Res P-05-18
RESOLUTION NO. P-05-18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 04-06
ASSESSOR'S PARCEL NUMBER 314-360-27
WHEREAS, Conditional Use Permit (CUP) 04-06 was submitted by Oak Knoll
Montessori, Applicant, to establish a Montessori school within a 3,379-square-foot
existing residential building located at 15010 Pomerado Road, in the Rural Residential
C zone, and;
WHEREAS, on March 15, 2005, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: An Environmental Initial Study was completed on the project and it was
determined that the establishment of the proposed use of the property will not have a
significant adverse impact on the environment since potential impacts are less than a
level of significance by the recommended conditions of approval. It is recommended
that a Mitigated Negative Declaration be approved.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code, for CUP 04-06 to establish a private school within a 3,379-square-foot
existing residential building located at 15010 Pomerado Road, in the Rural Residential
C zone, are made as follows:
A. The proposed location, size, design, and operating characteristics of the private
school is in accord with the title and purpose of Chapter 17.48 of the Poway
Municipal Code (Conditional Use Permit Regulations), the City General Plan, and
the development policies and standards of the City in that the site is designated
for residential use and a private school use is allowed with the approval of a
Conditional Use Permit.
B. The location, size, design, and operating characteristics of the private school will
be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, buildings, or structures in that the use will be located within an
existing residential building. The location on a major thoroughfare will not cause
an impact to local residential streets and therefore will not increase the intensity
of use in the surrounding residential area.
C. There are adequate public facilities, services, and utilities available at the subject
site to serve the private school.
Resolution No. P-05-18
Page 2
D. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the private school building is in character with existing
development in the area and will not affect the views of adjacent property
owners. The project will provide decorative landscaping along streets and
throughout the property. This property is lower than properties to the north and
west, and is separated by a 20-foot road easement from the rear yard of the
residence to the south, so the proposed use will be compatible with and not
adversely effect or be materially detrimental to adjacent uses, residents,
buildings, structures, or natural resources.
E. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the
General Plan in that the level of service of the streets in the area is at an
acceptable level, and the increase in traffic from the private school will be
insignificant given the existing traffic volumes and flows in the area. Driveway
improvements and exiting restrictions will reduce the potential for sight distance
visibility conflicts. There will be adequate parking facilities to serve the proposed
private school and an adequate queuing area for dropping off children.
F. The site is suitable for the type and intensity of use or development that is
proposed, in that the private school will be located away from the street and
adjacent residences, and maintains a profile similar to the neighboring residential
development. Therefore, the harmony in scale, bulk, coverage and density of the
project is consistent with adjacent uses. There will be no harmful effect upon
desirable neighborhood characteristics.
G. There will not be significant harmful effects upon environmental quality and
natural resources in that the private school will be located within an existing
residential building, and will not impact natural habitat resources.
H. That the potential impacts, and the proposed location, size, design and operating
characteristics of the private school will not be materially injurious to properties or
improvements in the vicinity, nor be contrary to the adopted General Plan in that
the use will operate within an existing residential building and the operating
characteristics of the private school are appropriate to the purpose of the zone in
which the site is located with the approval of a Conditional Use Permit.
Section 3: Pursuant to Government Code Section 66020, the public improvements
for Conditional Use Permit 04-06 are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan as well as City Ordinances, because all
necessary services and facilities are available or will be constructed to serve this
project. The following improvements and payment of fees are necessary as a
Resolution No. P-05-18
Page 3
result of the proposed development to protect the public health, safety and
welfare:
1. On-site and off-site drainage improvements are in place or will be
constructed to handle the surface water runoff.
2. Fire hydrants are in place and will be constructed to serve the
development and provide fire protection.
3. Streetlights are in place to serve the development and provide lighting of
the sidewalk.
4. Water and sewer fees will be paid, which are assessed on a pro-rata basis
to finance and provide public infrastructure improvements. Improvements
will be made to provide adequate water and sewer service to the
expanded development.
5. Traffic mitigation fees, assessed on a pro-rata basis to finance and
provide public infrastructure improvements, will be paid to promote a safe
and healthy environment for the residents of the City.
Section 4: The City Council hereby approves CUP 04-06 to establish a private school
within a 3,379-square-foot existing residential building located at 15010 Pomerado
Road, in the Rural Residential C zone, as shown on the plans dated January 19,2005,
subject to the following conditions:
A. Approval of this CUP shall apply only to the subject project and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of the date of this approval: (1) the applicant shall submit in
writing that all conditions of approval have been read and understood; and (2) the
property owners shall execute a Covenant Regarding Real Property.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses.
D. The conditions of CUP 04-06 shall remain in effect for the life of the subject
private school, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. CUP 04-06 may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year.
