Covenant Regarding Real Property 2017-0302774Joan K. Butzen Licensed Clinical Social Work Corporation ("OWNER" hereinafter) is the owner of
real property commonly known as 14755 Budwin Lane ("PROPERTY hereinafter) and more fully described
in the legal description attached hereto as Exhibit A and made a part hereof.
In consideration of the approval of Minor Conditional Use Permit (MCUP) 16-004 by the City of
Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in
the attached Resolution (Attachment A).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that MCUP 16-004 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by MCUP 16-004, upon the request of the OWNER the CITY shall expunge this
Covenant from the record title of the PROPERTY and MCUP 16-004 shall be of no further force or effect.
If either party incurs costs as a result of filing a civil action to enforce the provisions of this Covenant,
the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees,
from the other party.
OWNER OR AUTHORIZED AGENT:
Dated: G 911-2
tl oan K�utzen LCSW Corporation (Notarize)
CITY OF OWAY:
Dated: 6?M'7 By:
Ro ert J. Manis,it cto o ev lopment Services
p302774
DOC# 2017-03
RECORDING REQUEST BY: )
IIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Jul 05, 2017 02:51 PM
CITY OF POWAY )
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
WHEN RECORDED MAIL TO:
FEES: 560.00
CITY CLERK )
PAGES: 16
CITY OF POWAY )
P O BOX 789 )
POWAY CA 92074-0789 )
(This space for Recorders Use)
APN: 321-410-41
MCUP 16-004
COVENANT REGARDING
REAL PROPERTY
Joan K. Butzen Licensed Clinical Social Work Corporation ("OWNER" hereinafter) is the owner of
real property commonly known as 14755 Budwin Lane ("PROPERTY hereinafter) and more fully described
in the legal description attached hereto as Exhibit A and made a part hereof.
In consideration of the approval of Minor Conditional Use Permit (MCUP) 16-004 by the City of
Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in
the attached Resolution (Attachment A).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that MCUP 16-004 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by MCUP 16-004, upon the request of the OWNER the CITY shall expunge this
Covenant from the record title of the PROPERTY and MCUP 16-004 shall be of no further force or effect.
If either party incurs costs as a result of filing a civil action to enforce the provisions of this Covenant,
the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees,
from the other party.
OWNER OR AUTHORIZED AGENT:
Dated: G 911-2
tl oan K�utzen LCSW Corporation (Notarize)
CITY OF OWAY:
Dated: 6?M'7 By:
Ro ert J. Manis,it cto o ev lopment Services
CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of
On vn _ \CA?.Gl before me, 1�ane` �,p��C, /V(% r t ��f�rC
Date Here Insert Name and Title of th6 Officer
personally appeared _Soc4
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the p rson(s) whose nam)s
e(s/are
subscribed to the within Instrument and acknowledged to me that rie/they executed the same in
Nsa/flreir authorized capacity(ios), and that by hi/thair signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(Q acted, executed the instrument.
L r "_
DANIEL SCHEPE
Notary Public - California
San 01090 County =
Commission N 2166169 —'
SMYCO mEs IM Oct 27, 2020
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document -gen c gyp. )7
Title or Type of Docu ent: Cryenel, t'^% Document Date: 7) G 2cr
Number of Pages: Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signers)
Signer's Name: 7GGn fin/ 1✓}2P/1
Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name: kc dfho.
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact -
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, IN THE COUNTY OF SAN
'DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO: 18994, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, .NNE 14,2002.-
PARCEL
4,2002.
