Res P-17-18RESOLUTION NO. P-17-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 17-001 AND DEVELOPMENT REVIEW 17-001
ASSESSOR'S PARCEL NUMBER 314-370-39
WHEREAS, Conditional Use Permit 17-001 and Development Review 17-001 was
submitted by Marla Martin, Applicant / Ner Tamid North County Conservative Synagogue,
Owner, a proposal to increase the maximum number of children at the existing
preschool/elementary school from 85 to 153 students and to add two modular classroom
buildings totaling 2,880 square feet to the existing modular building school complex
located at 12348 Casa Avenida within the Rural Residential -C (RR -C) zone; and
WHEREAS, on October 3, 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 Conditional Use Permit 17-001 to expand the
scope of the private pre-school operating on the Ner Tamid Synagogue property to
increase the maximum number of children at the existing preschool/elementary school
from 85 to 153 students, include infant care and add two modular classroom buildings
totaling 2,880 square feet to the existing modular building school complex, are made as
follows:
A. The school is a permitted use in the RR -C zone with the approval of an CUP and
the school use has operated for more than 10 years on the site without complaints
being received. The school is primarily an indoor operation and even with the
increase in student enrollment will only have one class outside using the
playground at a given time. Therefore, there will not be an increase in noise levels.
The location, size, design and operating characteristics of the proposed use 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.
Resolution No. P-17-18
Page 2
B. The location, size, design, and operating characteristics of the proposed use 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 school
has been designed to comply with the Poway General Plan and PMC, and the
exterior of the existing modular buildings on the site will be painted to match the
color on the new modular buildings. Additionally, the school has operated in
compliance with the conditions of approval of CUP 02-11.
C. The school building meets standards for scale, coverage and density. The
proposed use is in harmony with the scale, bulk, coverage, and density of, and is
consistent with adjacent uses.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the use.
E. The school has been designed to comply with the Poway General Plan and PMC
standards, and the use has operated compatibly with surrounding development for
the past 10 years without any complaints being received. The school is primarily
an indoor operation and even with the increase in student enrollment will only have
one class outside using the playground at a given time. Therefore, there will not
be an increase in noise levels and no harmful effect upon desirable neighborhood
characteristic.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan.
G. The school is allowable on land zoned RR -C, and the property is located in an area
with suitable circulation and other infrastructure. The school proposes to operate
in a manner that is compatible with surrounding residential and high school, middle
school and elementary school development. Therefore, the site is suitable for the
school facility.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the use has and will continue to operate on the developed portion
of the site.
The school use will operate within buildings on a developed site, the school's
outdoor playground schedule will continue to only have one class outside using
the playground at a given time and all of the existing modular buildings will be
painted a tan/beige color to match the exterior of the proposed two modular
buildings. Therefore, there are no relevant negative impacts of the proposed use
that cannot be mitigated.
Resolution No. P-17-18
Page 3
J. That the impacts, as described in subsections A through I of this Section, 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, and
K. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances.
Section 3: The findings for Development Review (DR) 17-001, in accordance
with Section 17.52.010 of the PMC Purpose of Development Review, are made as
follows:
A. The proposed modular buildings will be compatible in appearance to the existing
modular buildings on the site and conform to City development standards.
Additionally, the existing modular buildings will be painted to match the exterior of
the two proposed new modular buildings and a condition of approval requires that
fast growing evergreen shrubs be installed along the northerly limits of the building
pad to supplement existing landscaping and help screen the existing and proposed
modular buildings of the preschool and synagogue from view from the residential
properties to the north; therefore, the project respects the interdependence of land
values and aesthetics to the benefit of the City.
B. The proposed modular buildings have been designed to conform to City
development standards and will be compatible in appearance to the existing
modular buildings of the preschool and synagogue which will be painted to match
the exterior of the new modular buildings. Additionally, a condition of approval
requires that fast growing evergreen shrubs be installed along the northerly limits
of the building pad to supplement existing landscaping and help screen the existing
and proposed modular buildings of the preschool and synagogue from view from
the residential properties to the north; therefore, the project encourages the orderly
and harmonious appearance of structures and property within the City.
C. The proposed modular buildings will not have an adverse health or safety impact
upon adjoining properties in that they have been designed to conform to City
development standards and are required to obtain and go through the necessary
building permit review and construction inspection process.
