Res P-02-63
RESOLUTION NO. P-02-63
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 02-11 AND DEVELOPMENT REVIEW 02-16
ASSESSOR PARCEL NUMBER 314-370-37
WHEREAS, Conditional Use Permit 02-11 and Development Review 02-16 were
submitted by NerTamid Synagogue, for the phased development of a 17,OOO-square-foot
sanctuary/administrative/classroom building and a 12,000-square-foot multi-purpose
building which will be used to establish a Synagogue, a pre-school and a religious school.
The applicant also proposes to install temporarily, 9,300 square feet of modular buildings
(three buildings) on the site during the initial development phases of the project. The
property is zoned Rural Residential C; and
WHEREAS, on October 29, 2002, 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, the City Council does hereby resolve as follows:
Section 1: The City Council has considered the Environmental Initial Study (EIS), Mitigated
Negative Declaration (MND), and associated Mitigation Monitoring Program shown as
Exhibit A of this Resolution for Conditional Use Permit 02-11 and Development Review 02-
16. The subject EIS and MND documentation are fully incorporated herein by this
reference. The City Council finds, on the basis of the whole record before it, that there is
no substantial evidence the project will have a significant impact on the environment, that
the mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially
significant impacts to a less than significant level, and that the MND reflects the
independent judgment and analysis of the City. The City Council hereby approves the
MND and the associated Mitigation Monitoring Program attached to this Resolution as
Exhibit A.
Section 2: Pursuant to the City of Poway Subarea Habitat Conservation Plan (PSHCP), a
project specific biological report and an addendum letter by Brock Ortega of Dudek and
Associates, Inc" dated June 2002 and September 1,2002 respectively, were submitted for
the property. Project grading will impact approximately 0.55-acres of on-site Coastal Sage
Scrub, 0.56-acres of off-site Coastal Sage Scrub and 0.99-acres of Broom Baccharis Scrub
located on property outside ofthe Mitigation Areas ofthe Poway HCP. In accordance with
the Poway HCP, the required findings for approval of the proposed mitigation for the
removal of Coastal Sage Scrub and Baccharis Scrub habitatfor Conditional Use Permit 02-
11 and Development Review 02-16 are as follows:
A. The proposed project is outside of the Mitigation Area of the Poway HCP. The
mitigation is consistent with and furthers the implementing objectives of the poway
HCP in that the applicant will mitigate impacts to 0.55-acres of on-site Coastal Sage
Scrub, 0.56-acres of off-site Coastal Sage Scrub and 0.99-acres of Baccharis Scrub
Resolution No. P-02-63
Page 2
at a 2:1 ratio. Said mitigation will be through the acquisition of suitable chaparral
habitat and the recordation of an offsite Biological Conservation Easement Deed
preserving comparable undisturbed and unencumbered habitat of equal or greater
conservation value located within the HCP Mitigation Area, and/or by the payment of
In-Lieu Fees.
B. Preservation of such habitat within the Mitigation Area and/or payment of In-Lieu
Fees will contribute toward the building of the ultimate total Mitigation Area preserve
system ofthe HCP. Therefore, such habitat preservation and/or payment of In-Lieu
Fees will serve to enhance the long-term viability and function of the preserve
system.
C. The habitat preserved through offsite dedication or purchased by mitigation In-Lieu
Fees paid will be to the long-term benefit of the PSHCP covered species and their
habitats in that the recordation of a Biological Conservation Easement Deed over
undisturbed and unencumbered habitat (See "A" above) and or the payment of In-
Lieu Fees, will promote a meaningful addition to the assembly of a viable regional
system of uninterrupted natural habitat resources, habitat linkages, buffers, and
wildlife corridor.
D. The preserved habitat will foster the incremental implementation ofthe PSHCP in an
effective and efficient manner in that the preservation of offsite conservation area(s)
will be within an identified Mitigation Area within the City, and/or the payment of In-
Lieu Fees will contribute likewise towards, assembling the total Mitigation Area
preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within permanent public
biological conservation easement deeds or In-Lieu Fees will be paid.
Section 3: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for the approval of Conditional Use Permit 02-11 to construct a 17,OOO-square-foot
sanctuary/administrative/classroom building and a 12,OOO-square-foot multi-purpose
building which will be used to establish a Synagogue, a pre-school and a religious school
and the temporary placement of 9,300 square feet of modular building space (three
buildings) on the 8.6-acre site located in the 15300 block of Pomerado Road on the west
side of the street are made as follows:
A. The size and design of the Synagogue, pre-school and religious school are
permitted uses in the Rural Residential C with the approval of a Conditional Use
Permit. Therefore, the proposed location, size, design and operating characteristics
of the uses are in accordance with the title and purpose of Section 17.48.070 of the
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Page 3
Poway Municipal Code, the purpose of the zone in which the site is located, the City
General Plan and the development policies and standards of the City.
B. The Synagogue, pre-school and religious school have been designed to comply with
the Poway General Plan and Municipal Code and will be consistent with surrounding
development. Therefore, the location, size, design and operating characteristics of
the proposed uses will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, buildings, structures, or natural resources.
