Res 20-015RESOLUTION NO. 20-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 18-019, DEVELOPMENT REVIEW 18-008, VARIANCE
19-001 FOR THE EXPANSION OF ST. BARTHOLOMEW
EPISCOPAL CHURCH LOCATED AT 16275 POMERADO ROAD,
ASSESSOR'S PARCEL NUMBER 275-510-19
WHEREAS, the City Council considered Conditional Use Permit (CUP) 18-019,
Development Review (DR) 18-008, and Variance (VAR) 19-001 for a phased modification and
expansion of the St. Bartholomew's Episcopal Church campus located at 16275 Pomerado Road
in the Rural Residential -C (RR -C) zone consisting of the demolition of an existing 8,435 square -
foot two-story parish hall, establishment of a new parking lot area, expansion of the existing pre-
school playground area, construction of a new 13,422 square -foot two-story parish community
center, conversion of six Sunday school classrooms to six preschool classrooms, an increase in
the maximum number of preschool students from 82 to 154 students, and allowing the proposed
parish community center to observe a 29 -foot front yard setback along Pomerado Road where 40
feet is required in the RR -C zone;
WHEREAS, in 1967, the County of San Diego approved a Major Use Permit P67-135 to
establish St. Bartholomew Episcopal Church church on the subject property;
WHEREAS, on May 23, 1989, the City Council approved CUP 88-19, a master plan for
the expansion of the church including a 3,886 square -foot addition to the existing sanctuary
building, a 594 square -foot addition to the existing parish hall, and a 4,527 square -foot parish hall
and administration building;
WHEREAS, on December 17, 1991, the City Council approved a modification to CUP 88-
19 (CUP 88-19M), to construct a columbarium on the site;
WHEREAS, on March 30, 1999, the City Council approved a second modification to CUP
88-19 (CUP 88-19M(2)), to convert 3,000 square feet of the existing parish hall into a preschool
for up to 44 children;
WHEREAS, on February 1, 2000, the City Council approved third modification to CUP 88-
19 (CUP 88-19(M2)) for a two -phased expansion of the church. The first phase consisted of a
new 12,757 square -foot education building and increased the preschool enrollment from 44 to 82
children, and the second phase consisted of demolishing the existing sanctuary and replacing it
with a new 16,395 square -foot sanctuary. The approval also included a variance to allow the new
sanctuary building to exceed the 35 -foot height limit and to allow a corner of the educational
building to encroach 35 -feet into the required 50 -foot side yard setback. Only Phase 1 was
completed;
WHEREAS, on March 4, 2019, staff approved a minor modification to CUP 88-19 (CUP
18-021) to convert the existing teen youth room to a chapel and changing the use of the existing
choir room to a teen youth room;
WHEREAS, on April 7, 2020, the City Council held a duly advertised public hearing to
solicit comments from the public, both for and against, relative to CUP 18-019, DR 18-008, and
VAR 19-001; and
Resolution No. 20-015
Page 2
WHEREAS, the City Council has read and considered the agenda report for the proposed
project, and has considered all other evidence presented at the public hearing;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The findings for CUP 18-019, in accordance with PMC Section 17.48.070,
are made as follows:
A. The proposed location, size, design and operating characteristics of the proposed facilities
are in accord with and purpose of PMC Title 17, the purpose of the Rural Residential C
Zone (RR -C) in which the site is located, the General Plan and the development policies
and standards of the City, in that the expansion of the church buildings and parking lot
and increase in the number of preschool children are permitted with a modification to the
CUP for St. Bartholomew's Episcopal Church and the front yard setback reduction to 29
feet requiring a Variance, is consistent with the topography and existing structures within
the immediate vicinity.
B. The proposed parish community center and parking lot expansion are consistent in
location, size, design and operating characteristics and scale with surrounding
development. The new parish center will replace an existing smaller parish building and
a new parking lot will be located in the place of the former parish hall. All structures will
be consistent and compatible with and will not adversely affect or be materially detrimental
to, adjacent uses, buildings, structures, or natural resources.
C The new building is similar in scale to existing buildings on-site, is at least 220 feet from
the nearest residential development, will result in an increase in overall lot coverage by
one percent for a total of 13 percent where 35 percent is permitted. The project site is
located on a major arterial that provides direct access to several nearby large-scale
commercial, office and semi-public developments. Therefore, the proposed project is
consistent in scale, bulk, coverage and density with adjacent uses.
D. There are public facilities, services and utilities available to the site to serve the new larger
parish community center and increased number of preschool children.
E. The new parish community center will be located close to the existing sanctuary, will be
similar in scale and architecture to the existing buildings on the site, and the view of the
building will be softened by existing and new landscaping. The new parking lot will be
located toward the rear of the site, approximately 25 feet from the nearest residential
property line to the south and will be screened by a six-foot high wall and landscaping. A
sound wall is provided for outdoor activities on the proposed second level. The increased
number of preschool children will be accommodated within existing buildings. Therefore,
there will be no harmful effect upon neighborhood aesthetics.