D. The proposed modular buildings have been designed to conform to City
development standards and be compatible in appearance to the existing modular
buildings of the preschool and synagogue which will be painted to match the
exterior of the new modular buildings. Additionally, a condition of approval requires
that fast growing evergreen shrubs be installed along the northerly limits of the
building pad to supplement existing landscaping and help screen the existing and
proposed modular buildings of the preschool and synagogue from view from the
Resolution No. P-17-18
Page 4
residential properties to the north residential care facility building; therefore, the
project respects the aesthetics of the built environment in the area.
E. The proposed modular buildings have been designed to be compatible in
appearance to the existing modular buildings of the preschool and synagogue
which will be painted to match the exterior of the new modular buildings.
Additionally, a condition of approval requires that fast growing evergreen shrubs
be planted along the northerly limits of the building pad to supplement existing
landscaping and help screen the existing and proposed modular buildings of the
preschool and synagogue from view from the residential properties to the north
residential care facility building; 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 modular buildings have been designed to be in compliance with the
development standards of the Zoning Ordinance and the General Plan.
Section 4: The City Council hereby approves CUP 17-001 and DR 17-001, 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 CUP and DR 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.
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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 CUP 17-001 and DR 17-001 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. CUP 17-001 and DR 17-001 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. Within 30 days of this approval, the property owner shall remove all debris and
material/equipment stored along the north side of the synagogue to the satisfaction
of the Director of Development Services.
H. 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.
I. 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.
2. 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.
(Engineering)
1. Applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on the
building plan site plan and be appropriately sized for the proposed level of
development.
2. A minimum cash security for erosion control is required.
3. The applicant shall pay the storm water pollution inspection fee according to
the latest adopted master fee schedule.
4. 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.
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Page 6
Compliance for sediment control shall be provided as directed by the project
inspector.
5. 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.
6. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance.
(Planning)
7. 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.
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 exterior of the existing preschool and synagogue modular buildings shall
be painted to match the proposed tan/beige color of the two -proposed
modular buildings. The building plans shall identify the exterior building colors
and materials consistent with the approved project plans on file in the
Development Services Department.
10. A landscape and irrigation plan for the proposed relocated school playground
area shall be submitted for review and approval. The landscape and irrigation
plans shall demonstrate compliance with the City of Poway Landscape and
Irrigation 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.
The plan shall address a requirement that fast-growing evergreen
shrubs/trees and irrigation be installed along the northerly limits of the
building pad to provide a visual screen of the preschool and synagogue
modular buildings from view from the residential properties to the north of the
site.
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Page 7
11. 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.
12. Applicable 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.
J. The following requirements shall be completed 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 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. The building constructed shall be accessible to Fire Department apparatus by
way of an access roadway 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 having a minimum of 13'6" of
vertical clearance.
3. Approved fire apparatus access roads shall be provided for every new building,
facility or portion of a building hereafter constructed. The fire apparatus access
road shall extend to within 150 -feet of all portions of the facility and all portions
of the exterior walls of the first story of the buildings as measured by an
approved route around the exterior of the buildings or facility.
4. An automatic fire alarm system shall be installed in all new buildings and
interconnected to the adjacent buildings and existing classroom buildings in
such a manner that if one detector activates, all detectors activate. The
automatic fire alarm system shall be monitored. The system shall transmit the
alarm, supervisory and trouble signals to an approved supervising station in
accordance with NFPA 72. 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.
5. Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and
75' travel distance.
K. Prior to occupancy approval of the two modular buildings:
(Engineering)
1. All existing and proposed utilities or extension of utilities required to serve the
project shall be installed underground. No extension of overhead utilities shall
be permitted.
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2. The applicant shall repair, to the satisfaction of the City Engineer, all damages
to public improvements caused by construction activity from this project.
(Planning)
3. Landscape and irrigation shall be installed and maintained in accordance with
the approved project landscape plan.
4. 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.
5. The owner or operator of the facility shall routinely and regularly inspect the site
to ensure compliance with the standards set forth in this permit.
6. All landscaping 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. 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.
L. Prior to occupancy approval of the remaining Phases 2 and 3 of the site
development approved with CUP 02-11 and DR 02-16 the following requirements
shall be satisfactorily addressed:
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.
2. Presently, the site has been developed with the first phase of the permanent
sanctuary building (5,999 square feet). The applicant shall obtain a Building
Permit prior to the construction of subsequent phases of the 17,000 -square -
foot synagogue or 12,000 -square -foot multi-purpose building. Compliance with
the following conditions is required prior to issuance of a Building Permit.
a. 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.
Resolution No. P-17-18
Page 9
(Engineering)
b. The applicant shall pay all applicable development impact fees in effect
at time of permit issuance. Development impact fees for the existing
6,000 -square -foot permanent structure are considered paid in full. All
water, traffic, park, and drainage development impact fees for the project
are considered to be paid in full, provided that the project scope does
not significantly change from the original approval as determined by the
City Engineer. The remaining fees for project Phases 1 B and 2 include,
but are not limited to, sewer and Fire Department facilities/apparatus/
vehicle. These remaining fees will be assessed at the time of Building
Permit issuance. Please note that credit will be given for sewer fees
paid for the existing modular buildings.
(Planning)
c. 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.
d. The building plans shall identify the exterior building colors and materials
consistent with the approved project plans on file in the Development
Services Department.
e. 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.
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.
g. All landscape areas shall be maintained in a healthy and thriving
condition, free from weeds, trash and debris.
Phase 3
h. 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.
3. The following requirements shall be completed to the satisfaction of the Director
of Safety Services:
a. Roof covering shall be fire retardant as per CBC Section 1505, and City
of Poway Ordinance No. 64 and its amended Ordinance No. 526.
Resolution No. P-17-18
Page 10
b. The buildings shall display their numeric address in a manner visible
from the access street. Minimum size of the building numbers shall be
six (6) inches on the front facade of the building. The address shall also
be displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriffs Department ASTREA criteria.
c. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with an 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 PMC.
d. The building will be required to have an approved fire sprinkler system
meeting PMC requirements installed. The entire system is to be
monitored by a central monitoring company. System post indicator
valves with tamper switches, also monitored, are to be located by the
City Fire Marshal prior to installation.
e. 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.
f. 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.
g. 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.
h. 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.
i. Permanent access roadways for fire apparatus shall be designated as
"Fire Lanes" with appropriate signs and curb markings.
j. A minimum 3AAOBC fire extinguisher is required for every 3,000 square
feet and 75 feet of travel distance.
Resolution No. P-17-18
Page 11
k. 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.
Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit
main door or shall be located inside an enclosed closet with an exterior
access man door. The 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.
M. Upon establishment of the proposed use the following performance standards shall
apply to the synagogue/private school/religious schools pursuant to CUP 17-001:
1. Only one class (consisting of not more than 28 children) shall be permitted
outside to play on the playground for recess at a given time.
2. The use of the main sanctuary building and multi-purpose building shall be
limited to education and religious activities, along with related accessory uses.
3. The maximum student enrollment permitted for the private school is 153 and
individual class size shall not exceed 28 students per class. The maximum
student enrollment for the religious school is 90.
4. The activities of the 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.
5. 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 PMC. At no time shall equipment noise from any source, or any
loudspeaker sound amplification system, exceed the noise standards
contained in the PMC.
6. The parking areas, driveways and landscaping shall be well maintained.
7. 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.
8. La Manda Drive shall not be used for parking.
9. The southernmost row of parking shall be barricaded 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-17-18
Page 12
10. 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.
N. If the private school, religious school and/or synagogue/worship use for which CUP
02-11 M 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 requiring prolonged closure, such remodeling or rehabilitation shall
be continuously and diligently pursued; that use component (private school,
religious school and/or synagogue/worship use) of the use permit shall expire, and
shall thereafter be of no further force or effect.
Section 5: The approval of CUP 17-001 and Development Review 17-001 shall
expire on October 3, 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 CUP approval has
commenced prior to its expiration.
Section 6: 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 3rd day of October 2017.
-Steve Vaus, Mayor
ATTEST:
Na'hcy eufel , CMC, City Clerk
Resolution No. P-17-18
Page 13
STATE OF CALIFORNIA )
)SS
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-17-18 was duly adopted by
the City Council at a meeting of said City Council held on the 3rd day of October 2017,
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: LEONARD
DISQUALIFIED: NONE
Nanoy feu Id, CMC, City Clerk
City of Poway