C. The Synagogue, pre-school and religious school 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.
D. There are public facilities, services and utilities available to the site.
E. The Synagogue, pre-school and religious school have been designed to comply with
the Poway General Plan and Municipal Code standards and the uses will be
compatible with surrounding development. Therefore, there will be no harmful effect
upon desirable neighborhood characteristics.
F. The Synagogue, pre-school and religious school will not result in a significant impact
on the character or the intensity of the transportation system in the vicinity and is
found to be consistent with the Circulation Element of the General Plan.
G. The Synagogue, pre-school and religious school are allowable on land zoned Rural
Residential C and the property is located in an area with suitable circulation and
other infrastructure. The surrounding development is compatible with the proposed
uses. Therefore, the site is suitable for the Synagogue, childcare facility and private
school.
H. The use involves no hazardous materials or processes, nor does it significantly
affect natural resources. Therefore, there will not be significant harmful effects upon
environmental quality and natural resources.
I. There are no other relevant negative impacts of the proposed use that cannot be
mitigated.
J. The impacts, as described above, and the proposed location, size, design and
operating characteristics of the proposed use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity nor be
contrary to the adopted General Plan.
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The proposed conditional use will comply with each of the applicable provisions of Section
17.48.070 of the Poway Municipal Code with regard to current development standards.
Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
for Development Review 02-16 for the construction of a 17,OOO-square-foot
sanctuary/administrative/classroom building and a 12,OOO-square-foot multi-purpose
building and temporary installation of 9,300 square feet of modular building space (three
buildings) on the 8.6-acre site located in the 15300 block of Pomerado Road on the west
side of the street are made as follows:
A. The Synagogue, child care facility and private school buildings have been designed
to comply with the development standards of the Poway General Plan and Municipal
Code. It will not create a negative visual impact as viewed from the street and
neighboring properties. Proposed landscaping will soften the building from such
views. Exterior colors and materials will help the buildings blend in with surrounding
development. Therefore, the building respects the interdependence of land values
and aesthetics to the benefit of the City.
B. The buildings have been designed to comply with the development standards ofthe
Poway General Plan and Municipal Code and be in character with existing
development in the area. Therefore, the proposed development does not conflict
with the orderly and harmonious appearance of structures and property within the
City along with associated facilities, such as but not limited to signs, landscaping,
parking areas and streets.
C. There are public facilities, services and utilities available. No significant traffic
impacts will occur with this development. The project will otherwise conform to all
City ordinances. Therefore, the proposed project does not detract from the
maintenance of the public health, safety and general welfare, and property
throughout the City.
D. The buildings are designed to be consistent in design with surrounding
development. Therefore, the proposed development respects the public concerns
for the aesthetics of developments.
E. The proposed project will meet the required design regulations and 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.
F. The proposed project will comply with all of the provisions of the Zoning Ordinance,
and the General Plan.
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Section 5: Pursuant to Government Code Section 66020, the public improvements for
Conditional Use Permit 02-11 and Development Review 02-16 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 to serve this project. The payment of
water, sewer, drainage and traffic mitigation fees are needed as a result of the
proposed development to protect the public health, safety and welfare as identified
below:
1. The project requires payment of sewer, water, drainage and traffic mitigation
fees, which are assessed on a pro-rata basis to finance and provide public
infrastructure improvements, which promote a safe and healthy environment
for the residents of the City.
Section 6: The City Council hereby approves Conditional Use Permit 02-11 and
Development Review Permit 02-16 a proposal to construct a 17,000-square-foot
sanctuary/administrative/classroom building and a 12,000-square-foot multi-purpose
building as shown on the plans dated July 24, 2002. The project will be completed in three
phases. During the initial development phases, 9,300 square feet of modular buildings
(three buildings) will be installed on the site to house the Synagogue, pre-school and
religious school. The project phasing will include Phase 1N (installation of 9,300 square
feet of modular buildings), Phase 1 B (construction of 11 ,000 square feet of a portion of the
permanent sanctuary building), Phase 2 (construction of an additional 6,000 square feet of
sanctuary building), Phase 3 (construction ofthe 12,000-square-foot multi-purpose building
and removal of modular buildings). The property is located in the 15300 block of Pomerado
Road on the west side of the street within the Rural Residential C zone. The approval is
subject to the following conditions:
A. Approval of this Conditional Use Permit request shall apply only to the subject
project and existing uses 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 on Real Property which states that the applicant
must abide by the conditions contained in this Resolution.
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
commercial uses.
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D. The conditions of this CUP shall remain in effect for the life of the project and shall
run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
E. Conditional Use Permit 02-11 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. A mandatory
administrative review shall be completed on the use(s) in October 2007 to consider
development progress of the project.
F. All construction activity on the project site, including equipment preparation, shall be
limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, and Saturday
8:00 a.m. to 6:00 p.m.
G. Any changes in the approved use of the building, including but not limited to the
number of students, the hours of operation, or the seat capacity in the assembly
area that results in an increase in required parking, will require the approval of a
modification to this Conditional Use Permit. Depending on 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.
H. Approval of CUP 02-11 and DR 02-16 does not include sign approval. Any signs
proposed for this development shall be designed and approved in conformance with
the Sign Ordinance of the Poway Municipal Code.