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Page 4
F. Prior to Grading Permit issuance, unless other timing is indicated, the
applicant/developer shall complete the following:
(Engineering)
1. Submittal to the City for review and approval of precise grading plans,
erosion control plan, Grading Permit application, and geotechnical
report(s) to the Development Services Department.
a. Grading of the project shall be in substantial conformance with the
approved development plan and in accordance with the Uniform
Building Code, City Grading Ordinance, City Storm Water
Management and Discharge Control Ordinance, and Standard
Urban Storm Water Mitigation Plan.
b. Paving of the parking lot shall conform to the standards set forth in
Section 12.20.080 of the Poway Municipal Code.
c. The driveway shall be improved to a minimum 24.00-foot width. It
shall be designed to comply with City Standards and Specifications,
more particularly on pavement structural section and minimum
curve radii. A clear view sight distance, satisfactory to the City
Engineer, for exiting vehicular traffic to Pomerado Road shall be
preserved. Such preservation of clear sight distance entails, but is
not limited to, relocation of existing improvements and/or removal of
obstruction within a clear view area as determined by the applicants
project engineer, but submitted to review and approval by the City.
A clear space easement for sight distance preservation shall be
dedicated to the City.
d. A drainage system capable of handling and disposing of all surface
water originating within the development and all surface water that
may flow onto the development from adjacent lands shall be
constructed.
e. Drainage catch basins, inlets, grate basins or similar structures
shall be designed to be equipped with structural Best Management
Practices (BMPs) for interception of pollutants and/or sediments
before leaving the project site. BMP's are subject to review and
approval by the City.
f. Erosion control, including, but not limited to, desiltation basins, shall
be installed and maintained from October 15th to April 15th. An
erosion control plan shall be prepared by the project civil engineer
and shall be submitted as part of the grading plan. The applicant/
Resolution No. P-05-18
Page 5
developer shall make provisions to insure proper maintenance of all
erosion control devices.
2. A Right-of-Way Permit shall be obtained from the Engineering Division of
the Development Services Department for any work to be done in public
street rights-of-way or City-held easements.
3. The applicant/developer shall pay the following:
Grading Permit fee
= $100.00 per permit
Grading plan check
= To be determined based on the following
guideline:
If the cost of improvements is:
$1 to $25,000 = fee is 5% ($500 min.)
$25,001 to $50,000 = add'l fee of 4% of cost
$50,001 to $100,000 = add'l fee of 3% of cost
$100,001 to $500,000 = add'l fee of 2% of cost
over $500,000 = Time and materials (T&M)*
*If project qualifies for T&M, applicant/developer shall post a
deposit, the amount of which shall be determined by the City. This
deposit shall be the source for the City to draw out amounts to pay
for plan checking review and inspection fees.
Grading Inspection = To be determined, same basis as in grading
plan check fee calculation (See above plan check fee guidelines).
Geotechnical Reviews = $1,300
Plan check and inspection fees are to be calculated based on City
approved cost estimates, using City's adopted unit costs, prepared by the
applicant's project Civil Engineer.
4. Posting of grading securities (either by Bond and Cash, Letter of Credit, or
Certificate of Deposit).
5. City approval of soils report and grading plans.
6. Submittal of a request for and hold a pre-construction meeting with a City
Engineering Inspector. The applicant/developer shall be responsible that
necessary individuals, such as, but not limited to, contractors,
subcontractors, project civil engineer, and project soils engineer must
attend the pre-construction meeting.
Resolution No. P-05-18
Page 6
(Public Works)
7. Improvement plans shall be reviewed and approved by Public Works for
the new fire hydrant installation.
(Planning)
8. Prior to conducting any grading of the site, an archeological
reconnaissance of the site by a qualified professional shall be completed,
and a report on the testing and findings submitted to the City. Should
testing discover archeological resources, appropriate measures shall be
followed to document, relocate, and/or preserve the resources.
9. To assess the possible presence of halogenated solvents beneath the
site and the potential human health risk to future occupants of the site
building as a result of possible releases, soil vapor samples shall be
collected from areas of interpreted solvent usage/storage at the site and
analyzed for volatile organic compounds (EPA method 8260B). Any
remedial work as a result of this testing shall be completed prior to
occupancy.
10. A 6-foot-high wood fence shall be installed along the north and west
property lines, starting from the playground area to the northern limits of
the parking lot, to the satisfaction of the Development Services Director.
G. The applicant shall obtain a Building Permit prior to construction of the
remodeling of the existing building. Prior to issuance of a Building Permit, the
applicant shall comply with the following:
1. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Electrical/Building Permit issuance.
