school will be located away from the street and adjacent residences, and maintains a profile similar to the neighboring residential development. Therefore, the harmony in scale, bulk, coverage and density of the project is consistent with adjacent uses. There will be no harmful effect upon desirable neighborhood characteristics. G. There will not be significant harmful effects upon environmental quality and natural resources in that the private school will be located within an existing residential building, and will not impact natural habitat resources. H. That the potential impacts, and the proposed location, size, design and operating characteristics of the private school will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan in that the use will operate within an existing residential building and the operating characteristics of the private school are appropriate to the purpose of the zone in which the site is located with the approval of a Conditional Use Permit. Section 3: Pursuant to Government Code Section 66020, the public improvements for Conditional Use Permit 04-06 are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan as well as City Ordinances, because all necessary services and facilities are available or will be constructed to serve this project. The following improvements and payment of fees are necessary as a 7 of 43 March 15, 2005 Item # -L Resolution No. P- Page 3 result of the proposed development to protect the public health, safety and welfare: 1. On-site and off-site drainage improvements are in place or will be constructed to handle the surface water runoff. 2. Fire hydrants are in place and will be constructed to serve the development and provide fire protection. 3. Streetlights are in place to serve the development and provide lighting of the sidewalk. 4. Water and sewer fees will be paid, which are assessed on a pro-rata basis to finance and provide public infrastructure improvements. Improvements will be made to provide adequate water and sewer service to the expanded development. 5. Traffic mitigation fees, assessed on a pro-rata basis to finance and provide public infrastructure improvements, will be paid to promote a safe and healthy environment for the residents of the City. Section 4: The City Council hereby approves CUP 04-06 to establish a private school within a 3,379-square-foot existing residential building located at 15010 Pomerado Road, in the Rural Residential C zone, as shown on the plans dated January 19, 2005, subject to the following conditions: A. 8 of 43 Approval of this CUP shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owners shall execute a Covenant Regarding Real Property. C. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. D. The conditions of CUP 04-06 shall remain in effect for the life of the subject private school, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. CUP 04-06 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address concerns that may have been raised during the prior year. March 15,2005 Item # Resolution No. P- Page 4 F. Prior to Grading Permit issuance, unless other timing is indicated, the applicant/developer shall complete the following: (Engineering) 1. Submittal to the City for review and approval of precise grading plans, erosion control plan, Grading Permit application, and geotechnical report(s) to the Development Services Department. 9 of 43 a. Grading of the project shall be in substantial conformance with the approved development plan and in accordance with the Uniform Building Code, City Grading Ordinance, City Storm Water Management and Discharge Control Ordinance, and Standard Urban Storm Water Mitigation Plan. b. Paving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. c. The driveway shall be improved to a minimum 24.00-foot width. It shall be designed to comply with City Standards and Specifications, more particularly on pavement structural section and minimum curve radii. A clear view sight distance, satisfactory to the City Engineer, for exiting vehicular traffic to Pomerado Road shall be preserved. Such preservation of clear sight distance entails, but is not limited to, relocation of existing improvements and/or removal of obstruction within a clear view area as determined by the applicants project engineer, but submitted to review and approval by the City. A clear space easement for sight distance preservation shall be dedicated to the City. d. A drainage system capable of handling and disposing of all surface water originating within the development and all surface water that may flow onto the development from adjacent lands shall be constructed. e. Drainage catch basins, inlets, grate basins or similar structures shall be designed to be equipped with structural Best Management Practices (BMP's) for interception of pollutants and/or sediments before leaving the project site. BMP's are subject to review and approval by the City. f. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained from October 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 applicant! March 15, 2005 Item # ---I-- Resolution No. P- Page 5 developer shall make provisions to insure proper maintenance of all erosion control devices. 2. A Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department for any work to be done in public street rights-of-way or City-held easements. 3. The applicant/developer shall pay the following: Grading Permit fee = $100.00 per permit Grading plan check = To be determined based on the following guideline: If the cost of improvements is: $1 to $25,000 = fee is 5% ($500 min.) $25,001 to $50,000 = add'l fee of 4% of cost $50,001 to $100,000 = add'l fee of 3% of cost $100,001 to $500,000 = add'l fee of 2% of cost over $500,000 = Time and materials (T&M)* *If project qualifies for T&M, applicant/developer shall post a deposit, the amount of which shall be determined by the City. This deposit shall be the source for the City to draw out amounts to pay for plan checking review and inspection fees. Grading Inspection = To be determined, same basis as in grading plan check fee calculation (See above plan check fee guidelines). Geotechnical Reviews = $1,300 Plan check and inspection fees are to be calculated based on City approved cost estimates, using City's adopted unit costs, prepared by the applicant's project Civil Engineer. 4. Posting of grading securities (either by Bond and Cash, Letter of Credit, or Certificate of Deposit). 5. City approval of soils report and grading plans. 6. Submittal of a request for and hold a pre-construction meeting with a City Engineering Inspector. The applicant/developer shall be responsible that necessary individuals, such as, but not limited to, contractors, 10 of 43 March 15, 2005 Item # \ Resolution No. P- Page 6 subcontractors. project civil engineer, and project soils engineer must attend the pre-construction meeting. (Public Works) 7. Improvement plans shall be reviewed and approved by Public Works for the new fire hydrant installation. (Planning) 8. Prior to conducting any grading of the site, an archeological reconnaissance of the site by a qualified professional shall be completed, and a report on the testing and findings submitted to the City. Should testing discover archeological resources, appropriate measures shall be followed to document, relocate, and/or preserve the resources. 9. To assess the possible presence of halogenated solvents beneath the site and the potential human health risk to future occupants of the site building as a result of possible releases, soil vapor samples shall be collected from areas of interpreted solvent usage/storage at the site and analyzed for volatile organic compounds (EPA method 8260B). Any remedial work as a result of this testing shall be completed prior to occupancy. 10. A 6-foot-high wood fence shall be installed along the north and west property lines, starting from the playground area to the northern limits of the parking lot, to the satisfaction of the Development Services Director. G. The applicant shall obtain a Building Permit prior to construction of the remodeling of the existing building. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of Electrical/Building Permit issuance. 2. The site shall be developed in accordance with the approved plan on file in the Development Services Department (dated January 19, 2005) and the conditions contained herein. Improvement plans incorporating all conditions of approval shall be submitted to the Building Division for review and approval. During this review process, the improvement plans shall be routed to the Fire Marshal for review and approval. A final inspection from the appropriate City Departments will be required. (Engineering) 3. Completion of and approval by the City of rough grading of the project site. 11 of 43 March 15,2005 Item # Resolution No. P- Page 7 4. City approval of soils compaction report. 5. City approval of a certification of line and grade. A State registered Civil Engineer or Licensed Land Surveyor shall prepare the Certification. 6. Payment of development fees to the City, unless other payee is indicated. The fees and the corresponding amounts are as follows and are subject to change without further notice. The amounts to be paid shall be those in effect at time of payment. Water base capacity fee (Applicable only if a new water meter is to be set) For 0/." meter For 1" meter For 1 y." meter Other meter sizes = $ 3,710 per meter = $ 6,678 per meter = $10,388 per meter = Contact Engineering Division Water meter fee (Applicable only if a new water meter is to be set) For 0/." meter For 1" meter For 1 y:," meter Other meter sizes = $130 per meter = $270 per meter = $600 per meter = Contact Engineering Division SDCWA capacity charge (Applicable only if a new water meter is to be set) - To be paid by separate check, payable to San Diego County Water Authority but remitted through the City of Poway. For 0/." meter For 1" meter For 1 %" meter Other meter sizes Sewer connection fee = $2,461 per meter = $3,206 per meter = $6,012 per meter = Contact Engineering Division = $5,418.80 (based on a net increase in sewer EDU of 2.3) Sewer EDU generated by 68 students = 3.3 (68 x 12) / 250 = 3.26 rounded up to 3.3 (3.3 -1 EDU credit for existing residence) x $2,356 = $5,418.80 where: 12 = No. of gallons per student 250 = No. of gallons per EDU Sewer cleanout fee = $50.00 per cleanout (if needed) Sewer cleanout inspection fee = $25.00 per cleanout 12 of 43 March 15, 2005 Item # \ Resolution No. P- Page 8 Drainage fee = None Traffic mitigation fee = $132 68 students = 68 trips generated (68 trips x $16.50) - $990 = $132 where: $16.50 = Unit Cost Per Trip $990 = Credit for existing residence Park fee = None (Planning) 7. To comply with the 45 decibel CNEL interior noise standard, the project must comply with the following: a. Include (forced air) mechanical ventilation and/or air conditioning systems in all habitable areas. b. All exterior windows in the project will need to be replaced with high-quality double-glazed windows, with a STC rating of 30 or higher. c. All existing doors need to be replaced with solid-core wooden doors (or equivalent) with weather stripping having a STC rating of 28 or higher. Future doors would have to have a STC rating of 30 or higher. d. The existing garage door within the project will need to be replaced with studded walls. All exterior walls will need to include 2" x 4" studs and a minimum of three layers of 5/8"-thick Type "X" gypsum board, plywood, or an equivalent plus R-13 insulation in all stud cavities to provide for an STC rating of 45 or higher. 8. Details of any new exterior lighting shall be included on the building plans, including fixture type and design. All new exterior lighting fixtures shall be . low-pressure sodium, and designed such that they reflect light downward, and away from streets and adjoining properties pursuant to Poway Municipal Code Section 17.08.220.L. Parking lot lights shall be on automatic timers to the satisfaction of the Director of Development Services. 9. The building plans shall include elevations and cross sections that show all roof appurtenances, including air conditioning, architecturally integrated, screened from view, and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 13 of 43 March 15, 2005 Item # ----l-- ------,-_._-~- .--- -~._--~-,._-~--_._~---,--_._--, ..._-"-- Resolution No. P- Page 9 10. Complete landscape construction documents for new landscaping based on preliminary landscape plans submitted December 8, 2004, shall be submitted to and approved by the Planning Division. A landscape plan check fee deposit of $525 is required upon submittal of the plans. Plans shall be prepared in accordance with the City of Poway Guide to Landscape Requirements (latest edition) and shall also incorporate the following: a. All trees along this perimeter must be a minimum 15-gallon size. The trees shall include suggested Pomerado Road street trees. Shrubs shall also be included in the sloped area on Pomerado Road and shall be 5-gallon size. b. Trees shall be planted at the rate of one tree per 750 square feet of slope area and shrubs shall be planted at the rate of one shrub per 100 square feet. c. All slope plantings shall be installed, and automatic irrigation system shall be installed and operational at time of final inspection. H. Prior to occupancy, the applicant shall comply with the following fire safety requirements to the satisfaction of the Fire Marshal: 1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504, and City of Poway Ordinance No. 64. 2. An automatic fire alarm system, to include smoke detectors, shall be installed to approved standards by a properly licensed contractor. System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 3. 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. 4. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. 5. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 6. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 14 of 43 March 15, 2005 Item # \ Resolution No. P- Page 10 7. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet and 75' travel distance. 8. Address numbers are to be at the beginning of the driveway as well as on the building. The numbers shall be at least six inches in height and easily seen. 10. Additional Fire Department turnaround requirements will not be imposed if the driveway and parking lot areas are constructed as shown on the site plan. I. Prior to City of Poway approval for occupancy and release of securities, unless other timing is indicated, the following conditions shall be satisfied: (Engineering) 1. Dedication to the City of Poway, of a Clear Space Easement for sight distance preservation. 2. City approval of record drawings of the grading plans. 3. Submittal of an agreement for maintenance, repair and replacement of storm water Best Management Practices (BMPs) as required per City of Poway Ordinance N. 569. The agreement shall be subject to City review and approval prior to its recordation in the office of the San Diego County Recorder. Recording fees shall be paid by the applicanUowner. 4. Grading securities shall be released only upon completion of the project and upon City approval of the record drawings of the grading plans. (Traffic Engineering) 5. To meet traffic and safety requirements, only right turn egress to the satisfaction of the City Traffic Engineer will be allowed. Only right turn out will be acceptable. A sign shall be posted that states right turns out only are allowed, and/or the driveway exit shall be stripped to show that right turns out only are allowed. 6. Any sight obstruction must be removed so that the necessary Stopping Sight Distance of 430 feet is met to the satisfaction of the City Traffic Engineer. This will require a portion of the retaining wall along Pomerado Road to be removed. 7. A stop sign shall be placed at the driveway exit. J. Upon establishment of the private school, pursuant to CUP 04-06, the following shall apply: 15 of 43 March 15, 2005 Item # \ ._--"._------~--"--~._~_._-,----_.~ 16 of 43 Resolution No. P- Page 11 (Planning) 1. Any signs proposed for the use shall be designed and approved in conformance with the Poway Municipal Code Sign Ordinance. 2. All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 3. Parking lot lighting shall comply with the following: a. Parking lot lights shall be on automatic timers. b. All parking lot lights on the school property, except for security lighting, shall be turned off when no activities occur on the site. Lights shall be turned off no later than half an hour after the conclusion of an evening activity. c. Security lighting is permitted to remain on provided it has proper shielding and does not create glare on adjacent properties. d. All lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining premises. 4. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise, and shall comply with the noise standards contained in Chapter 8.08 of the Poway Municipal Code. At no time shall equipment noise from any source exceed the noise standards contained in the Poway Municipal Code. No loudspeaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance, including telephone, electric bell, or chime system. 5. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 6. All landscaping on-site and within the adjacent public right-of-way shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Guide to Landscape Requirements. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition March 15,2005 Item #--L ---~---.-----~--_.._------_._. Resolution No. P- Page 12 (ANSI A300). Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface. 7. The parking areas, driveways and landscape areas shall be well maintained. Section 5: The approval of CUP 04-06 shall expire on March 15, 2007, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued, and construction on the property in reliance on the CUP approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 15th day of March 2005. Michael P. Cafagna, Mayor ATTEST: L. Diane Shea, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- , was duly adopted by the City Council at a meeting of said City Council held on the 15th day of March 2005, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: M:\planning\05report\cup\04-06_ Oak Knoll Montessori\reso.doc L. Diane Shea, City Clerk City of Poway 17 of 43 March 15, 2005 Item # \ .- -------_.~--_.. ---r---~---.,-------_.~'--"._---"_.-_..- L~A MONTE CAnl 01 ::':;J r~.t. '. IVlCaLL.JU!jl~IA:::; ! :__ j i . .C\ -~ t~ ~u ll~I1Jr~~ - 1 -] T r' ,-. -.- i i- - J 1 !/h' rrrrIdJfi!-~ , 1 ILl 1 -g [~.lI' J;~~' '" _1 -~I LJ [!_JT ~-I g ,~ftf11Bf]m1~~-- -L 1 I I 1 ~- . J I' ~11'_L/5:r~ II Il H' ffiTTll ~- I I 1 'I 1 0, r T' ,L,J., . -J]l,L,l -1 j 1-1.- ,.~I LC 0..1 r=) L/_~ If,' ~J (THf' ERTO WY 1 HI~L 110Ft .. ,- - I t~-f Ft-J [~t:.i ,t==J-:1 n--~ 11 ~-i I 1 J' f = = - - - - - Og f=, - - --- - 'l{~-- - - - \L +- ;- k- ,! -- : -~! I[B~ I-~Ir= -= -- il='1: ~ \ '. 1 I' :JlZi 1- 1-- - -,-1 ~Ll:IBjjRL D =- J ~---: -- i - T - L )=.L~ ~==:, C,_:, =JJ~'-L -Tl- 'I=j . -, I: r: '- , -L ! _ / /.<, 1:1::' 1::/:3 t- --:t ~_:.[ \ ~ _ ') ,. 1- ~ I, - -J 10 L '--f$" J !. - 7:-'1I.J:jt ,;--', -- '(1- " 'IZ ,-, " ,-;;;,: .. -I-" r!- 1 ~~';J- --- I ! 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I ,\i/ .'-.J......; _// ='_1 !__]I.,/. ,\ \ ~"\ ' r D-') 1 '-. ~,,-' " -- J I:<::\-- ,~j p~ \ 0 ''\ 'I ^ ' / --i ~r I Q IOZYj'CREY'T rN ] t 'i",'\, \?)~\~<~, ''-j !~:.) 1>7\. '\ 'f:J J J,T-l-~-. 1 P I- I v \ ~ \ . / $71;;':/ I, -; \ I -U-Q.kf;, 'F rfu[~~~EkT11 r' J ! . ~_ / \~~:~l/y:~ j,~':~(!~) ~ ; ;,J~ZTl) /?r/.j;~ j'ftl~tJ.~ 1 I,C'~' ~,\ 0:' '/ .~~/&l 'i:c;tJ't',' ,,-f 11fM' f/ ti' ,___ __' ,,,' '"'I ..)1 i '6>, \/"/ /~~, /0 .dr/ .jS:{! I.:~^:l' ':1:'';:./ . J -- ~-- '1 I iN ,1 r', /' \ \. <, v.' ,:l'Ii"Y{:/P" f.- : r - 'I I f"'1-1 qQ!I'1 " / f !/hJ-j I ! I: ,/ ',' 'v, '., ~;-,;:/~ ;' i"fi~~ ! (ST ; : 1 [ I ' Iluj b: ,L ,Jrr::9- ~ J J - 'IJ ' . -t;~.fQ( >.!. I \j " T - -:--, .G- -"- 0LI-r,(~-l, I 1 i // \ i> <, }/><~iS"t\- '::(1/] : H ~) J rt:; ITEM: CUP 04-06 \ \\ , \\ RITZ". CITY OF POWAY SCALE: N.T.S. S TITLE: ZONING AND LOCA TlON MAP 18 of 43 ATTACHMENT B March 15, 2005 Item # 1 MICKEY CAFAGNA, Mayoc BOB EMERY, Deputy Mayor MERRILEE BOYACK, Councilmember DON HIGGINSON, Councilmemher BErry REXFORD, Councilmember CITY OF Po WAY CITY OF POWAY MITIGATED NEGATIVE DECLARATION 1. Name and Address of Applicant: Oak Knoll Montessori 1 i334 Oak Knoll Road Powav. CA 92064 2. Proiect Name and Brief Description of Proiect: Environmental Assessment and Conditional Use Permit 04-06: A reouest to allow for the establishment of a Montessori school for 68 children on an existino residential property. The property is located on the west side of Pomerado Road. north of Poway Road. in the Rural Residential C (RR-C) zone. 3. In accordance with Resolution 83-084 of the City of Poway, implementing the California Environmental Quality Act of 1970, the City of Poway City Council has found that the above project will not have a significant effect upon the environment and has approved a Mitigated Negative Declaration. An Environmental Impact Report will not be required. 4. This Mitigated Negative Declaration is comprised of this form along with the Environmental Initial Study that includes the Initial Study and Checklist and the approved Mitigation Monitoring Program containing the mitigation measures approved for this project. 5. The decision of the City Council of the City of Poway is final. Contact Person: Lisa Mercurio Phone: (858) 668-4662 Approved by: Date: March15. 2005 Niall Fritz, Director of Development Services Attachment: Environmental Initial Study M:lplannlngI05reportlcupICUP04-06_0ak Knoll MonIessorilmneg dec form.doc 19 of 43 City Hall Located at 13325 Civic Center Drive . ng Address: P.O. Box 789, Po" ~ . (858) ~cycled Paper ATTACHMENT C March 15, 2005 Item # I CITYOFPOWAY ENVIRONMENTAL INITIAL STUDY AND CHECKLIST A. INTRODUCTION This Environmental Initial Study and Checklist, along with information contained in the public record, comprise the environmental documentation for the proposed project as described below pursuant to the requirements of the California Environmental Quality Act (CEQA). Based upon the information contained herein and in the public record, the City of Poway has prepared a Mitigated Negative Declaration for the proposed project. B. PROJECT INFORMATION 1. Project Title: CUP 04-06. Establish a new Montessori school on an existino developed residential site. 2. Lead Agency Name and Address: City of Powav 13325 Civic Center Drive. Powav. CA 92064 3. Contact Person and Phone Number: Lisa Mercurio (858) 668-4662 4. Project Location: 15010 Pomerado Road. Powav: APN: 314-360-27 5. Project Sponsor's Name and Address: Candv Youna. 12334 Oak Knoll Road. Powav. CA 92064 6. General Plan Designation: Planned RR-C and Zoning: RR-C 7. Description of Project: (Describe the whole action involved, including, but not limited to, later phases of the project, and any secondary, support, or oft-site features necessary for its implementation. Attach additional sheets if necessary). A reauest to establish a Montessori school for 68 children in an existino 3.379-sauare-foot sinale familv residence located at 15010 Pomerado Road. The proiect site consists of 0.91 acres. which is currentlv developed with a residential structure that has previouslv been used for a furniture repair business. The existino buildina occupies most of the lot, while the southern portion of the lot will be redeveloped for a parkina lot. The property slopes from 580 feet near the east property line (alona Pomerado Road) to 616 feet at the northwest corner. The development of the site will involve a small amount of oradino in order to accommodate the new parkina area. The development will include installina site. utilitv. and landscape improvements on the entire propertv. includina. but not limited to. creatino approximatelv 10 new parkino spaces. for a total of 13 parkina spaces on the site. 20 of 43 1 March 15, 2005 Item # ---L- EIS and Checklist CUP04-06 Surrounding Land Uses and Setting: The proiect site is located alona Pomerado Road, a maior arterial. The site is surrounded bv existina development as follows: North: East: South: West: Sinqle-Familv Residential use. Sinqle-Familv Residential use. Sinale-Familv Residential use. Sinqle-Familv Residential use. 9. Other agencies whose approval is required (e.g.: permits, financing approval, or participation agreement): None 10. References (all references are available at the Poway City Offices, Department of Development Services, 13325 Civic Center Drive). 1. Poway Comprehensive Plan, Volume One - General Plan, May 1996 2. Poway Municipal Code 3. Noise Study prepared by ABC Acoustic, March 2004 4. Focused Traffic Evaluation prepared by Katz, Okitsu & Associates, November 2004 5. Phase I Environmental Site Assessment prepared by Environmental Business Solutions, July 2003. Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. o Land Use and Planning 1:8] Transportation/Circulation 0 Public Services o Population and Housing 0 Biological Resources 0 Utilities and Service o Geological Problems 0 Energy and Mineral Systems o Water Resources 0 Aesthetics o Air Quality ~ Hazards/Hazardous Materials 1:8] Cultural Resources o Agricultural Resources [gJ Noise 0 Recreation o Mandatory Findings of Significance Determination (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment and 0 a NEGATIVE DECLARATION will be prepared. r--- I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case. Revisions in the project have been made by, [gJ or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 21 of 43 2 March 15, 2005 Item # -L- EIS and Checklist CUP04-06 I find that the proposed project MAY have a significant effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required. _ I find that the proposed MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately 0 analyzed in an earlier document pursuant to applicable legal standards; and 2) has been addressed by mitigation measures based on the earlier analysis as described on the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION Pursuant to applicable standards; and (b) have been avoided 0 or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. r-- ~~~ Lisa Mercurio, City of poway 2/ Zs)05 I Date 22 of 43 3 March 15, 2005 Item # --L EIS and Checklist CUP04-06 C. Checklist ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION I. AESTHETICS. Would the project: a. Affect a scenic vista or scenic X hiQhw<!y? b. Have a demonstrable negative X aesthetic effect? c. Create light or glare? X II. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a. Convert prime farmland. unique X farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-aQricultural use? b. Conflict with existing zoning for X agricultural use, or a Williamson Act contract? c. Involve other changes in the X existing environment which, due to their location or nature, could result in conversion of farmland to non-aQricultural use. III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pOllution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct X implementation of the applicable air auality plan? 23 of 43 4 March 15, 2005 Item # EIS and Checklist CUP04-06 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION b. Violate any air quality standard X or contribute sUbstantially to an existing or projected air quality violation? c. Expose sensitive receptors to X substantial pollutant concentrations? d. Create objectionable odors X affecting a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a. Have a substantial adverse X effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse X effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations. or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect X on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to. marsh. vernal pool, coastal. etc.) through direct removal, filing, hydrological interruption, or other means? d. Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors. or impede the use of native wildlife nursery sites? 24 of 43 5 March 15, 2005 Item # EIS and Checklist CUP04-06 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION e. Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an X adopted Habitat conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? V. CULTURAL RESOURCES. Would the Proiect: a. Cause a substantial adverse X change in the significance of a historical resource as defined in Section 15064.5 b. Directly or indirectly destroy a X unique paleontological resource or site or unique geoiogic feature? c. Disturb any human remains, X including those interred outside of formal cemeteries? VI. GEOLOGY AND SOilS. Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involvin~: i) Rupture of a known earthquake X fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Stron~ seismic ~round shakin~? X iii) Seismic-related ground failure, X includinQ liquefaction? iv) landslides? X b. Result in substantial soil erosion X or the 1055 of topsoil? 25 of 43 6 March 15, 2005 Item # EIS and Checklist CUP04-06 ISSUE POTENTIAllY POTENTlAlL., Y lESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION c. Be located on a geologic unit or X soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risk to life or propertv? e. Have soils incapable of X adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? VII. HAZARDS AND HAZARDOUS MATERIALS. Would the proiec!: a. Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the X pUblic or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or X handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d. Be located on a site which is X included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 26 of 43 7 March 15, 2005 Item # EIS and Checklist CUP04-06 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION e. For a project located within an X airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport. would the project result in a safety hazard for people residing or working within the oroiect area? f. For a project in the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of. or X physically interfere with, an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a X significant risk of loss, injury or death involving wildland fires including where wildlands are adjacent to urbanized areas or where residences are Intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY. Would the project: a. Result in an increase in pollutant X discharge to receiving waters? Consider water quality parameters such as temperature. dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-' demanding substances, and trash). b. Result in significant alteration of X receiving water quality during or followinq construction? c. Result in increased impervious X surfaces and associated increased runoff? 27 of 43 8 March 15, 2005 Item # -L- EIS and Checklist CUP04-06 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION d. Create a significant adverse X environmental impact to drainage patterns due to changes in runoff flow rates or volumes? e. Substantially deplete X groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table lever (e.g. the production rate of pre- existing nearby wells would drop to a level, which would not support existing land uses or planned uses for which permits have been granted. f. Result in increased erosion X downstream? g. Project tributary to an already X impaired water body as listed on the Clean Water Act Section 303( d) list? If so. can it result in an increase in any pollutant for which the water body is already impaired? h. Is the project tributary to other X environmentally sensitive areas? Is so, can it exacerbate already sensitive conditions? i. Have a potentially significant X environmental impact on surface water quality, to either marine, fresh, or wetland waters? j. Have a potentially significant X adverse impact on ground water quality? k. Cause or contribute to an X exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? I. Impact aquatic, wetland, or X riparian habitat? 28 of 43 9 March 15, 2005 Item # ~ EIS and Checklist CUP04-06 m. Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of pollute runoff? n. Place housing within a 100-year X flood hazard area as mapped on a Federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? o. Place within a 1 OO-year flood X hazard area structures which would impede or redirect flood flows? p. Exposing people or structures to X a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? q. Inundation by seiche, tsunami, or X mudflow? IX. LAND USE AND PLANNING. Would the proiec!: a. Physically divide an established X community? b. Conflict with applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable X habitat conservation plan or natural community conservation plan. X. MINERAL RESOURCES. Would the projec!: a. Result in the loss of availability of X a known mineral resource that would be of future value to the region and the residents of the State? b. Result in the loss of availability of X a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 29 of 43 10 March 15, 2005 Item # -L- ---..-----.- EIS and Checklist CUP04-06 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION XI. NOISE. Would the project result in: a. Exposure of persons to, or X generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other aqencies? b. Exposure of persons to, or X generation of excessive ground borne vibration or ground borne noise levels? c. A substantial permanent increase X in ambient noise levels in the project vicinity above levels existing without the proiect? d. A substantial temporary or X periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e. For a project located within an X airport land use plan or. where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of X a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING. Would the proiec!: a. Induce substantial growth in an X area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of X existing housing, necessitating the construction of replacement housinq elsewhere? 30 of 43 11 March 15, 2005 Item # -1- EIS and Checklist CUP04-06 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION IN CORPORA TION c. Displace substantial numbers of X people, necessitating the construction of replacement housinq elsewhere? XIII. PUBLIC SERVICES. a. Would the project result in X substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for a~ of the public services. i. Fire~rotection? X iL Police protection? X iii. Schools? X iv. Parks? X v. Other public facilities? X XIV. RECREATION a. Would the project increase the X use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include X recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC Would the proiec!: a. Cause an increase in traffic, which X is substantial in relation to the existing traffic load and capacity of the street system (I.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 31 of 43 12 March 15, 2005 Item # I EIS and Checklist CUP04-06 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION b. Exceed, either individually or X cumulativeiy, a level of service standard established by the county congestion management agency for desiQnated roads or hiQhways? c. Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards X due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses(e.g.,farmeauipment)? e. Result in inadequate emergency X access? f. Result in inadequate parking X capacity? g. Conflict with adopted policies, X plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS. Would the proiect: a. Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? b. Require or result in the X construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the X construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 32 of 43 13 March 15, 2005 Item # --1- EIS and Checklist CUP04-06 ISSUE POTENTIALLY POTENTIALLY LESS THAN NO SIGNIFICANT SIGNIFICANT SIGNIFICANT IMPACT IMPACT UNLESS IMPACT MITIGATION INCORPORATION e. Result in the determination by the X wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve project's projected demand in addition to the provider's existing commitments? f. Be served be a landfill with X sufficient permitted capacity to accommodate the project's solid waste disposal needs? g. Comply with federal, site and X local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential X to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels. Threaten to eliminate a plant or animal community. reduce the number or restrict the range of a rare or endangered plant or animal or eliminated important examples or the major periods of California historv or prehistory? b. Does the project have impacts that X are individually limited, but cumulatively considerable? ("Cumulative considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects. the effects of other current projects, and the effect of orobablv future oroiects)? c. Does the project have X environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectlv. 33 of 43 14 March 15, 2005 Item # -L- EIS and Checklist CUP04-06 D. DISCUSSION OF ENVIRONMENTAL EVALUATION Please refer to the Environmental Initial Study Checklist Form above when reading the following evaluation. I. AESTHETICS: Architecture - The architecture of the existing building includes a low-pitched roof and beige, wood paneled walls. As seen from Pomerado Road, the roofline presents a low, one-story structure, with a height of 10'2". The proposed exterior wall materials for the areas to be changed would consist of the same wood paneling as what exists on the rest of the building, and will be painted a light tan color. Staff will include a condition of approval in the proposed Resolution for the project that the new building materials and/or other architectural amenities match the appearance of the existing bUilding. Grading - The proposal would only involve a small amount of grading in order to accommodate the addition of 10 new parking spaces. This expansion will make the site have a total of 13 parking spaces on the entire project site. The parking lot would be located at the back of the property, a minimum of 5 feet from the property' lines. Along the north side of the driveway, a retaining wall will be installed to increase the access width to allow for safe egress and ingress. Along the east property line, a new 3-foot-high retaining wall will be added to help increase driver visibility coming out of the driveway. The retaining wall area between these would be planted with landscaping to soften the appearance of the walls. The proposed landscaping will soften the appearance of the parking areas from the residential use to the south and west, as well as the view from Pomerado Road. Lighting - The proposed project includes lighting within the new parking lot. An incremental increase in light and glare could result from development of the vacant site. The applicant is proposing to install low-pressure sodium lights within the parking lot. The proposed lighting to be installed in the parking lot near neighboring residences will require the installation of light shields to reduce the amount of light spillage onto the residential area. As such, the lighting impact to the surrounding neighborhood will be less than significant. The landscaping will also visually enhance the site and screen light and glare from the development. II. AGRICULTURAL RESOURCES: The project will not have a significant adverse impact on the agricultural resources in the area in that the site is not, and has not been in the recent past, used for agricultural purposes. III. AIR QUALITY: Vehicle traffic generated by use of the new school will result in an incremental increase in air emissions in the area. The increase, however, will not result in a significant cumulative increase in air quality in the area. Air quality in the surrounding area will also temporarily be impacted by construction vehicles, welding, and grading during construction. 