I. The applicant shall contact St. Michael's Church regarding the feasibility of entering
into a shared parking agreement to handle any additional parking needs over the
lifetime of the project.
Phase 1A and 1B
J. The applicant shall obtain a Grading Permit. Compliance with the following is
required prior to issuance of a Grading Permit:
1. The grading plan shall be prepared on a City of Poway standard mylar at a
scale of 1"=20', and shall be submitted along with a Grading Permit
application and applicable fees to the Development Services Department -
Engineering Division for review and approval. A grading plan submittal
checklist is available at the engineering division front counter. At a minimum,
the grading plan shall show the following:
a. All driveway approaches to the development shall be with alley type
curb returns.
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b. A separate erosion control plan for prevention of sediment run-off
during construction.
c. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a minimum five-foot
setback from open space areas and property lines. Buildings shall be
located at least five feet from tops and toes of slopes, unless waived
by the Planning Division and/or Engineering Division prior to issuance
of a Grading Permit.
d. All utilities, together with the appurtenances, and any easements.
Encroachments are not permitted upon any easement without an
approved Encroachment Agreement/Permit.
e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
f. All new drainage improvements with pertinent elevations and grades.
g. All pavements for proposed parking lot shall be in accordance with the
minimum specifications of the City of Poway Municipal Code Section
12.20.080.
h. Water and sewer connections to the new facilities.
I. Any proposed retaining walls, and top and bottom of wall elevations.
j. The location of construction staking of remaining habitat.
k. Note the location of construction staging area.
2. A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan. A slope stability analysis shall accompany the soils report for
any proposed fill slope over two feet in height.
3. The drainage system shall be capable of handling and disposing all surface
water within the project site, and all surface water flowing onto the project site
from adjacent lands. Said system shall include all easements required to
properly handle the drainage. Concentrated flows across driveways are not
permitted.
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4. Drainage catch basins, inlets, grate basins or similar structures shall be
designed to be equipped with structural Best Management Practices (BMPs)
for interception of pollutants and/or sediments before leaving the project site.
BMPs are subject to review and approval by the City.
5. Paving of the parking lot shall conform to the standards set forth in Section
12.20.080 of the Poway Municipal Code.
6. To insure compliance with the Clean Water Act, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination of non-storm run-off into the storm drain system orthe natural
stream. The SWPPP shall include, but not be limited to, measures to protect
construction material from being exposed to storm run-off, protection of all
storm drain inlets, on-site concrete truck wash and waste control, and other
means of Best Management Practices to effectively eliminate pollutants from
entering the storm drain system. The applicant shall certify the SWPPP prior
to approval of the grading and improvement plans. The SWPPP may be
incorporated with the erosion control plan, but shall be under separate cover
from the grading and improvement plans.
7. The applicant shall pay all applicable engineering; plan checking, permit and
inspection fees. The driveway construction cost shall be included in the cost
estimates for plan checking and determination of inspection fees.
8. Grading securities in the form of a performance bond, a cash deposit, or a
letter of credit shall be posted with the City.
9. The applicant shall apply for a water system analysis to establish the location
of fire hydrants, as determined by the Fire Marshal, and to determine the
adequacy of the existing water mains and any necessary water main
extension to serve the project. The cost of the analysis shall be paid by the
applicant.
10. Neither removal of Gnatcatcher habitat grading, or construction in the vicinity
of such habitat may take place within nesting season (February 15th to
August 15th). Exceptions may be permitted if it can be proven, to the
satisfaction of the Director of Development Services, that no impacts to
protected species will occur. Any proposed clearing or grading during such
dates will require a pre-construction survey for California Gnatcatchers and
other breeding avian types to determine the location of any active nests. Any
identified raptor nests shall be avoided. Further no more than three days
prior to the initiation of potential construction-related disturbance of suitable
nesting habitat, a breeding bird survey shall be conducted to detect any
protected native birds in the habitat to be removed, and any other such
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habitat within 300-feet of the construction work area (within 500 feet for
raptors). The survey must be conducted by a qualified biologist with
experience in conducting breeding surveys. During the nesting season, a
qualified biologist shall be on the site to monitor during vegetation clearing,
grading, and construction to insure that no avian breeding behavior is
disrupted. If an active nest is located, clearing and construction within 300
feet of the nest (within 500 feet for raptor nests) shall be postponed until
August 15th, or until the nest is vacated and juveniles have fledged and there
is no evidence of a second attempt at nesting. Approval of any such in-
season construction will require adequate mitigation to avoid direct and
indirect impacts.
11. The applicant shall provide mitigation to the satisfaction of the Director of
Development Services consistent with the Poway Habitat Conservation Plan
and mitigate impacts 0.55-acres of on-site_Coastal Sage Scrub habitat, 0.56
acres of off-site Coastal Sage Scrub and 0.99-acres of Broom Baccharis
Scrub at a 2:1 ratio (total mitigation 2.22-acres of Coastal Sage Scrub and
1.98-acres of Broom Baccharis Scrub). Said mitigation shall be through the
dedication of an off-site biological conservation easement preserving
comparable undisturbed and unencumbered habitat, and/or by the payment
of In-Lieu Fees.