2. The site shall be developed in accordance with the approved plan on file
in the Development Services Department (dated January 19, 2005) and
the conditions contained herein. Improvement plans incorporating all
conditions of approval shall be submitted to the Building Division for
review and approval. During this review process, the improvement plans
shall be routed to the Fire Marshal for review and approval. A final
inspection from the appropriate City Departments will be required.
(Engineering)
3. Completion of and approval by the City of rough grading of the project site.
4. City approval of soils compaction report.
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Page 7
5. City approval of a certification of line and grade. A State registered Civil
Engineer or Licensed Land Surveyor shall prepare the Certification.
6. Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding amounts are as follows and are subject to
change without further notice. The amounts to be paid shall be those in
effect at time of payment.
Water base capacity fee (Applicable only if a new water meter is to be
set)
For %" meter
For 1" meter
For 1 Y:(' meter
Other meter sizes
= $ 3,710 per meter
= $ 6,678 per meter
= $10,388 per meter
= Contact Engineering Division
Water meter fee (Applicable only if a new water meter is to be set)
For %" meter
For 1" meter
For 1 Y:(' meter
Other meter sizes
= $130 per meter
= $270 per meter
= $600 per meter
= Contact Engineering Division
SDCWA capacity charge (Applicable only if a new water meter is to be
set) - To be paid by separate check, payable to San Diego County Water
Authority but remitted through the City of Poway.
For %" meter
For 1" meter
For 1 Y:(' meter
Other meter sizes
Sewer connection fee
= $2,461 per meter
= $3,206 per meter
= $6,012 per meter
= Contact Engineering Division
= $5,418.80 (based on a net increase in sewer
EDU of 2.3)
Sewer EDU generated by 68 students = 3.3
(68 x 12) / 250 = 3.26 rounded up to 3.3
(3.3 - 1 EDU credit for existing residence) x $2,356 = $5,418.80
where: 12 = No. of gallons per student
250 = No. of gallons per EDU
Sewer cleanout fee
= $50.00 per cleanout (if needed)
Sewer cleanout inspection fee = $25.00 per cleanout
Drainage fee = None
Traffic mitigation fee
= $132
Resolution No. P-05-18
Page 8
68 students = 68 trips generated
(68 trips x $16.50) - $990 = $132
where: $16.50 = Unit Cost Per Trip
$990 = Credit for existing residence
Park fee = None
(Planning)
7. To comply with the 45 decibel CNEL interior noise standard, the project
must comply with the following:
a. Include (forced air) mechanical ventilation and/or air conditioning
systems in all habitable areas.
b. All exterior windows in the project will need to be replaced with
high-quality double-glazed windows, with a STC rating of 30 or
higher.
c. All existing doors need to be replaced with solid-core wooden doors
(or equivalent) with weather stripping having a STC rating of 28 or
higher. Future doors would have to have a STC rating of 30 or
higher.
d. The existing garage door within the project will need to be
replaced with studded walls. All exterior walls will need to include
2" x 4" studs and a minimum of three layers of 5/8"-thick Type "X"
gypsum board, plywood, or an equivalent plus R-13 insulation in
all stud cavities to provide for an STC rating of 45 or higher.
8. Details of any new exterior lighting shall be included on the building plans,
including fixture type and design. All new exterior lighting fixtures shall be
low-pressure sodium, and designed such that they reflect light downward,
and away from streets and adjoining properties pursuant to Poway
Municipal Code Section 17.08.220.L. Parking lot lights shall be on
automatic timers to the satisfaction of the Director of Development
Services.
9. The building plans shall include elevations and cross sections that show
all roof appurtenances, including air conditioning, architecturally
integrated, screened from view, and sound buffered from adjacent
properties and streets, to the satisfaction of the Director of Development
Services.
10. Complete landscape construction documents for new landscaping based
on preliminary landscape plans submitted December 8, 2004, shall be
submitted to and approved by the Planning Division. A landscape plan
check fee deposit of $525 is required upon submittal of the plans. Plans
Resolution No. P-05-18
Page 9
shall be prepared in accordance with the City of Poway Guide to
Landscape Requirements (latest edition) and shall also incorporate the
following:
a. All trees along this perimeter must be a minimum 15-gallon size.
The trees shall include suggested Pomerado Road street trees.
Shrubs shall also be included in the sloped area on Pomerado
Road and shall be 5-gallon size.
b. Trees shall be planted at the rate of one tree per 750 square feet of
slope area and shrubs shall be planted at the rate of one shrub per
100 square feet.
c. All slope plantings shall be installed, and automatic irrigation
system shall be installed and operational at time of final inspection.
H. Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1. Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
and City of Poway Ordinance No. 64.