F The increased traffic associated with the new parish hall and increased number of
preschool children will be negligible and will not adversely impact the capacity and
physical character of surrounding streets and/or the Transportation Element of the
General Plan.
G. The site is suitable for a new parish community center and parking lot and increased
number of students in that an expansion of the existing church and preschool use on the
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site is an anticipated use of the property and adjacent to other religious facilities.
H. The use involved has 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 associated with the expansion of the church
facilities and number of preschool students.
J. The impacts, as described above, and the location, size, design and operating
characteristics of the uses and the conditions under which they operate or are 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 General Plan.
K. The proposed project will comply with each of the applicable provisions of this title, except
for the front yard setback for which findings can be made to approve a Variance.
SECTION 2: The findings for DR 18-008, in accordance with the PMC Section 17.52.010
Purpose of DR, are made as follows:
A. The project respects the interdependence of land values and aesthetics to the benefit of
the City, in that the architecture of the proposed new parish community center will blend
in with the architecture of the existing buildings and the landscaping proposed along
Pomerado Road and will soften the appearance of the building as seen from Pomerado
Road. The new parking lot will be placed to the east of the church buildings and will include
the installation of a six-foot high wall and landscaping to provide an effective buffer to the
adjoining residential property to the south.
B. The project encourages the orderly and harmonious appearance of structures and
property within the City, in that this project will comply with current City design standards
and consistent with development standards of the surrounding neighborhood.
C. The project maintains the public health, safety and general welfare, and property
throughout the City in that the project will meet current grading, building and stormwater
quality requirements.
D. The project is cognizant of public concerns for the aesthetics of developments in that the
exterior design of the building and site design features comply with current City design
standards in that the project will be architecturally compatible with existing structures on-
site and in the surrounding area.
E. The project will not have an adverse health, safety or aesthetic impact upon adjoining
properties or the City in general, in that the project will comply with current City design
standards and all grading, building and stormwater quality requirements.
F The project complies with all the provisions of the zoning ordinance and the general plan,
except for the front yard setback for which findings can be made to approve a Variance.
G The project respects and recognizes the interdependence of land values and aesthetics
to the benefit of the City.
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H The project has been designed to minimize impacts on surrounding development by
utilizing screening, landscape and a compatible architectural design that complements the
colors of the existing structures within the area. The proposed development respects the
public concerns for the aesthetics of development and encourages the orderly and
harmonious appearance of structures and property within the City.
I. The granting of the DR would not be materially detrimental to the public health, safety or
welfare within the community since the proposed development will enhance the property
and the surrounding area and provide essential facilities to the assembly.
SECTION 3: The findings, in accordance with Section 17.50.050 of the PMC, to approve
VAR 19-001, are made as follows:
A. That there are special circumstances applicable to the property and because of this the
strict application of the Zoning Ordinance deprives the property of privileges enjoyed by
other properties in the vicinity with the identical zoning classification. The special
circumstances include the topography of the site and that the development of religious
facility buildings or parking lots are limited to areas on the property that has been
previously graded or that are less than 10 percent in slope. Accordingly, the area available
for development of a new parish community center in proximity to and at the same level
of the sanctuary, education building, and other buildings on-site are limited to the western
portion of the site close to Pomerado Road.
B Granting the Variance is necessary for the preservation and enjoyment of a substantial
property right enjoyed by other property owners in the same vicinity and zone, and denied
to the property for which the Variance is sought, in that the Variance will allow the
construction of a replacement parish community hall in close proximity to the existing
sanctuary, educational, and administrative buildings and will allow for the creation of a
centrally located parking lot at the approximate elevation of said buildings similar to what
is found on sites of other religious facilities in the surrounding area.
C. Granting the Variance would not be materially detrimental to the public health, safety or
welfare in that the requested 29 -foot reduced front yard setback is identical to the setback
of an existing building on the site. The visual effect of the structure as seen from
Pomerado Road will be softened by the grade difference between the proposed structure
and the adjacent road and sidewalk and incorporation of trees and landscaping within the
front yard setback. Furthermore, the nearest home to the building with the reduced
setback is located more than 125 feet away, across Pomerado Road behind a wall. The
nearest development to the south and east will not be able to see the portion of the building
with the reduced setback. The nearest property to the north with a view of the requested
setback is more than 300 feet away and is also developed with a religious facility.
D. Granting the Variance does not constitute a special privilege that is inconsistent with the
limitation upon other properties in the vicinity and zone in that this Variance involves the
construction of an addition to a religious facility and the existing church site to the north
has also constructed a detached church addition and created a new parking area but was
not limited in the placement of the new building and parking lot beyond standards setback
requirements because the entire property is less than 10 percent in slope.