12. A deed covenant shall be recorded on the property to the satisfaction of the
Director of Development Services that any remaining habitat on-site cannot
be removed without City approval.
13, Prior to any clearing, grubbing, or grading, the applicant shall comply with the
following. At a minimum, all protected areas as shown on the grading plans
shall be staked by a licensed surveyor and delineated with lathe and ribbon.
The applicant shall have said staking inspected by the Engineering Inspector
prior to grading. A written certification from the engineer of work or a
licensed surveyor shall be provided to the Engineering Inspector stating that
all protected areas are staked in accordance with the approved project plans.
14. Concurrently with the submittal of the grading plan, a separate set of
improvement plans for the onsite water improvements shall be submitted to
the Engineering Division.
15. Submittal of a request for and hold a preconstruction meeting with a City
Engineering Inspector. The applicant/developer shall be responsible that
necessary individuals, such as but not limited to, contractors, subcontractors,
project civil engineer and project soils engineer must attend the
preconstruction meeting.
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16. A Right-of-Way Permit shall be obtained from the Engineering Division ofthe
Development Services Department for any work to be done in public street
rights-of-way or City-held easements.
17. 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 the South Poway Specific Plan.
18. Erosion control, including but not limited to desiltation basins, if necessary,
shall be installed and maintained from October 15th to April 15th. The plan
shall be prepared by the project civil engineer and shall be submitted as part
of the grading plan. The applicant shall make provisions to insure proper
maintenance of all erosion control devices.
19. All two-way traffic aisles shall be a minimum of 25 feet wide.
20. The grading plan shall be revised to modify the long linear landscape
planters in the parking lot to provide through access for pedestrians and a
sidewalk shall be provided from the cul-de-sac ofthe private access road to
the main sanctuary building.
21. The grading plan shall show and note all required parking and note any
proposed phasing of parking lot improvements. The project shall comply
with minimum parking standards throughout all phases of development. In
accordance with the Poway Municipal Code, a minimum of 170 on-site
standard-sized parking spaces shall be provided at build-out (based on an
assembly area of 7,000 square feet [156 spaces required] and 7 classrooms
in the main Synagogue building at 2 spaces/classroom [14 spaces required ).
The site plan shall be revised to provide for motorcycle and bicycle parking.
The minimum dimensions of a motorcycle space shall be 4 feet x 8 feet. All
parking spaces shall be double striped. The minimum dimensions for
standard sized parking stalls shall be 8.5 feet x 18.5 feet. The parking lot
design shall comply with the Americans with Disabilities Act for accessible
spaces.
22. The grading plan shall show, at parking lot islands, a minimum 12-inch-wide
walk adjacent to parking stalls. It shall also depict wheel stops where
overhanging vehicles would reduce the minimum required planter
dimensions.
23. Complete landscape construction documents (and plan check fee) shall be
submitted for all areas of new construction. The plans shall note the
improvements that will be completed during each development phase. Plans
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shall be prepared in accordance with the Poway Zoning Code, and Guide to
Landscape Requirements and shall include but not be limited to the following:
a. Landscaping for all newly manufactured and disturbed slopes greater
than a 5:1 slope.
b. Street trees per the above landscape requirements, at 30 feet on
center, with flexibility in clustering the trees to promote a natural
appearance in the spacing.
c. Landscaping for all new parking lots per the above landscape
requirements, including a minimum of one 15-gallon size broad
spreading evergreen tree for every three spaces, and landscape
islands between every 8 to 10 parking spaces. Parking lot shall be
provided with landscaping sufficient to screen parking areas from the
street, using earth berms, walls and/or plantings. Screening shall
achieve a minimum height of 36 inches except where site distances
are a factor.
d. Irrigation plans consistent with the above landscape requirements.
e. The owner shall permanently and fully maintain landscaped areas
within the adjacent public right-of-way.
f. Parking spaces may not overhang required landscape setback areas
or landscape islands or strips, which have an inside, dimension less
than 6 feet.
g. Landscape areas between buildings and parking shall be at least 8
feet wide, not including sidewalks.
h. Interim landscaping and irrigation shall be installed around the
modular buildings.
24. To minimize possible change to surface flows that could result from
pedestrian, cyclists, and other use in the area, the developer shall install
fencing along the outer edge of the on-site watershed of the vernal pools and
the limits of the pedestrian path that traverses the watershed area.
K. Compliance with the following conditions is required prior to construction of public
improvements.
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1. Submittal to the City for review and approval of improvement plans for onsite
public water system and street improvements to the Development Services
Department for approval.
a. Water main line - Water main lines extension shall be constructed, as
needed, for fire hydrant/s installation. 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. The City Fire
Marshal reserves the right to require an analysis even for existing
hydrant/s for compliance to current fire flow standards and
specifications,
b. Sewer main line in the proposed private road for TPM 01-04.
c. Concrete sidewalk - A 6-foot-wide sidewalk shall be constructed
along the southerly side of the private road, from Pomerado Road to
the driveway entrance to the project.
d. Pedestrian Access - A 1 O-foot-wide access surfaced with a minimum
of 6 inches decomposed granite, from the private road cul-de-sac
thence southwesterly to the southerly line of the parcel.
e. Traffic Siqnal Modification - Modification of the existing traffic signal at
the intersection of Pomerado Road and Casa Avenida. The
modification shall provide a signal phasing to allow through and/or left
turn vehicle movements exiting from the proposed private road in the
subdivision, and left turn vehicle movements to the subdivision from
northbound Pomerado Road traffic. The modification shall also
provide for pedestrian crosswalks at the proposed private road and
Pomerado Road. It shall also include, but is not limited to, installation
of appurtenant traffic signal fixtures, appropriate street striping and
signage to the satisfaction of the City Engineer.