2. An automatic fire alarm system, to include smoke detectors, shall be
installed to approved standards by a properly licensed contractor. System
shall be completely monitored by a U.L. listed central station alarm
company or proprietary remote station.
3. A hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. Plans to be submitted and approved prior
to installation.
4. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
5. Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of construction
and maintained at all times until construction is completed.
6. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
7. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet
and 75' travel distance.
Resolution No. P-05-18
Page 10
8. Address numbers are to be at the beginning of the driveway as well as on
the building. The numbers shall be at least six inches in height and easily
seen.
9. Additional Fire Department turnaround requirements will not be imposed if
the driveway and parking lot areas are constructed as shown on the site
plan.
I. Prior to City of Poway approval for occupancy and release of securities, unless
other timing is indicated, the following conditions shall be satisfied:
(Engineering)
1. Dedication to the City of Poway, of a Clear Space Easement for sight
distance preservation.
2. City approval of record drawings of the grading plans.
3. Submittal of an agreement for maintenance, repair and replacement of
storm water Best Management Practices (BMPs) as required per City of
Poway Ordinance N. 569. The agreement shall be subject to City review
and approval prior to its recordation in the office of the San Diego County
Recorder. Recording fees shall be paid by the applicant/owner.
4. Grading securities shall be released only upon completion of the project
and upon City approval of the record drawings of the grading plans.
(Traffic Engineering)
5. To meet traffic and safety requirements, only right turn egress to the
satisfaction of the City Traffic Engineer will be allowed. Only right turn out
will be acceptable. A sign shall be posted that states right turns out only
are allowed, and/or the driveway exit shall be stripped to show that right
turns out only are allowed.
6. Any sight obstruction must be removed so that the necessary Stopping
Sight Distance of 430 feet is met to the satisfaction of the City Traffic
Engineer. This will require a portion of the retaining wall along Pomerado
Road to be removed.
7. A stop sign shall be placed at the driveway exit.
I. Upon establishment of the private school, pursuant to CUP 04-06, the following
shall apply:
(Planning)
1. Any signs proposed for the use shall be designed and approved in
conformance with the Poway Municipal Code Sign Ordinance.
Resolution No. P-05-18
Page 11
2. All facilities and related equipment shall be maintained in good repair.
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight.
3. Parking lot lighting shall comply with the following:
a. Parking lot lights shall be on automatic timers.
b. All parking lot lights on the school property, except for security
lighting, shall be turned off when no activities occur on the site.
Lights shall be turned off no later than half an hour after the
conclusion of an evening activity.
c. Security lighting is permitted to remain on provided it has proper
shielding and does not create glare on adjacent properties.
d. All lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any
adjoining premises.
4. The facility shall be operated in such a manner as to minimize any
possible disruption caused by noise, and shall comply with the noise
standards contained in Chapter 8.08 of the Poway Municipal Code. At no
time shall equipment noise from any source exceed the noise standards
contained in the Poway Municipal Code. No loudspeaker sound
amplification system shall be used to produce sounds in violation of the
Noise Ordinance, including telephone, electric bell, or chime system.
5. The owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit.
6. All landscaping on-site and within the adjacent public right-of-way shall be
adequately irrigated, and permanently and fully maintained by the owner
at all times in accordance with the requirements of the City of Poway
Guide to Landscape Requirements. The trees shall be encouraged and
allowed to retain a natural form. Pruning should be restricted to maintain
the health of the trees and to protect the public safety. Trees should be
trimmed or pruned as needed to develop strong and healthy trunk and
branch systems. Tree maintenance and pruning shall be in accordance
with "American National Standard for Tree Care Operations" latest edition
(ANSI A300). Trees shall not be topped and pruning shall not remove
more than 25% of the trees' leaf surface.
Resolution No. P-05-18
Page 12
7. The parking areas, driveways and landscape areas shall be well
maintained.
8. The applicant shall provide all parents with written notification that any
parking or loading/unloading of passengers on Pomerado Road is not
allowed. The written notification shall be provided at periodic intervals
during the school year.
Section 5: The approval of CUP 04-06 shall expire on March 15, 2007, at 5:00 p.m.
unless, prior to that time, a Building Permit has been issued, and construction on the
property in reliance on the CUP approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 15th day of March 2005.
ATTEST:
L~bny~
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-05-18, was duly adopted by the
City Council at a meeting of said City Council held on the 15th day of March 2005, and
that it was so adopted by the following vote:
NOES:
EMERY,REXFORD,CAFAGNA
NONE
AYES:
DISQUALIFIED:
BOYACK, HIGGINSON
NONE
C)~~
L. Diane Shea, City Clerk
City of Poway
ABSENT: