Res P-01-26RESOLUTION NO. P-01-26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA APPROVING
A MODIFICATION TO CONDITIONAL USE PERMIT 98-05,
A DEVELOPMENT REVIEW 01-01, AND
RESCINDING RESOLUTION NO. P-99-03
ASSESSOR'S PARCEL NUMBERS 317-520-13, 14, 28, AND 35
WHEREAS, on January 12, 1999, the City of Poway City Council approved
Conditional Use Permit 98-05 to operate a day care center for up to 40 students from
infants to 12 years old within a 2,200-square-foot house located at 13242 Pomerado Road,
a 2.3 within the RS-4 zone pursuant to Resolution No. P-99-03; and
WHEREAS, a modification to Conditional Use Permit 98-05 and Development
Review 01-01 were submitted by Dattaram Walavalkar to allow th :the existing
enrollment capacity from 40 students to 170 students, th :a 12,000-square-
foot facility including a kitchen facility and multi-purl:and the use of
the multi-purpose reom for recreational instruction, parties and community events outside
regular pre-school h :h an existing legally established day care facility
use located at 13242 Pomerado Road within the RS-4 zone pursuant to Resolution No. P-
99-03; and
WHEREAS, on May 15, 2001, the City Council held a duly advertised public hearing
to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council has considered the E Iai Initial Study (ELS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this resolution for the Conditional Use Permit 98-05M/DR 01-01
project and publ' Is received on the ElS and MND. The subject ElS and MND
documentation is fully incorporated herein by th' The City Council finds that the
mitigation contained in the ElS and Exhibit A hereof will mitigate potentially
significant impact to a less than significant level and hereby approves the MND and the
J Mitigation Monitoring Program attached to this Resolution as Exhibit A.
Section 2: The finding Jance with Section 17.48.070 of the Poway Municipal
Code for the modification to Conditional Use Permit 98-05 t the existing student
enrollment capacity to 170 students, th ~ i facility, and the use of
the multi-purpose room for p ' Iional facility outside regular pre-school hours in
:h an existing day care facility use located at 13242 Pomerado Road within
the RS-4 zone, are made as follows:
The existing day care facility has occupied th 1999 and the modification
t the student enrollment capacity and allow p use of the
multi-purpose room after preschool hours are complementary to the residential
Resolution No. P-01-26
Page 2
neighborhood. The size and design of th ! is appropriate for
the use and location and is a permitted use in the RS-4 zone, with the approval of
modification to the Conditional Use Permit. Therefore, the proposed location, size,
design and operating characteristics of the preschool use are appropriate to the
purpose of the zone in which the site is located, the City's General Plan, and the
development policies and standards of the City.
The new facility will enhance the existing development on the property
and is appropriate for th I as being consistent or superior to surrounding
development. The facility will meet City of Poway standards for parking. Therefore,
the location, size, 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
The facility ' 'y and approximately 21 feet in height
similar to the scale of the existing neighboring residential development. The
facility will meet or exceed standards for scale, coverage and density.
Therefore, the harmony in scale, bulk, coverage and density of the project is
consistent with adjacent uses.
There are public facilities,
:l utilities available to the site.
Th facility will be located in th i the northerly portion of the 1.9-
acre property and will b -I from the adjacent residential property by a six-
foot high wall and proposed landscaping. R use of the facility would be
limited to indoor activities. The existing and proposed building will utilize
the similar colors and Therefore, there will be no harmful effect upon
desirable neighborhood characteristics.
Th facility is bound by three st :ling Pomerado Road, a major
arterial. The increased traffic as a result of th student enrollment will
be insignificant given the existing trafr :l flows in the area. Driveway
improvements and widening of Rimbach Road near the intersection will provide
improved access to the preschool site. Therefore, the capacity and physical
character of surrounding streets will not be impacted and the project'
with the Circulation Element of the General Plan.
The preschool and private recreational use are allowable in the zone, and are
located rterial and will act as a transition to the residential development
to the east. Therefore, th · 31e for proposed building and uses.
Th hazardous materials or processes. Although approximately 28
trees will be removed, the tree loss will be offset by planting approximately 40 new
None of the trees to be removed are heritage trees. Therefore, there
will not be significant harmful effects upon
Resolution No. P- 01-26
Page 3
quality and natural
There are no otb
mitigated.
negative impacts of the proposed use that cannot be
The impacts, as described above, and the proposed location, size, design and
operating ch of the proposed use and the conditions under which it
would be operated J will not be detrimental to the public health, safety
or welf ly injurious to properties or imp ' the vicinity nor be
contrary to the adopted General Plan; and
That the proposed conditional use will comply with each of the applicable provisions
of Section 17.48.070 of the Poway Municipal Code.
Section 3: The finding Jance with Section 17.52 of the Poway Municipal Code
for Development Review 01-01 I :a building 1' J meetings at 13242
Pomerado Road in the RS-4 zone, are made as follows:
The facility will be built on a previously disturbed site that is currently
vacant. The approximately 28 trees to be removed are not heritage trees and will
be replaced by approximately 40 trees to be planted along streets, property lines
and within parking areas. Therefore, the project respects the interdependence of
land :l aesthetics to the benefit of the City.
Th building is in character with existing development in the area and will
not negatively affect the views of adjacent property owners. The project will provide
decorative fencing and landscaping along streets. Therefore, the proposed use
does not conflict with the orderly and h appearance of and
property within the City along with associated facilities, such as but not limited to
signs, landscaping, parking areas and streets.
There are public facilir :1 utilities available. Th traffic will
be insignificant given existing trafr :1 flows in the area. The project will
exceed the requirement for 56 parking spaces by 6 spaces to 'late the
additional students and teaching staff. The project will otb to all City
ordinances. Therefore, the proposed project does not detract from th
of the public health, safety and general welfare, and property throughout the City.
The building is designed to minimize impacts on the surrounding community by
being located away from the street and adjacent properties and ' ' ~3 a profile
similar to neighboring residential development. The existing building will be painted
to match th f the facility. A six-foot high decorative block
wall and landscaping will screen the new building from view from neighboring
Resolution No. P-01-26
Page 4
residential homes, walls and landscaping will be placed along
Pomerado Road. The proposed development respects the publ' for the
aesthetics of developments.
The proposed project will meet the required design reg :1 will otherwise
comply with all of the relevant codes and standards of the City of Poway.
Therefore, the proposal does not have an adverse aesthetic, health, safety or
architecturally related impact upon existing adjoining properties, or the City in
general.
The proposed project will comply with all of the p ' '
and the General Plan.
the Zoning Ordinance
Section 4: Pursuant to G l Code Section 66020, the public improvements for
this Modification to Conditional Use Permit 98-05 and Development Review 01-01 are
made as follows:
The design and imp :the proposed development I with all
elements of the Poway General Plan, as well as City ordinances, because all
necessary :1 facilit' 31e to serve this project. The payment of
sewer, water, drainage, and traffic fees is needed as a result of the proposed
development to protect the public health, safety and welfare as identified below:
1. The applicant will pay sewer, water, drainage, and traffic fees, which are
assessed on a pro-rata basis to finance and provide public inf
imp which p ;e and healthy Ifor the residents
of the City.
Section 5: Resolution No. P-99-03 is rescinded.
Section 6: The City Council hereby app :lification to Conditional Use Permit
98-05 and Development Review Permit 01-01 to allow the increase of the existing
enrollment capacity from 40 students to 170 students, th :a 12,000-square-
foot facility, including a kitchen facility and multi-purl:and the use of
the multi-purpose room for recreational instruction, parties and community events outside
regular pre-school t; :h an existing legally established day care facility
located within a 2,200-square-foot building at 13242 Pomerado Road within the RS-4 zone,
as shown on the plans dated February 26, 2001, subject to the following conditions:
Approval of this Conditional Use Permit request shall apply to the subject project
and shall not waive compliance with all sections of the Zoning Ordinance and all
other applicable City ord effect at the time of building permit issuance.
Resolution No. P- 01-26
Page 5
Within 30 days of the date of this approval:
The applicant shall submit in writing that all conditions of approval have been
read and understood.
The property owners shall execute a Covenant on Real Property
The applicant shall apply for a Letter of Availability (LOA) t
availability for 6.2 EDU's and make a payment to the City,. :lable
reservation fee of $2,921.44, which is equal to 20% of the appropriate sewer
fee of $11,685.76 in effect at the time the LOA is issued.
Balance of the sewer fee, in the amount of $11,685.76, shall be paid prior to
building permit issuance. The number of EDU :1 based on a
net' 1130 students (170 -40 per original CUP 98-05). Should the
total number off . I buildings to be built generat
EDU's than that calculated from number of students, th
fee shall be adjusted accordingly.
The use conditionally granted by this approval shall not be conducted in such a
to interfere with th 31e use and enjoyment of surrounding uses.
The conditions of this CUP shall remain in effect for the life of the subject private
school and shall run with the land and be binding upon ful
heirs, and I : the current property owner.
Conditional Use Permit 98-05 may be subject to annual review as determined by the
Director of Development Services for compliance with the conditions of approval
and to add that may have been raised during the prior year.
Any changes in the approved use of the building, including but not limited to the
hours of operation, and number of students and recreational use that result in an
increase in required parking will require the approval of a modification to this
Conditional Use Permit. Depending upon the scope of such changes, at the
discretion of the Director of Development Services, said modification may be
processed administratively or may be referred to the City Council for a public
hearing.
Prior t : a building permit the applicant shall obtain approval of a grading
permit. Compliancewith the following conditions is required priori Ithe
grading permit unless other timing is indicated:
The applicant/developer shall submit precise grading plans, permit
application/s, plan checking/inspection fees, geotechnical report and
geotechnical review fees to the Development Services Department.
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Resolution No. P- 01-26
Page 6
The precise grading plans shall include private road imp
follows:
as
The precise grading and improvement plans shall include the private
road imp to Rimbach Road. Rimbach Road shall be
improved along the property's southerly boundary to a minimum
24.00-foot AC-paved roadway at its easterly end at Pomerado Road
and ! -1 to a ' ' 120.00-foot roadway at or near the
westerly end of the property. The minimum structural section shall
meet the req : the City's non-dedicated rural local street
standards per Sections 12.20.110 and 12.20.120 of the Poway
Municipal Code.
Since access to the site will be provided from Rimbach Road, a
relinquishment of access rights document shall be prepared and
subsequently executed by the property owner for recordation in the
office of the San Diego County Recorder. ^ processing fee of
$1,000.00 shall be paid to the City. If access to and from Leona Lane
is to be utilized, a modification to this CUP shall be reviewed and
approved by the City prior I :any imp If the
modification is approved then pdvate road imp ~all also be
shown on the precise grading and improvement plans and such
improvements shall I: :1. Leona Lane, if utilized for access
to and from the project site, shall be improved to City's non-dedicated
rural local street standards per Sections 12.20.110 and 12.20.120 of
the Poway Municipal Code. Should applicant/developer choose notto
use Leona Lane 1' th '3hts shall be relinquished
to the City.
Grading of the project shall be in substantial Ih the approved
development plan and in accordance with the Uniform Building Code, City
Grading Ordinance, and City Storm Water Management and Discharge
Control Ordinance.
All driveways shall have alley type returns.
Erosion control, including but not limited to desiitation basins, shall be
installed and ~ from October 15th to April 15th. A lrol
plan shall be prepared by the project civil engineer and shall be submitted as
part of the grading plan. The applicantJdeveloper shall make provisions to
insure proper maintenance of all erosion control devices.
6. Submittal of soils report 1' :1 approval.
10.
11.
12.
13.
14.
15.
Resolution No. P-01-26
Page 7
Payment of grading and right-of-way permits, plan checking, inspection, and
geotechnical fees. The grading permit fee shall be paid at the first submittal
of grading plans.
Submittal and/or payment ofgrading securities. S
by the City Attorney.
: be approved
Paving of the parking lot shall conform to the standards set forth in Section
12.20.080 of the Poway Municipal Code.
A drainage system capable of handling and disposing of all surface water
originating within the development and all surf that may flow onto
the development from adjacent lands shall t: :1.
Th pollution prevention plan (SWPPP) shall be made a part of
the precise grading plans, The SWPPP shall provide the erosion,
sedimentation and pollution control to be used dudng
The applicant shall submit a request to hold a p ' .;I with a
City Engineering Inspector. The applicant is responsible that th 'y
individuals, such as but not limited to, con! 3contractors, the project
engineer and project soils engineer attend the p meeting.
A right-of-way permit shall be obtained from the Engineering Division for any
work to be done in the public right-of-way or City held easements.
The following imp shall be provided to the satisfaction of the
Director of Safety Services:
The addition of a fire hydrant along Pomerado Road is required. The
location of the hydrant shall be determined by the City Fire Marshal.
The following imf
Director of Public Works:
shall be provided to the satisfaction of the
A concrete pad shall be installed around the existing fire hydrant on
Pomerado Road.
The grading plan shall show post indicator valve (PIV) and Fire
Department C (FDC) along Pomerado Road.
Connect new Fire Hydrant and FDC to 10" water main within
Pomerado Road. Presently, the City is improving Pomerado Road.
The applicant should coordinate with the Public Works ..3
installation of th prior to the new paving will
16.
17.
Resolution No. P-01-26
Page 8
be installed in
Project.
with the Pomerado Road Improvement
The grading and improvement plans shall show all fencing and walls. The
location of walls and fences shall provide adequate landscaping area along
streets and interior property lines to the satisfaction of the Director of
Development Services.
Complete landscape d shall be submitted to and
approved bythe Planning Division. Landscape plan check f :luired
upon submittal of the plans. Plans shall be prepared in accordance with the
City of Poway Guide to Landscape Req (latest edition) and include
the following:
Street t ' ' ; 15 gall larger to the satisfaction
of the Community Development Director, shall be installed along
Pomerado Road, Leona Lane and Rimbach Road, in accordance with
the City of Poway Guide to Landscape Req ' and shall be
planted at an average of 30 feet on center spacing along all streets.
Landscaping, including shrubs and ground ;~ with irrigation,
shall be provided in all areas not used for buildings, parking and
driveways, to th =the Director of Development Services.
Specific plant sizes and species, and general irrigation design shall be
depicted on the site plan or an attached separate landscape plan.
The landscape plans shall also address the signage and use of
planter blocks of the focal point at the corner of Rimbach Road and
Pomerado Road.
The landscape plans shall show landscaping along Pomerado Road
between the curb along Pomerado Road and the wall on top of the
slope. The landscaping shall rficient amount of trees and
shrubs to soften the apl; I the wall.
18.
A tree removal permit application shall be submitted for approval by the
Director of Development Services for the removal of any mature trees. The
applicant shall submit a report from a qualified arborist evaluating the
necessity of the proposed t Trees along :1 property
lines should be preserved whenever feasible. Tree replacement will be
required. The size and location of the tree replacement will be determined
as part of th ; the project landscape plans.
Compliance with the following conditions is required prior to construction of public
imp unless other timing is indicated:
Resolution No. P- 01-;~6
Page 9
The applicant/developer shall submit improvement plans for the
Development Services Department for approval for onsite public water
system and any other public imp ! be required by other City
departments.
Improvements shall be constructed in accordance with City adopted
standards and specifications, the latest adopted edition of the Standard
Specifications for Public Works Construction and its corresponding San
Diego supplements, the current San Diego Regional Standard Drawings.
Improvement plans shall show the PIV and FDC on the plans.
Onsite potable water lines shall I: *t for fire hydrant/s installation
as required by the City Fire Marshal. The size and location of the water lines
shall be that as established by a water system analysis prepared by an
engineering firm designated and approved by the City. The
applicant/developer shall pay to the City the cost of preparing the analysis
prior to submittal of improvement plans.
All new and existing electrical/ ~CATV utilities within the
boundaries of the project shall be installed underground prior to installation of
concrete curbs, gutters, sidewalks, and surfacing of the streets. The
applicant/developer is responsible for complying with the req i this
condition, and shall make the necessary arrangements with each of the
serving utilities.
The locations and sizes of all utility boxes and vaults within street rights-of-
way and the City's general utility easement shall be shown on the
grading/improvement plans. The method of screening such as walls,
landscaping, or a combination of both shall be provided to the sat :
the Director of Development Services.
Public improvement plans shall be prepared on a standard sheet of mylar
(24" X 36") by a C ,]istered civil engineer and submitted for review
and approval.
Payment of improvement plan checking, insp :1 improvement plan
administrative fees. The exact amounts will be calculated from a certain
percentage of an approved cost estimate of the public improvements (see
City Council Resolution No. 95-104 1' ). The initial amounts of
these fees shall be paid at first submittal of plans 1'
Peri' :1 payment securities (in the form of bond, letter of credit or
cash deposit) shall be posted with the City prior to approval of improvement
plans. A Standard Agreement for the Construction of Public Improvements
10.
11.
Resolution No. P- 01-26
Page 10
shall I: -1 by
of Development $
3er/ap
~l/or the City Engineer.
Acquisition of a right-of-way permit. The permit is required before any work
is to be done in public street rights-of-way or City-held easements.
The applicant/developer shall ob! ' lment permit from the City
for any private imp placed within public street rights-of-way or City
12.
The applicant/developer shall cause the dedication of the following
' to the City:
13.
An easement, a minimum of 20.00 feet wide for each new public
water line, shall be dedicated to the City. A processing fee of $1,000
p I document shall be paid to the City.
Recordation of th Is in the office of the San Diego County
Recorder may be deferred, with the approval of the City Engineer,
prior I : building occupancy.
No private imp
rights-of-way or City
3all be placed :1 within public street
y one of the following is satisfied:
An encroachment permit has been issued by the City for the
improvements; or
An encroachment removal agreement has been executed by the
develop ~1 subsequently approved by the City; or
Approval of grading or improvement plans, on which a right-of-way
permit has been issued for the private imp to be
-I.
The City reserves the right to choose any or all of the above, under certain
len City d 'y.
Compliance with the following conditions is required during
imp
of site
E Irol devices shall be installed and
15 and April 15.
between October
2. The Storm Water Pollution Prevention Plan shall be implemented.
Resolution No. P- 01-26
Page 11
Prior to issuance of a building permit, the applicant shall submit building plans
consistent with the approved project plans on file in the Planning D' ' ' `l the
applicant shall comply with the following:
The building plans shall b Jance with the approved plans on file in
the Development Services Department for CUP 98-05M/DR 01-01, along
with the condit' ,1 herein.
Submittal and approval of a property merger application for the four parcels
that comprised the property identified as APN 317-520-42.
ApplicantJdeveloper shall process the merger through the Engineering
Division of the City's Development Services Department. ^ processing fee of
$800.00 shall be paid to the City at time of merger application.
Provide the Planning Division with the recorded document that a quitclaim
has been processed for the SDG&E easement recorded on February 8,
1949, in Book 3105, Page 283 of Official Records.
The two power poles located along Rimbach Road adjacent to the project
site shall be undergrounded. The eastedy of the two power poles shall be
undergrounded prior to issuance of Certificate of Occupancy of the new
building. The undergrounding of the westerly of the two poles may be
deferred to such time when power poles located further west of the project
site aro undergrounded and subject to the recordation of a covenant to the
sat' ' I the Director of Development Services. Th' l would
require that th I the Growing Place property agree to pay his/her
pro-rata share towards undergrounding of subject westerly power pole.
The indoor areas of the new building and new outdoor playing areas shall
comply with acceptable noise levels pursuant to Poway General Plan Noise
Element to the of the Director of Development Services as
follows and as further outlined in Exhibit A of this resolution:
A four-foot-high sound attenuation wall as 'led by the noise
analysis prepared by Dr. Leslie E. Penzes, dated February 20, 2001 and
subsequently amended March 6, 2001, for the proposed project shall be
located on top of the slope along Pomerado Road and set back from the
sidewalk to allow for adequate area for landscaping including street trees
and shrubs. The applicant may propose alternal' :igation for
the outdoor play area and interior building pursuant to th ysis
for approval by the Director of Development Services.
b. A `led by th ysis prepared by Dr. Leslie E. Penzes
for the proposed project and on file with the City Planning Division, the
10.
Resolution No. P-0].-;~6
Page 12
building shall be furnished with air-conditioning or mechanical
so that the windows could be closed during operations. The windows
and walls must meet th ' ' STC rating as called out in the noise
analysis.
All freestanding walls shall not exceed six feet in height and shall consist of
slump quivalent to th !the Director of Development
Services.
The site plan for the building plans shall be revised to show the following:
a. The location of walls along long Leona Lane and Pomerado Road as
conditioned herein.
b. A scaleable 50-foot setback of th
property line.
building to the west
c. El
setback.
structure, besides fencing and walls, within the front yard
A : high wood fence shall be provided along the west
and north property lines of the westedy parking lot to the sal :
the Directors of Development S :1 Public Works.
The building elevations shall be revised to show the following:
a. All materials and colors shall be depicted on the plans, including
specif' :les.
The colors of the doors to face Pomerado Road shall be within the color
scheme of the building.
All new equipment appurl :ling air conditioners, shall be shown
on the plans and shall be architecturally integrated, screened f :l
sound buffered from adjacent properties and streets as required by the
Director of Development Services.
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
Iow-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.
11.
12.
Resolution No. P- 01-26
Page 13
The applicant shall comply with the following to the
Engineering Division:
of the
Rough grading of the lot is to be completed and meet the approval of
the City Engineering Inspector and shall include submittal of the
following:
A final soil compaction report t'
City.
approval by the
ii.
Certification of line and grade. The certification shall be
prepared by the project's civil engineer.
b. City approval of soils compaction report.
c. City approval of a certification of line and grade. The certification shall
be prepared by the projects' civil engineer or City-approved designee.
The following development fees shall be paid to the Engineering Division.
The following 1' Ils currently in effect and is subject to change. The
applicant shall pay the amount in effect at the time of Building Permit
issuance.
Water base capacity* For %" meter
For 1" meter
= $ 3,710.00
= $ 6,678.00
Wa1
For %" meter = $130.00
For 1" meter = $ 270.00
= $ 270.00 (for 1" meter)
Water lateral* For 3~,, meter
For 1" meter
= $1350.00
= $1430.00
* Water fees only applicable if
lateral is needed. For cost for otb
Engineering Division.
:er
: the
SDCWA capacity charge
For %" meter
For 1" meter
(Only applicable if
is to be installed)
= $2,004.00 per meter
= $3,206.00 per meter
Resolution No. P-01-26
Page 14
S lion fee : $11,685.76
(Balance of payment for 6.2
EDU's. Fee subject to change
if student enrollment changes)
fee : $50.00 p
inspection fee = $25.00
Drainage fee = $1,392.00'*
** (2.16 Ac. x $1200/acre) - $1,200.00 credit = $1,392.00
Traffic Mitigation fee = $2,145.00'**
*** For payment of a net gain of 130 trips.
Net gain = (170 students - 40) x 1 trip/student = 130 trips
Traffic mitigation fee = 130 x $66/trip x 0.25 = $2,145.00
Park fee = None
13.
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.
14.
The applicant shall coordinate with the City h
provided to the existing facility during construction.
parking can be
i5.
Approval of this request shall not 31lance with all "the
Zoning Ordinance, and all other applicable City Ordinances in effect at the
time of building permit issuance.
The applicant shall construct the following imp
Director of Safety Services:
to the sat ~ the
As an educational occupancy, a f /stem is required and shall be
shown on the building plans. Contact Fire Department 1' ' ' :ion.
A fire hydrant shall be installed along Pomerado Road at a location to the
sal : the Director of Safety Services.
The new facility is required to have a fire protection sprinkler
system. If the separation between the new and existing
1' less than 10 feet (roofline to roofline), both
will be required to have a fire p 3rinkler system.
Resolution No. P-01-26
Page i 5
4. A knox box shall be installed.
P
following:
Certificate of Occupancy, the applicant shall comply with the
The site shall be developed in accordance with the approved plans on file in
the Development Services Department for both CUP 98-05M and DR 01-01
along with the condil' i therein/herein. A final inspection from
the appropriate City Departments will be required and approval for
occupancy obtained.
Prior to ' : a Certificate or Occupancy and Release of Securities,
the applicant shall comply with the following to the satisfaction of the
Engineering Division:
a. Completion of public and grading improvements.
b. City approval of record drawings of the grading and improvement
plans.
c. Dedication of easements to the City for new public water lines
easement and relinquishment of access rights to and from Leona
Lane (if the property owner gives up access).
d. Completion of the property merger of the four-parcel project site.
Posting of a warranty bond for the constructed public water system
imp
Execution and subsequent recordation of a road
agreement for Rimbach Road along the project's frontage.
Grading securities shall be released only upon completion of the project and
upon City approval of the record drawings of the grading plans.
Perr for public imp I posted and separate from
the grading securities, shall only be reduced twice before completion of
improvements.
Payment securities and remaining performance securities, if any, shall be
released than 90 days after City's acceptance of improvements,
posting of warranty security, and approval of record drawings.
6. The existing building shall be painted to match the new preschool building.
Resolution No. P- 01-;~6
Page 16
Upon establishment of the use, the following conditions shall apply:
1. The preschool hours will be Monday through Friday from 6:00 a.m. to
6:30 p.m.
The use of the facility for recreational
to the times as follows:
purposes shall be limited
a. Monday through Friday
6:30 p.m. to 10:00 p.m.
b. Saturday or Sunday
9:00 a.m. to 10:00 p.m.
The facility shall be operated in such 1 ' ' y 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 :1 th :lard :1 in
the Poway Municipal Code.