2. 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, and the current San Diego Regional Standard Drawings.
3. All new and existing electrical/communication/CATV utilities shall be installed
underground prior to installation of concrete curbs, gutters, sidewalks and
surfacing of the streets. The applicant/developer is responsible for complying
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with the requirements of this condition, and shall make the necessary
arrangements with each of the serving utilities.
4. The locations and sizes of all utility boxes and vaults within street rights-of-
way and the City's public utility easement shall be shown on the improvement
plans. Utility boxes shall be screened by landscape or architecturally from
general view from the right of way.
5. The applicant/developer shall pay the following fees and post or pay
appropriate securities:
a. Improvement plan checking and inspection fees.
b. Performance and payment securities. These securities may be
waived by the City Engineer if substantial amount of grading is
completed prior to installation of public improvements and there is
sufficient amount of grading securities still held by the City to complete
the remainder of the grading works and public improvements.
c. Right-of-Way and/or Encroachment Permits, if required as hereupon
mentioned.
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, subcontractors,
project civil engineer and project soils engineer must attend the pre-
construction meeting.
7. A Right-of-Way Permit shall be obtained from the Engineering Division ofthe
Development Services Department for any work to be done in public street
rights-of-way or City-held easements.
8. No private improvements shall be placed or constructed within public street
rights-of-way or City easements unless anyone of the following is satisfied:
a. An Encroachment Permit has been issued by the City for the
improvements; or
b. An Encroachment Removal Agreement has been executed by the
developer/owner and subsequently approved by the City; or
c. Approval of grading or improvement plans, on which a Right-of-Way
Permit has been issued for the private improvements shown to be
constructed.
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The City reserves the right to choose any or all of the above, under certain
circumstances when City deems necessary.
9. The applicant/developer shall cause the dedication of the following
easements to the City:
a. An easement, a minimum of 20.00 feet wide for each new public water
line, shall be dedicated to the City (if new waterline extension is
required for new fire hydrant/s for this project). This easement can be
dedicated either by a separate instrument or through the parcel map
of TPM 01-04.
b. An easement, a minimum of 20.00 feet wide for each new public
sewer main line, shall be dedicated to the City (if new waterline
extension is required for new fire hydrant/s for this project). This
easement can be dedicated either by a separate instrument or
through the parcel map of TPM 01-04.
c. A 1 O.OO-foot wide pedestrian access easement contiguous with the
southerly line of the proposed private road in Parcels 1 and 2 ofTPM
01-04. This easement can be dedicated either by a separate
instrument or through the parcel map of said TPM 01-04.
*A processing fee shall be paid to the City at first submittal of
easement document for review. Recordation ofthe easements in the
office of the San Diego County Recorder may be deferred, with the
approval of the City Engineer, prior to issuance of building occupancy.
d. The applicant shall grant an easement for equestrian/pedestrian
purposes acceptable to the Director of Development Services.
Acceptance of the easement shall be approved by the City Council.
Public notice of the City Council review of the easement shall be
provided to those who submitted a speaker slip at the October 29,
2002 public hearing.
L. The applicant shall obtain a Building Permit. Compliance with the following
conditions is required prior to issuance of a Building Permit.
1. The applicant shall submit a revised site plan showing the following:
a. The 14 parking spaces located closest to the single family home
located immediately south of the of the subject property shall be
moved to another location in the parking lot to create a larger buffer
from the parking areas for the residence.
Resolution No. P-02-63
Page 15
b. A fence plan shall be provided. For any fence that exceeds 6 (six)
feet in height, the applicant shall obtain approval of a Variance prior to
installation. Input from the owner of the property at 15359 La Manda
Drive shall be obtained on the design of the wall along his property
lines. The fence plan shall show the following:
c. A maximum 8-foot-high decorative masonry wall along the shared
property lines with the adjacent single-family home located at 15359
La Manda Drive. If the wall exceeds 6 feet in height, the applicant
shall process a Variance application that will require a public hearing
before the City Council.
d. To limit disturbance within the 100-foot buffer zone of the watershed
for the vernal pools located on the adjacent property to the south, a
maximum 8-foot high "good neighbor" wood fence, rather than a wall,
shall be shown along the shared property line with the residential lot
located at 15347 La Manda Drive.
e. A fence shall be shown along the western property line along La
Manda Drive. The fence shall be designed so it cannot be modified to
provide illegal entry and shall not contain any gates.
f. An equestrian trail shall be shown along the western and northern
portion of the site, to the satisfaction of the Director of Development
Services.
2. The site shall be developed in accordance with the approved site plan and
elevations on file in the Development Services Department and the
conditions contained herein. Grading of lots shall be in accordance with the
Uniform Building Code, the City Grading Ordinance, the approved grading
plan, the approved soils report, and grading practices acceptable to the City.
3. Erosion control, including but not limited to desiltation basins, if necessary,
shall be installed and maintained by the developer throughout construction of
the project.
4. Rough grading of the project site shall be completed and meet the approval
of the City Inspector and shall include submittal of the following.
a. A certification of line and grade, prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City.
5. City approval of a soil compaction report shall be obtained.
Resolution No. P-02-63
Page 16
6. Prior to start of any work within City-held easements or right-of-way, a Right-
of-Way Permit shall be obtained from the Development Services Department,
Engineering Division. All appropriate fees shall be paid prior to permit
Issuance.
7. Necessary Building Permits and approvals shall be obtained for the modular
buildings prior to installation. Architectural enhancements shall be added to
the modular buildings to the satisfaction of the Director of Development
Services. Building plans showing the proposed enhancements shall be
submitted to the Development Services Department, Planning Division for
review and approval.
8. 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.
9. The building plans shall identify the exterior building colors and materials
consistent with the project plans on file in the Development Services
Department for Conditional Use Permit 02-11 and DR 02-16 dated July 24,
2002, and project materials/color sample board on file, except as modified
herein. The maximum building height shall not exceed 35 feet.
10. The site plan shall show and note all required parking.
11. A 6-foot-high masonry wall shall enclose trash receptacles with view
obscuring gates, Locations shall be subject to approval by the Planning
Division.
12. 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.
13. 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. Parking lot lights
shall not exceed a maximum height of 18 feet from the finished grade.
14. The following development fees shall be paid to the Engineering Division
(unless other payee is indicated). The following fee amount is currently in
effect and is subject to change without notice with the exception of water
Resolution No. P-02-63
Page 17
meter connection, and expansion fees. The applicant shall pay the amount
in effect at the time of Building Permit issuance.
Water base capacity fee* (Resolution No. 91-123)
For :y." meter = $ 3,710.00 per meter
For 1" meter = $ 6,678.00 per meter
For 1 '12" meter = $10,388.00 per meter
Other meter sizes = Contact Engineering Division
Water meterfee* (Resolution No. 91-123)
For :y." meter = $ 130.00 per meter
For 1" meter = $ 270.00 per meter
For 1 '12" meter = $ 600.00 per meter
Other meter sizes = Contact Engineering Division
SDCWA capacity charge* (applicable to potable water only) - To be paid by
separate check, payable to San Diego County Water Authority but remitted
through the City of Poway.
For :y." meter = $2,004.00 per meter
For 1" meter = $3,206.00 per meter
For 1 '12" meter = $6,012.00 per meter
Other meter sizes = Contact Engineering Division
Sewer connection fee - This sewer connection fee is subject to change. At
least two weeks prior to request for issuance of Building Permit, applicant
shall provide the City with necessary information to calculate the fee amount.
Phase 1A - Construction of a 9,360 SF of modular building broken
down to 5,000 SF of temple (assumed 8 fixture units), 1,440 SF for
preschool for 20 to 40 students, and 2,920 SF of religious school
for 40 to 80 students = $12,958.00
# of EDU's = (8 fixtures + 4 fixtures/EDU) + {(40 students x 12 gpd)
+ 250 gal/student} + {(80 students x 12 gpd x 2/5*) + 250
gal/student} = 5.46 say 5.5 EDU's
5.5 EDU's x $2,356 = $12,958.00
* 2 days religious school use in a 5-day week.
Phase 1 B - Construction of a 11 ,OOO-SF permanent sanctuary
building supplemented with 4,360 SF (1,440 + 2,920 in Phase 1A)
= $4,712.00**
Resolution No. P-02-63
Page 18
Net increase in building area from Phase 1 A to Phase 1 B = 11,000
SF - 5,000 SF in Phase 1A = 6,000 SF (with assumed 8 fixture
units)
# of EDU's = (8 fixtures + 4 fixtures/EDU) = 2 EDU's
2 EDU's x $2,356.00 = $4,712.00
.. Subject to change. Need to verify prior to Building Permit
Issuance,
Phase 2 - Construction of the ultimate 17,000 SF of sanctuary and
12,000 SF of multipurpose building = To be determined prior to
Buildina Permit issuance
(17,000 SF + 12,000 SF) + 2,000 SF/EDU = 14.5 EDU's
(14.5 x $2,356) - credit on Phase 1A - Credit on Phase 1 B = To be
determined
Sewer cleanout fee = $50.00 per cleanout
Sewer cleanout inspection fee = $25.00 per cleanout
Traffic mitigation fee - This fee is subject to change. At least two weeks prior
to request for issuance of Building Permit, applicant shall provide the City
with necessary information to calculate the fee amount.
Area of property = 8.66 Acres
Traffic generated = 60 trips /acre x 8.66 = 519.6 trips say 520 trips
520 x $16.50 = $8,580.00 total traffic mitigation fee
Phase 1A = $2.769.27
(9,360 SF + 29,000 SF total building area) x 520 x
$16.50/trip = $2,769.27
Phase 2 = $1.775.17
(6,000 SF + 29,000 SF) x 520 x $16.50 = $1,775.17
Phase 2 = $4.035.56
{(29,000 - 9,360, - 6,000) + 29,000} x 520 x $16.50 =
$4,035.56
Drainage fee = $10,392.00
8.66 Acres x $1,200 = $10,392.00 total drainage fee
Resolution No. P-02-63
Page 19
Park fee = None
M. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
Applicable to the Modular Buildinas and the Permanent Buildinas:
1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and
City of Poway Ordinance No. #64.
2. The buildings shall display their numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches on
the front facade of the building. Building address shall also be displayed on
the roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff's Department ASTREA criteria.
3. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of not
less than 20 feet of unobstructed width, with adequate roadway turning
radius capable of supporting the imposed loads of fire apparatus and having
a minimum of 13 feet, 6 inches of vertical clearance. The road surface type
shall be approved by the City Engineer, pursuant to the City of Poway
Municipal Code.
4. The building will be required to install an approved fire sprinkler system
meeting PMC requirements. Entire system is to be monitored by central
monitoring company. System post indicator valves with tamper switches,
also monitored, are to be located by the City Fire Marshal prior to installation.
5. An automatic fire alarm system shall be installed to approved standards by a
properly licensed contractor. The system shall be completely monitored by a
U.L. listed central station alarm company or proprietary remote station.
6. 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.
7. A "Knox" Security Key Box shall be required for the buildings at a location
determined by the City Fire Marshal. A "Knox" padlock shall be required for
the fire sprinkler post indicator valve.
8. 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.
9, Permanent access roadways for fire apparatus shall be designated as "Fire
lanes" with appropriate signs and curb markings.
Resolution No. P-02-63
Page 20
10. A minimum 3A:40BC fire extinguisher is required for every 3,000 square feet
and 75 feet travel distance.
11. If an elevator is installed, it shall be sized to accommodate a normal hospital
gurney. Minimum dimensions for the inside car platform shall be 6'8"wide by
4'3" deep. This requirement does not apply to the modular buildings.
12. The addition of on-site fire hydrants is required. The location ofthe hydrants
shall be determined by the City Fire Marshal.
13. Prior to delivery of combustible building material on-site, the water system
shall satisfactorily pass all required tests and be connected to the public
water system. In addition, the first lift of asphalt paving shall be in place to
provide adequate, permanent access for emergency vehicles. The final lift of
asphalt shall not be installed until all other construction activity has been
substantially completed to the satisfaction of the City.
14. Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit man
door or shall be located inside an enclosed closet with an exterior access
man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser."
When the closet method is chosen, applicant shall provide 36 inches of
clearance from the standpipe or attached additional risers, accessible by a
3'0" man door.
N. Prior to issuance of a Certificate of Occupancy for each phase, the applicant shall
comply with the following:
All Phases
1. The site shall be developed in accordance with the approved plans on file in
the Development Services Department for both CUP 02-11 and DR 02-16
along with the conditions contained therein/herein. A final inspection from
the appropriate City Departments will be required and approval for
occupancy obtained.
2. All graded slopes and parking lot planter areas shall be planted and irrigated
in accordance with the approved landscape plans. If parking lot
improvements are phased, the associated parking lot planter areas shall also
be completed.
3. Driveways, drainage facilities, slope landscaping and protection measures,
and utilities, shall be constructed and completed, and inspected by the
Engineering Inspector.
4. An adequate drainage system capable of handling and disposing all surface
water shall be provided to the satisfaction of the Engineering Inspector.
Resolution No. P-02-63
Page 21
5. All proposed utilities within the project site shall be installed underground.
6. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per section
16.52.130B of the grading ordinance. Record drawings shall be submitted in
a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities.
7. Completion of public improvements.
8. City approval of record drawings of the grading and improvement plans.
9. Dedication of easements to the City for new public water lines, sewer main
line, traffic signal modification and public access easement.
10. Posting of a warranty bond for the constructed public water system
improvements shall remain in effect for a period of one year.
11. Grading securities shall be released only upon completion ofthe grading and
upon City approval of the record drawings of the grading plans.
12. Performance securities for public improvements, if posted and separate from
the grading securities, shall only be reduced twice before completion of
improvements.
13. Payment securities and remaining performance securities, if any, shall be
released no sooner than 90 days after City's acceptance of improvements,
posting of warranty security, and approval of record drawings.
14. All landscaped areas shall be maintained in a healthy and thriving condition,
free from weeds, trash, and debris. 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.
15. Completion of parking facilities in accordance with approved phased parking
lot plan required with Condition I. 21.
Phase IA -Modular Buildinqs
1. The Pedestrian Access path and equestrian trail shall be dedicated as a
public access easement and shall be improved to the satisfaction of the
Director of Development Services and the Director of Public Works.
2. Tentative Parcel Map 01-04 shall be recorded.
3. All fencing pursuant to the approved fence plan shall be installed.
4. Installation of interim landscaping and irrigation.
Resolution No. P-O2-63
Page 22
5. Completion of all Building Division and Fire Department requirements for the
modular buildings.
6. The applicant shall provide a street light at the end of La Manda Drive and a
gate across the driveway to prevent vehicle access beyond the existing
paved street. The design and location of the gate shall be to the satisfaction
of the Director of Development Services and the Fire Marshal.