PARCEL B:
A RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS A STRIP bF LAND 20.00
FEET IN WIDTH SITUATED WITHIN THE SOUTHEAST QUARTER, OP THE SOUTHEAST. QUARTER OF
SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, AND WITHIN LOT 7
(SOUTHWEST QUARTER OF THE, SOUTH WEST QUARTER) OF SECTION 6, TOWNSHIP 14 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, THE WESTERLY LINE OF SAID 20.00 FOOTSTRIP BEING' DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1; THENCE NORTH 890 19' WEST
ALONG THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 171.96 FEET TO THE SOUTHERLY
TERMINUS OF ALINE DRAWN PARALLEL WITH AND 20.00 FEET WESTERLY AT RIGHT ANGLES FROM
THE WESTERLY LINE OF LAND CONVEYED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY BY
DEED DATED MARCH 28, 1951 AND RECORDED IN BOOK 4054 PAGE 374 OF OFFICIAL RECORDS, BEING
A POINT IN THE CENTER LINE OF THAT CERTAIN COUNTY ROAD AS SHOWN ON THE MAP OF ROAD
SURVEY NO. 335. ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY
AND BEING ALSO THE TRUE POINT OF BEGINNING OF THE WESTERLY LINE OF SAID 20.00 FOOT.
STRIP OF LAND; THENCE NORTH 10 011 WEST ALONG THE ABOVE MENTIONED PARALLEL LINE AND
ALONG THE NORTHERLY PROLONGATION THEREOF, A 'DISTANCE OF 1000.00 FEET; THENCE
NORTHEASTERLY IN A STRAIGHT LINE, 365.42 FEET, MORE OR LESS, TO THE SOUTHWESTERLY
CORNER OF LOT 6 (NORTHWEST QUARTER OF SOUTHWEST QUARTER) OF SAID SECTION 6, THE
EASTERLY LINE. OF SAID 20.00 FOOT STRIP TO BE PROLONGED OR SHORTENED SO AS TO
TERMINATE ON THE SOUTH IN THE SOUTH LINE OF SAID SECTION I AND ON THE NORTH ON THE
SOUTH LINE OF SAID LOT 6 IN SECTION 6.
APN(s):321-410-41-00 ' '
Attachment A
RESOLUTION NO. P-17-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR
CONDITIONAL USE PERMIT 16-004 AND DEVELOPMENT
REVIEW 16-012 ASSESSOR'S PARCEL NUMBER
321-410-41
WHEREAS, Minor Conditional Use Permit 16-004 and Development Review 16-
012 were submitted by Joan Butzen Licensed Social Work Corp., Applicant, a proposal
to remodel and add an approximate 5,500 -square -foot, two-story building and
approximately 3,100 square feet of covered exterior/outdoor space at Huntington Manor
residential care facility located at 14755 Budwin Lane within the Rural Residential -C (RR-
C) zone; and
WHEREAS, on June 6, 2017, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt from the California
Environmental Quality Act (CEQA), as a Class 1 Categorical Exemption, pursuant to
Section 15301.e of the CEQA Guidelines, in that the project is an addition that is less than
10,000 square feet in size to an existing facility, that is on a property that is not
environmentally sensitive, and is served by existing public utilities.
Section 2: The findings in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC) for the approval of Minor Conditional Use Permit 16-004 are made
as follows:
A. The location, size, design and operating characteristics of the residential care
facility are in accord with the title and purpose of Chapter 17.48 PMC (Conditional
Use Permits Regulations), the General Plan, and the development policies and
standards of the City in that the use was legally established pursuant to San Diego
County land use and social services standards and zoning in place prior to City
incorporation in 1980. Pursuant to PMC 17.48.090 the use has operated in
accordance with the requirements prescribed at the time of its establishment and
the development policies and standards of the City so it is permitted to continue.
B. The location, size, design, and operating characteristics of the residential care
facility will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, people, buildings, structures, or natural resources in
that the facility has been designed to comply with the Poway General Plan and
PMC and while the built environment of the residential care facility will increase to
provide for more generous sized private bedroom/bathroom suites and shared
Resolution No. P-17-10
Page 2
common area, the maximum allowed occupancy of residents and operational
scope of the use will remain the same. The use will be operated in compliance
with City development standards.
C. The residential care facility is in harmony with the scale, bulk, coverage, and
density of, and is consistent with adjacent uses in that the proposed project has
been designed to comply with the property development standards for the Rural
Residential -C zone; and while the built environment of the residential care facility
will increase to allow more generous sized private bedroom/bathroom suites and
shared common area, the maximum number of elderly residents allowed at the
facility and the operational scope of the use will remain the same. Additionally, the
use is required to operate in accordance with City development standards.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the residential care facility.
E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the residential care facility has operated on the subject site for more than 50
years and predates the development of a majority of the surrounding residences
and the school. Additionally, the proposed addition to the residential care facility
has been designed to comply with the Poway General Plan and PMC standards.
F. The residential care facility has operated on the subject site for more than 50 years
and predates the development of a majority of the surrounding residences and the
school. Additionally, the scope of the facility operation is not proposed to change
and the maximum number of elderly residents allowed at the facility will not
increase. Therefore, the use will not result in an adverse impact on the capacity
and physical character of the surrounding streets and/or the Circulation Element
of the General Plan.
G. The site is suitable for the type and intensity of use or development that is proposed
in that the residential care facility has operated on the subject site for more than
50 years and predates the development of a majority of the surrounding residences
and the school. Additionally, the scope of the facility operation is not proposed to
change and the maximum number of elderly residents allowed at the facility will
not increase. Pursuant to PMC 17.48.090, the use has operated in accordance
with the requirements prescribed at the time of its establishment and the
development policies and standards of the City so it is permitted to continue.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the site is already developed and contains no natural habitat
resources.
There are no relevant negative impacts of the proposed use that cannot be
mitigated.
Resolution No. P-17-10
Page 3
J. The proposed uses, location, size, design and operating characteristics of the
residential care facility, and the conditions under which it would operate or be
maintained will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvement in the vicinity, nor be contrary to
the adopted General Plan.
K. That the residential care facility use will comply with each of the applicable
provisions of this title, except for approved variances.
Section 3: The findings for DR 16-012, in accordance with Section 17.52.010
of the PMC Purpose of Development Review, are made as follows:
A. The proposed addition has been designed to be compatible in appearance to the
existing residential care facility building and conform to City development
standards. Additionally, it has been sited to minimize the amount of land form
alteration; therefore, the project respects the interdependence of land values and
aesthetics to the benefit of the City;
B. The proposed addition has been designed to conform to City development
standards and will be compatible in appearance to the existing residential care
facility building. Additionally, it has been sited to minimize landform alteration;
therefore, the project encourages the orderly and harmonious appearance of
structures and property within the City;
C. The proposed addition will not have an adverse health or safety impact upon
adjoining properties in that it has been designed to conform to City development
standards and is required to obtain and go through the necessary grading and
building permit review and construction inspection process;
D. The proposed addition has been designed to conform to City development
standards and be compatible in appearance to the existing residential care facility
building; therefore, the project respects the aesthetics of the built environment in
the area;
E. The proposed addition has been designed to be compatible in appearance to the
existing residential care facility building and conform to City development
standards. Additionally, it has been sited to minimize the amount of land form
alteration; therefore, the project will not have an adverse aesthetic, health, safety
or architecturally related impact upon existing adjoining properties, or the City in
general; and
F. The proposed addition has been designed to be in compliance with the
development standards of the Zoning Ordinance and the General Plan.
Resolution No. P-17-10
Page 4
Section 4: The City Council hereby approves MCUP 16-004 and DR 16-012, as
shown on the approved plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City may
elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City
shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the matter.
However, the applicant shall not be required to pay or perform any settlement
unless such settlement is approved by applicant.
B. Approval of this MCUP request 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.
C. Within 30 days of the date of this approval, and before the issuance of any permit:
(1) the applicant shall submit in writing that all conditions of approval have been
read and understood; and (2) the property owner shall execute a Covenant
Regarding Real Property. In order for the City to prepare the Covenant, the
applicant must first submit a legal description of the subject site.
D. 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.
E. The conditions of MCUP 16-004 and DR 16-012 shall remain in effect for the life
of the subject use and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
F. MCUP 16-004 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
G. Development on the site must comply with the Poway Noise Ordinance, Chapter
8.08 PMC. Construction work is specifically regulated by PMC 8.08.100.
Resolution No. P-17-10
Page 5
H.. The applicant shall obtain a Building Permit. Prior to issuance of a Building Permit,
the applicant shall comply with the following:
1. The applicant shall comply with the latest adopted building and electric
codes, and all other applicable codes and ordinances in effect at the time
of Building Permit issuance.
(Engineering)
2. Water Quality Control — Design and Construction
The project shall comply with the City and Regional Water Quality Control
Board stormwater requirements. The project is considered a Priority
Development Project and will be subject to all City and State requirements.
A Storm Water Quality Management Plan (SWAMP) prepared by a
registered Civil Engineer is to be submitted and approved.
a. Provide two copies of an Operation & Maintenance (O&M) plan in
accordance with Chapter 16.104 of the Poway Municipal Code, and a
signed PDF version.
b. Property owner shall execute an approved Storm Water Management
Facilities Maintenance Agreement accepting responsibility for all
structural BMP maintenance, repair and replacement as outlined in the
Operations and Maintenance plan. The operation and maintenance
requirements shall be binding on the land throughout the life of the
project as outlined in section 16.104 of the Poway Municipal Code.
3. All spoil materials from footings and foundations shall be legally disposed
of off-site or if the material is to remain onsite, the material shall be placed
per the requirements of the City grading ordinance.
4. The applicant shall incorporate Low Impact Development (LID) design
features into the site development. These shall be clearly shown and
identified on the site plan and be appropriately sized for the proposed level
of development.
5. A minimum cash security for erosion control for $2,000 is required.
6. The applicant shall attend a pre -construction meeting at the Department of
Development Services. The scheduling request shall be submitted on a
City standard form available from the City's project engineer. The
applicant's action plan that identifies measures to be implemented during
construction to address erosion, sediment and pollution control will be
discussed. Compliance for sediment control shall be provided as directed
by the project inspector.
Resolution No. P-17-10
Page 6
7. Erosion control shall be installed and maintained by the developer from
October 1 to April 30 annually. The developer shall maintain all erosion
control devices throughout their intended life.
8. The applicant shall pay the storm water pollution inspection fee according
to the latest adopted master fee schedule. The current fee amount is
$2,636. -
9. Prior to start of any work within a City -held easement or right-of-way, a
Right -of -Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
(Planning)
10. The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City departments will be
required.
11. Pursuant to the recommendations in the Cultural Resource Survey Report,
prepared by ASM Affiliates, dated November 16, 2016, for the subject
property, no cultural resources were identified on-site. However, due to the
parcel's proximity to recorded archaeological sites within one half -mile of
the site, cultural resource monitoring by a qualified archaeologist and a
Native American monitor shall be provided during ground disturbing
/excavation operations (including, but not limited to, proposed on-site
excavation for driveway, building pad, utility trenching, or construction of
stormwater improvements). The purpose of the monitoring is to ensure that
if buried cultural materials are present, they will be handled in a timely and
proper manner.
a. Prior to issuance of a Building Permit, the applicant shall provide written
verification that a certified archeologist and Native American monitor
have been retained to implement the monitoring program. This
verification shall be presented in a letter from the project archeologist to
the City of Poway — Planning Division.
b. The certified archeologist shall attend the pre -construction meeting with
the contractors to explain and coordinate the requirements of the
monitoring program.
c. During the original cutting of previously disturbed deposits, the
archeological monitor(s) shall be on-site as determined by the consulting
archeologist to perform periodic inspections of the excavations. The
frequency of inspections will depend upon the rate of excavation, the
materials excavated, and the abundance of artifacts and features.
Isolated and clearly non-significant deposits will be minimally
documented in the field so the monitored grading can proceed.
Resolution No. P-17-10
Page 7
d. In the event that previously unidentified cultural resources are
discovered, the archeologist shall have the authority to divert or
temporarily halt ground disturbance operations in the area of discovery
to allow for the evaluation of potentially significant cultural resources.
The archeologist shall contact the City of Poway at the time of discovery.
The archeologist, in consultation with the City, shall determine the
significance of the discovered resources. The City must concur with the
evaluation before construction activities will be allowed to resume in the
affected area. For significant cultural resources, a Research Design and
Data Recovery Program to mitigate impacts shall be prepared by the
consulting archeologist and approved by the City before being carried
out using professional archeological methods. If any human bones are
discovered, the county coroner and the City of Poway shall be
contacted. In the event that the remains are determined to be of Native
American origin, the Most Likely Descendant, as identified by the Native
American Heritage Commission shall be contacted in order to determine
proper treatment and disposition of the remains.
e. Before construction activities are allowed to resume in the affected area,
the artifacts shall be recovered and features recorded using professional
archeological methods for an adequate artifact sample for analysis.
f. All cultural material collected during the grading monitoring program
shall be processed and curated according to the current professional
repository standards. The collections and associated records shall be
transferred, including title, to an appropriate curation facility, to be
accompanied by payment of the fees necessary for permanent curation.
g. A report documenting the field and analysis results, and interpreting the
artifact and research data within the research context shall be completed
and submitted to the satisfaction of the City. The report shall include the
required archeological forms.
12. The building plans shall depict all roof appurtenances, including air
conditioners, architecturally integrated, screened from view and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development'Services.
13. The building plans shall identify the exterior building colors and materials
consistent with the approved project plans on file in the Development
Services Department.
14. The maximum height of the building shall not exceed 35 -feet. The building
elevation plan sheets shall clearly demonstrate compliance with the City's
height standard.
15. Vegetation management/landscape and irrigation plans shall be submitted
for review and approval. The landscape and irrigation plans shall
demonstrate compliance with the City of Poway Landscape and Irrigation
Resolution No. P-17-10
Page 8
Design Manual, Chapters 17.07 and 17.41 PMC, and all other applicable
standards in effect at the time of landscape and irrigation plan check
submittal. This includes but is not limited to the submittal of an irrigation
audit report, pursuant to Section 17.41 of the PMC, prior to final
inspections/issuance of a Certificate of Occupancy. The landscape and
irrigation plan submittal is a separate submittal from other project plan check
submittals, and is made directly to the Planning Division. Contact the
Planning Division for copies of applicable City standards, the landscape and
irrigation plan submittal checklist, and the plan review fee worksheet.
Landscape and irrigation plan review fees are required and are the
responsibility of the applicant. Any landscape areas within the adjacent
public right-of-way shall be permanently and fully maintained by the owner.
Any irrigation and landscaping within any designated Landscape
Maintenance District (LMD) and Land Development Association areas shall
be protected.
All impacted slopes greater than a 5:1 slope and Vegetation Management
Zones shall be landscaped and irrigation shall be installed to the satisfaction
of the Director of Development Services and the Fire Marshal. Impacted
slopes greater than 5:1 shall be planted with a combination of ground cover,
shrubs, and trees (with ratios and sizes consistent with the guidelines), and
shall be provided with an automatic irrigation system operational at the time
of final inspection.
16. A Tree Removal Permit approval shall be obtained prior to the removal of
any trees as part of the project development. Replacement trees shall be
provided and installed in accordance with Chapter 12.32 PMC.
17. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code and all other applicable codes and ordinances
in effect at the time of Building Permit issuance.
18. Details of any exterior lighting shall be included on the building plans,
including fixture type(s) and design. All exterior lighting fixtures are required
to be low-pressure sodium and designed such that. they reflect light
downward, and away from streets and adjoining properties.
19. Access to the subject property and parking for the subject residential care
facility is provided over an existing paved driveway that traverses across
the southerly section of Assessor Parcel Number 321-410-40, the adjacent
lot to the north of the subject site. If the subject property has an existing
reciprocal access and parking agreement to use the referenced driveway
and parking lot area provide a copy of the agreement. If an agreement does
not exist a reciprocal access and parking agreement shall be established.
Resolution No. P-17-10
Page 9
20. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 679-2570.
The following requirements shall be addressed prior to approval of occupancy:
(Engineering)
1. The applicant shall execute an approved Private Sewer Lift Station and
Sewer Line Construction, Maintenance and Liability Agreement accepting
responsibility for maintenance of, and emergency spill response for, the
private sewer facilities.
2. Final revisions to the Preliminary Storm Water Quality Management Plan
(SWQMP) will be required.
3. Any extension of proposed or existing utilities required to serve the project
shall be installed underground.
4. The drainage facilities, driveway, and all utility services shall be installed
and completed by the property owner, and inspected and approved by the
Engineering Inspector. All new utility services shall be placed underground.
5. An adequate drainage system shall be provided around the new building
pad capable of handling and disposing all surface water to the satisfaction
of the Engineering Inspector.
6. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damage to public improvements caused by construction activity from this
project.
7. The stormwater facilities shall be complete and operational prior to
occupancy.
(Planning)
8. Landscape and irrigation shall be installed and maintained in accordance
with the approved project landscape plan. Landscape inspections shall be
scheduled with the City Landscape Architect consultant at the required
inspections times throughout the landscape and irrigation installation. An
irrigation audit report shall be provided to the Planning Division pursuant to
Section 17.41 of the PMC.
J. The following requirements shall be addressed to the satisfaction of the Fire
Marshal:
1. The applicant is required to meet all applicable PMC and California State
Fire and Building Codes for this project. The applicant is encouraged to
Resolution No. P-17-10
Page 10
contact the Division of Fire Prevention at (858) 668-4473 to set up a
meeting prior to submitting building plans in order to review project
requirements.
2. This parcel is located within the very high fire hazard area of the City and
is new construction; therefore, California Building Code Chapter 7A and
PMC 15.24 will apply.
3. Fire Department access for use of firefighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
4. Every building shall be accessible to Fire Department apparatus by way of
access roadways. with an all-weather, paved driving surface of
unobstructed width, with a roadway interior turning radius of not less than
16 -feet capable of supporting the imposed loads (75,000 pounds) of fire
apparatus with a minimum of 13 feet 6 inches of vertical clearance. The
unobstructed width shall consist of 1) a minimum of 20 feet along the
private roadway portion of Budwin Lane from the intersect with the public
roadway and northerly parcel boundary; 2) a minimum 16 feet driveway. A
paved driving surface shall mean asphalt or concrete surface.
5. Dead-end access roadways in excess of 150 feet long shall be provided
with approved provisions for turning around of Fire Department apparatus.
Curves and topographical features could alter the requirements for
turnarounds and the width of access roadways. These features shall be
all-weather, paved driving surfaces. A paved driving surface shall mean
asphalt or concrete surface.
6. The building will be required to install an approved NFPA 13 automatic fire
sprinkler system meeting PMC requirements and Fire Department policies.
A separate plan submittal and approval to the Poway Fire Department,
Division of Fire Prevention, prepared by a licensed sprinkler contractor or
fire protection engineer is required prior to installation. There are separate
fees for this plan check and inspection services. Note on plans.
7. An automatic fire alarm system meeting the PMC requirements and Fire
Department policies shall be installed.
8. The building shall display the approved numbers and/or addresses in a
location plainly visible and legible from the street or roadway fronting the
property from either direction of approach. Said numbers shall contrast
with their background. The building address shall also be displayed on the
roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff Department-ASTREA criteria.
Resolution No. P-17-10
Page 11
9. If an elevator is installed, it shall meet the cart size to accommodate a
medical -sized gurney as approved by the fire department.
10. The project shall comply with Section Six of the City of Poway Landscape
and Irrigation Design Manual and PMC 15.05 as it relates to fuel
management and defensible space. One hundred feet of fuel management
consisting of 40 feet of Zone A and 60 feet of Zone B, is required. Mitigation
is required where 100 feet of fuel management cannot be achieved within
the parcel boundaries. Ten feet of vegetation fuel modification shall be
maintained on both sides of driveway, and along Budwin Lane were within
parcel limits.
Mitigation of the less than 100 -feet along the west parcel boundary and
south parcel boundary are mitigated by the existing conditions on the
adjacent parcels.
The landscape plan requires a separate landscape and irrigation plans
submittal prepared pursuant to the City of Poway Landscape and Irrigation
Design Manual requirements. There is a separate fee for this plan check
and inspection services. The applicant shall submit and receive signed
approval of landscape and irrigation plans prior to the issuance of the
building permit.
11. Smoke detectors shall be installed in all bedrooms and adjoining hallways.
The smoke detectors shall be hard -wired, with a battery backup, and shall
be wired in such a manner that if one detector activates, all detectors
activate. Note on plans.
12. Carbon monoxide detectors shall be installed in hallways adjoining
bedrooms. The carbon monoxide detectors shall be hard -wired, with a
battery backup, and shall be wired in such a manner that if one detector
activates, all detectors activate. Note on plans.
13. The project shall meet all requirements, including exiting and safe refuge
area assembly, as required for licensure by the state of California.
14. Permanent access roadways for fire apparatus shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
K. Upon establishment of the proposed use, pursuant to MCUP 16-004, the following
shall apply to the satisfaction of the Director of Development Services:
1. The maximum number of residents that may reside in the subject residential
care facility shall not exceed 21 provided that the necessary license is
maintained from the Community Care Licensing Division of the State of
California.
Resolution No. P-17-10
Page 12
2. All facilities 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. 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.
4: All lighting fixtures shall be maintained such that they reflect light downward,
away from any road or street, and away from any adjoining residential
development.
5. All landscaping, including areas 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
Landscape and Irrigation Design Manual. 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
(ANSI A300). Trees shall not be topped and pruning shall not remove more
than 25% of the trees' leaf surface.
6. If the residential care facility use for which MCUP 16-004 was issued
terminates or ceases operation for a continuous period of time in excess of
.180 calendar days except for: (1) destruction or damage by acts of God; (2)
destruction or damage by malicious acts; or (3) remodeling or rehabilitation
required prolonged closure, such remodeling or rehabilitation shall be
continuously and diligently pursued; the use permit shall expire, and shall
thereafter be of no further force or effect.
Section 5: Resolution No. P-10-16 approving MCUP 94-03M and Development
Review 09-04 approving the construction of an addition at Huntington Manor residential
care facility °located at 14577 Budwin Lane is hereby rescinded, effective upon
establishment of the use in reliance of the approval of MCUP 16-004 and DR 16-002.
Section 6: The approval of MCUP 16-004 and DR 16-012 shall expire on June
6, 2019, 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 MCUP and DR approval has commenced
prior to its expiration.
Section 7: The parties are hereby informed that the time within which judicial
review of this decision must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure.
Resolution No. P-1740
Page 13
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 6th day of June 2017.
Steve Vaus, Mayor
I:i11119*011t1
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tiaHc)(/Ne fie d, CIVIC, City Clerk
STATE OF CALIFORNIA )
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COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. P-17=gp was duly adopted by
the City Council at a meeting of said City Council held on the 6th day of June 2017, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nanc a fel , CMC, City Clerk
City of Poway