34 of 43 15 March 15, 2005 Item # --.L EIS and Checklist CUP04-06 All construction vehicles are to follow Best Management Practices (BMPs) to reduce the amount of emissions and dust. This includes the proper tuning of vehicles, the use of water trucks during grading, covering the rear of trucks exporting material to prevent dust and dirt from impacting the residents and vehicles in the area, and potentially including a street sweeping program to remove excess dirt that may be deposited on local private roads. The street sweeping option will be discussed with the contractor as part of their construction responsibilities. IV. BIOLOGICAL RESOURCES: The project will not have a significant adverse impact on the biological resources in the area in that the site does not contain any habitat. The site has been developed for many years. v. CULTURAL RESOURCES: The project site does not contain any historical structures. Since the project proposes to only construct a new parking lot on a previously developed residential site, the probability of finding any cultural resources is low; but because, according to the Poway General Plan, the project site is located in an area with moderate probability of archaeological resource, archeological monitoring will be required during the grading process of excavating for the utilities involving native soil. The site has been developed in the past so the likelihood of an archeological resource find is questionable. However, in order to avoid a potential impact to an archeological resource, the following mitigation measure is recommended: Mitioation 1. Prior to conducting any grading of the site, testing of the site by a qualified professional shall be completed, and a report on the testing and findings submitted to the City. Should testing discover archeological resources, appropriate measures shall be followed to document, relocate, and/or preserve the resources. VI. GEOLOGY AND SOILS: The 0.91-acre site contains moderately sloping topography, with ranges in elevation from 580 feet in the east (along Pomerado Road) to 616 feet in the northwest corner. According to the Poway General Plan, the site contains Redding-Olivenhain Association, which consists primarily of well- drained cobbly loam and gravely loam that has a subsoil of gravely clay over hardpan. The contractor will be required to obtain a City Grading Permit, provide erosion control, and comply with all conditions of the permit. As such, no significant geologic-related impacts are anticipated. VII. HAZARDS AND HAZARDOUS MATERIALS: The project is the establishment of a private school that will not generate any hazardous waste materials. The project, therefore, will not result in a significant adverse hazardous impact to the area or the environment. Pursuant to California Govemment Code Section 65962.5, the site is not listed on any sites required under subsection (f) of that Section, which reports sites that have been subject to corrective action. The site is listed on the San Diego County Department of Environmental Health Site Assessment and Mitigation Case Listing of known hazardous sites or establishments having permits for hazardous 35 of 43 16 March 15, 2005 Item # -1- EIS and Checklist CUP04-06 materials. This list is shows all establishments in the County that have any type of hazardous materials, such as automotive establishments, gas stations, doctor's offices, and auto dealers. Environmental Business Solutions completed a Phase 1 Environmental Site Assessment on July 3, 2003. A search of San Diego County Hazardous Materials Management Division HE-17 found that hazardous materials had been stored on site in the past for the previous commercial use that occupied the site. The site was not recorded on the San Diego County Site Assessment and Mitigation Case Listings of sites as containing hazardous materials breachlleaks. Mitiqation 1. The Phase I Assessment recommends to assess the possible presence of halogenated solvents beneath the site and the potential human health risk to future occupants of the site building as a result of possible releases, soil vapor samples should be collected from areas of interpreted solvent usage/storage at the site and analyzed for volatile organic compounds (EPA method 8260B). VIII. HYDROLOGY AND WATER QUALITY: According to Flood Insurance Rate Map No. 06073C1356 F published by the Federal Emergency Management Agency, the project is not located within a 100-year flood plain. The O.91-acre project site is partially developed. Run-off from the existing development currently drains onto Pomerado Road. The proposed change in use and installation of a parking lot will not have a significant adverse impact on water or ground water quality or quantity, nor promote increased erosion because the project has incorporated current State Regional Water Quality Control Board and City of Poway SUSMP and NPDES requirements into the design. The proposed project would be designed to treat and slowly release run-off from the existing development and the new impervious area into the public storm drain system consistent with SUSMP requirements. Erosion control plans will be required in association with the project grading plans. IX. LAND USE AND PLANNING: The placement of a private school is conditionally permitted in the Rural Residential C zone. The project has been designed to comply with the Poway General Plan and the Poway Municipal Code. Therefore, the project will not result in a significant adverse impact on the planned land use in the area. X. MINERAL RESOURCES: The project site has been previously disturbed. Mineral resources have not been detected on site and the existence of new resources is not expected. According to the City's Master Environmental Assessment, there are no known mineral resources in the project area. Therefore, the project will not have a significant adverse impact on any known mineral resource. 