Phase II
1. Completion of all items listed under Condition N. in the All Phases section.
Phase III
1. Completion of all items listed under Condition N. in the All Phases section.
2. All of the modular buildings shall be removed from the property and the site
restored in conformance with the approved construction plans to the
satisfaction of the Director of Development Services.
O. The following performance standards shall apply to the Synagogue/pre-
school/religious school upon establishment of the uses:
1. The use of the main sanctuary building and multi-purpose building shall be
limited to education and religious activities, along with related accessory
uses.
2. The activities ofthe main sanctuary building and multi-purpose building shall
not occur in such a manner as to create adverse impacts on the circulation
and parking on surrounding public streets and La Manda Drive.
3, The facility shall be operated in such a manner as to minimize any possible
disruption 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 form any source, or any loudspeaker sound amplification system,
exceed the noise standards contained in the Poway Municipal Code.
4. The parking areas and driveways shall be well maintained.
5. The owner or operator of the facilities shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
6. La Manda Drive shall not be used for parking.
7. The southernmost row of parking shall be chained off and only used if there
are not enough parking spaces in the remainder of the parking lot for the
approved uses to occur.
Resolution No. P-02-63
Page 23
8. Parking lot lights shall be turned off when there are no activities occurring on
the site. Security lighting is permitted to remain on provided it has proper
shielding and does not create glare on adjacent properties. Consideration
shall be given to the use of motion sensor security lights where appropriate.
Section 7: The approval of Conditional Use Permit 02-11 and Development Review 02-16
shall expire on October 29, 2004, 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/DR approval has
commenced prior to its expiration.
Section 8: Pursuant to Government 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 October 29, 2002.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 29th day of October 2002.
ATTEST:
~1"u Cìt~ooQ
Sherrie D. Worrell, Deputy City Clerk
Resolution No. P-02-63
Page 24
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk ofthe City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-02-63, was duly adopted by the
City Council at a meeting of said City Council held on the 29th day of October 2002, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
~ 01LÙ Û1~
Sherrie D. Worrell, Deputy City Clerk
City of Poway
Resolution No. P-02-63
Page 25
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR CUP 02-11 and DR 02-16
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting 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 environment. The
reporting or monitoring program shall be designated to ensure compliance during project
implementation." This mitigation-monitoring program has been prepared in accordance
with Section 21081.6 of the Public Resources Code.
Non-compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction activities.
The order shall remain in effect until compliance is assured. Non-compliance situations,
which may occur subsequent to project construction, will be addressed on a case-by-case
basis and may be subject to penalties according 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.
1. Biological Resources
Impact: The project will impact 0.55 acres of on-site Coastal Sage
Scrub, 0.56 acres of off-site Coastal Sage Scrub (road
impacts) and 0.99 acres of Broom Baccharis Scrub.
Mitigation: Mitigate impacted habitat at a minimum 2:1 ratio in accordance
with the Poway Subarea Habitat Conservation Plan through
off-site dedication of comparable quality, unencumbered
habitat located within the Mitigation Area or payment of a
habitat Mitigation In-Lieu Fee.
No clearing, grading or construction activity shall occur during
the nesting season of the California Gnatcatcher (February
15th through August 15th). Any identified raptor nests shall be
avoided. Further, no more than three days prior to the initiation
of potential construction related disturbance of suitable nesting
habitat, conduct a breeding bird survey to detect any protected
native birds in the habitat to be removed, and any other such
habitat within 300 feet of the construction work area (within 500
feet for raptors). The survey must be conducted by a qualified
biologist with experience in conducting breeding surveys.
During the nesting season, a qualified biologist shall be on the
site to monitor during vegetation clearing, grading and
construction to insure that no avian breeding behavior is
disrupted. If an active nest is located, clearing and
Resolution No. P-02-63
Page 26
construction within 300 feet of the nest (within 500 feet for
raptor nests) shall be postponed until August 15th, or until the
nest is vacated and juveniles have fledged and there is no
evidence of a second attempt at nesting.
To minimize possible change to surface flows that could result
from pedestrian, cyclists, and other use in the area, the
developer shall install fencing along the outer edge of the on-
site watershed of the vernal pools and the limits of the
pedestrian path that traverses the watershed area.
Timing: Mitigation shall be completed prior to issuance of Grading or
Administrative Clearing Permit.
Responsibility: Applicant
2. Hydrology
Impact: The project will result in an incremental increase in surface
runoff, which could potentially degrade water quality in the
area.
Mitigation: To minimize the potential for polluted runoff during construction
on the site, development of the property will require compliance
with Regional Water Quality Control Board regulations and
submission of proof from the Board of compliance.
Timing: Prior to issuance of Grading or Administrative Clearing Permit.
Responsibility: Applicant
3. Traffic
Impact: The project will result in an incremental increase in traffic in the
area.
Mitigation: The applicant shall modify the existing traffic signal at
Pomerado Road and Casa Avenida to add a fourth phase
which will produce additional gaps in the traffic along
Pomerado Road.
Timing: Prior to occupancy of the modular building.
Responsibility: Applicant