4. 0
3tion of alcoholic beverages shall not be permitted.
All activities shall occur within the buildings unless otherwise
approved through a Temporary Use Permit issued by the City.
The preschool shall ensure that the staff, attendees of the preschool and
recreational activities, and all service providers park within the on-site
parking areas, and not on the nearby streets.
All existing lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any adjoining
premises.
No loudspeaker sound amplification system shall be used to produce sounds
in violation of the Noise Ordinance, including telephone or electric bell or
chime system.
9. The parking areas and driveways shall be well maintained.
10.
All landscaping including areas within the adjacent public right-of-way shall
be adequately irrigated and permanently and fully J by the owner
at all times.
1 1. Th 3erator of the facility shall routinely and regularly inspect the
site 1 31lance with the standards set forth in this permit.
Resolution No. P- 01-26
Page 17
12.
Any signs proposed for this development shall be designed and approved in
with the Poway Municipal Code. ^ separate sign permit is
required for any new signage.
Section 8: The approval of the modification to CUP 98-05M and DR 01-01 shall expire
on May 15, 2003, at 5:00 p.m. unless, prior to that time, a Building Permit has b :1
and const the property' the modification to CUP 98-05 approval has
:1 prior to its expiration. Should the modification approval expire, the conditions
contained in Section 6, Subsection M shall remain in effect for the existing pre-school
facility consisting of ~40 students within a 2,200-square-foot building.
Section 9: Pursuant to G i Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on May 15, 2001.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 15th day of May 2001.
ATTEST:
nne Peoples, City Cle~'k
Resolution No. P-01-26
Page 18
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- 0Z-26 , was duly adopted by the
City Council at a meeting of said City Council held on the 15th day of May 2001, and that it
was so adopted by the following vote:
AYES:
EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT:
HIGGINSON
L~or A~n :e~Peoples, C~'~y
City of Poway
Resolution No. P- 01-26
Page 19
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR CUP 98-05M AND DR 01-01
5 of th ~ .; ~ or
monitoring program for the changes which it has adopted .or made a condition of project approval in
order to mitigate or avoid significant effects on the The reporting or monitoring
program shall be designated during project imp "This mitigation
monitoring program has been prepared in accordance with Section 21081.6 of the Public
Resources Code.
! City ~
shall = J desist order for all The order shall
remain in effect until compliance is assured. Non-compliance situations which may occur
subsequent to I; i be addressed on a case-by-case basis and may be subject
to I~ ting to the City of Poway Municipal Code. When phasing of development has
been established, it may be necessary for this Monitoring Program to be amended, with City
approval.
ti tion Measure [min, ~.espon= 'bility
N a. Depict on the grading plan, a nois ,~ grading pla ,~pplicant
~ reduce th submittal
noise within the outdoor play areas to
acceptable levels pursuant to Poway
General Plan noise standards and in
accordance with the Noise Analysis
prepared by Dr. Leslie E. `l
February 20, 2001, and subsequently
updated March 6, 2001 and to the
of the Director of
Community
b. Review the grading plan for depiction Prior 1 City of Poway
of the al: :1 fencing to be of grading permit
constructed on the project site at a
location and height to the
of the Director of Community
Development
c. Submit, to the Building Division, Prior tobuilding Applicant
building plans which show building to I:
be furnished with air-conditioning or and during
mechanical ventilation as
'led in the Noise Analysis
prepared by Dr. Leslie E. Penzes dated
February 20, 2001, and
updated March 6, 2001. The windows
and walls must have a minimum STC
rating as called out in the ab~
referenced Noise Analysis prepared b
Dr. Leslie E. Penzes.
the al: -I building
s~: are met and that the
required noise walls are
shown.
Conduct a follow-up noise study to
ensure that the noise I the
classroom building and the outdoor
play lin acceptable levels.
lall be
provided to the City Planning Division
for review. If the noise levels are not
acceptable, the applicant shall take
appropriate measures to the
of the Director of
Development Services to reduce the
noise levels to acceptable levels.
Keep windows and door closed during
operations as :led in the
Noise Analysis prepared by Dr. Leslie
E. Penzes dated February 20, 2001,
and subsequently updated March 6,
2001.
No outdoor
telephone l:
be used
paging systems or
Resolution No.
Page 20
and during
F
of occupancy
permit.
During
operations.
During
operations.
P- 01-26
City
Applicant and
C~ty
Applicant
Applicant