36 of 43 17 March 15, 2005 Item # -L EIS and Checklist GUP04-06 XI. NOISE: The proposed project has a potential for creating an increase in noise levels over existing conditions because the expanded use and parking lot will be closer to neighboring residential properties to the west and south. The school use will increase the ambient exterior noise levels periodically throughout the day as children arrive and depart. and play in the exterior play area. This increase is not considered significant because it will not be constant and will be during standard business hours during the week. The Resolution for approval of the Conditional Use Permit will contain conditions of approval to address noise concerns associated with operations. The Poway General Plan requires that the maximum exterior noise levels in a single- family residential zone not exceed 60 decibels and interior noise levels not exceed 45 decibels. The maximum compatible exterior noise level for schools is 60 dB-A CNEL and for playgrounds it is 67.5 dB-A CNEL. Interior noise limits for sensitive land use (Le., classrooms) should achieve an interior noise level of 45 dB-A CNEL or lower. In addition, American National Standards Institute (ANSI) has adopted standard requirements for schools with less than 20,000 cubic feet. One hour steady background noise levels shall not exceed 35 dB-A. The project is located adjacent to Pomerado Road, which is a major arterial in the City of Poway. An Acoustical Analysis Report dated March 18, 2004, was prepared on the project by Sharo T. Sanavi for ABC Acoustics. The exterior noise levels were measured to be approximately 66 dB-A Leqh at the northeastern corner of the existing building, approximately 100 feet from the Pomerado Road centerline. No significant noise level impacts are identified at exterior useable areas of the project (Le., playground), therefore no exterior noise treatment measures are recommended in this report. The following mitigation was recommended by ABC Acoustics to allow the project to comply with adopted standards for interior noise. Mitigation 1. To insure that the project will comply with the 45 decibel CNEL interior noise standard, the project must include: a. Mechanical ventilation and/or air conditioning systems (forced air) in all habitable areas. b. All exterior windows in the project will need to be replaced with high- quality double-glazed windows, with a STC rating of 30 or higher. c. All existing doors need to be replaced with solid-core wooden doors (or equivalent) with weather stripping having a STC rating of 28 or higher. Future doors would have to have a STC rating of 30 or higher. d. The existing garage door within the project would need to be replaced with studded walls. All exterior walls would need to include 2" x 4" studs and a minimum of three layers of 5/8"-thick Type "X" gypsum board, plywood or an equivalent plus R-13 insulation in all stud cavities to provide for an STC rating of 45 or higher. There may be a temporary noticeable increase in ambient noise levels during the grading and construction process. This is considered temporary, and therefore, not 37 of 43 18 March 15, 2005 Item # -L EIS and Checklist CUP04-06 significant. The applicanUcontractor is required to comply with the City Noise Ordinance, which limits the time that construction activity is permitted. Therefore, there will be no significant noise impacts on the neighboring properties. XII. POPULATION AND HOUSING: The proposed private school use will displace one existing house, but the site had been previously used for a commercial use. It will not significantly alter the location growth rate of the human population in the City. Therefore, no significant impact to population or housing is expected. XIII. PUBLIC SERVICES: The proposed project provides for the modification of an existing building and parking lot. The proposed project does not place a demand on existing school, park, and other public facilities. As such, no significant impacts to Public Services are anticipated. XIV. RECREATION: The proposed project provides for the modification of an existing building and parking lot. The proposed project does not place a demand on recreation resources, in that it will not impact or cause the need for, or expansion of, any new park. The project will not impact or cause the need for, or expansion of, any new trail system. XV. TRANSPORTATION AND TRAFFIC: The project will result in an incremental increase in traffic in the area. The project proposes to develop the site with a private school and parking area on an existing, partially developed residential site. To address this issue, the project is required to pay Traffic Mitigation Fees. The driveway will be expanded to provide a safer access into the site and provide for adequate queuing for dropping off and picking up children. The internal queuing drop-off facilities are adequate for the traffic demand from the 68 students. According to the 1998 SANDAG Brief Guide of Traffic Generation Rates, a total of approximately 340 daily vehicle trips will be generated by the project. A Focused Traffic Study, dated November 9, 2004, was prepared by Katz, Okitsu & Associates on the project, the study focused on project access, sight distance, trip generation, and project impacts on the level of service on Pomerado Road. The study found that the proposed single-access driveway from Pomerado Road, and only right turn egress will be allowed. The sight distance of the current access driveway does not meet minimum corner sight distance requirements for southbound through vehicles. The proposed project will generate 58 trips in the a.m. peak hour and 61 trips in the p.m. peak hour. It was also determined that the roadway segment would operate at acceptable levels of service with the project. Mitioation 1. The project shall be conditioned to discourage left turn egress to the satisfaction of the Director of Development Services. Only right turn out will be acceptable. This will require the installation of a sign and/or striping of the driveway to direct drivers that right turns out only are permitted. 38 of 43 19 March 15, 2005 Item # ---L- -"--------.--..-- EIS and Checklist CUP04-06 2. The sight obstructions must be removed so that the necessary Stopping Sight Distance of 430 feet is met. This means that a portion of the existing retaining wall on Pomerado Road will have to be removed. 3. A stop sign shall be placed at the driveway exit. XVI. UTILITIES AND SERVICE SYSTEMS: The proposed project provides for the modification of an existing building and parking lot. The demand generated by the future private school and parking lot is not considered significant, and will not require the construction or expansion of any new water, wastewater, or storm water systems. XVII. MANDATORY FINDING OF SIGNIFICANCE: The proposed project consists of a private school on a previously disturbed and developed property. The property is residentially zoned to allow the proposed use with a Conditional Use Permit. There are no biological systems or endangered habitat species located on-site and there are no significant adverse impacts on the environment that cannot be mitigated. 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