E. Granting the Variance would not allow a use or activity not otherwise expressly authorized
by the zoning development regulations governing the property in that expansions to a
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religious facility is allowed with the approval of a CUP and DR and have occurred at other
religious facilities in the neighborhood.
F Granting the Variance will be compatible with the City of Poway General Plan because the
use is permitted, and the Variance does not result in an increase in the allowable building
coverage, and the expansion will be compatible with the other structures on the site and
complies with all other requirements of the zone.
SECTION 4: The findings, in accordance with Government Code Section 66020 for the
public improvements needed as a result of the proposed development to protect the public health,
safety and welfare, 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
facilities will be available to serve this project.
B. The construction of public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as further described in the
conditions of approval.
C. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for the
residents of the City.
SECTION 5: The City Council hereby approves CUP 18-019, DR 18-008, and VAR 19-
001, as shown on the approved plans incorporated by reference herein as shown on the approved
plans stamped "Exhibit A" and dated April 7, 2020 on file in the Development Services
Department, except as noted herein and 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 reasonable attorney's fees, collectively the "Claims" against the City or its
agents, officers, or employees, relating to the issuance of any aspect of the project
approval set for in this resolution, including, but not limited to, any action to attack, set
aside, void, challenge, or annul this development approval (including but not limited to
CUP 18-019, DR 18-008, and VAR 19-001) and any environmental document or decision
made pursuant to CEQA. 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. Notwithstanding the foregoing, no indemnity shall be required for claims
resulting from the exclusive gross negligence or willful misconduct of the City.
B. This approval is based on the existing site conditions and proposed project details
represented on the approved plans stamped as "Exhibit A" and dated April 7, 2020 on file
in the Development Services Department. Any substantial changes to the approved plans
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must be approved by the Director of Development Services and may require approval of
the City Council if the Director of Development Services finds that the proposed changes
do not substantially conform to approved plans.
C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC)
requirements that govern construction activity and noise levels.
D. Prior to issuance of any permit, the applicant shall (1) 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 notarizing and recording said document. In order for
the City to prepare the Covenant the applicant must first submit a legal description of the
subject site.
E. Conditions of Approval listed in Resolution P-00-14 approving CUP 88-19(M2), DR 99-23
and VAR 99-17 and the letter dated March 4, 2019, approving CUP 18-021 are fully
incorporated herein by this reference except as modified in this Resolution for CUP 18-
019. The project shall comply with all conditions of approval and mitigation measures
established under previous project entitlements unless otherwise modified or superseded
by these conditions of approval contained herein as determined by the Director of
Development Services.
F The conditions for the project shall remain in effect for the life of the subject property, and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
G. Prior to issuance of a Building Permit, the applicant shall obtain approval of a Grading
Permit. Compliance with the following conditions is required prior to issuance of the
Grading Permit:
(Engineering)
1. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" =
20', unless otherwise approved by the City Project Engineer, shall be approved.
Submittal shall be made to the Department of Development Services Engineering
Division, in accordance with the submittal and content requirements listed in the
Poway Municipal Code (PMC). The improvement design shall be 100 percent
complete at the time of submittal and ready for approval. The plan shall include,
at a minimum, the following features:
a. The proposed water main.
b. The relocation of the existing fire hydrant and two-inch meter.
c. The existing water main abandonment and associated easement vacation.
d. A minimum 20 -foot wide public water easement shall be submitted to
accommodate the proposed public water main on the property. Submit two
copies of a plat and legal description for the proposed easement along with
the required fee according to the latest adopted master fee schedule. The
plat and legal documents must be approved prior to approval of the plans.
e. The existing public water easement shall be vacated where the water main
is going to be removed or abandoned. Submit two copies of a plat and
legal description for the easement to be vacated along with the required
fee according to the latest adopted master fee schedule. The plat and legal
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documents must be approved prior to approval of the plans.
f ADA (Americans with Disabilities Act) improvements along the project
frontage may be required to the satisfaction of the Director of Development
Services.
2 A water system analysis may be required for final design of the proposed public
water system improvements and shall be completed prior to the issuance of a
grading permit. Applicant shall pay for the cost of preparing the analysis prior to
submittal of improvement plans.
3. A sewer system analysis may be required to demonstrate that the increase in
building area and fixture units will not impact the public sewer system.
4. The applicant shall enter into a Standard Agreement for the work to be done as
part of the Public Improvement plan. The applicant will be responsible for posting
securities for public improvements in accordance with the PMC Section 16.20.
5. Submit a precise grading plan for the development of the lot prepared on a City of
Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City
Project Engineer. Submittal shall be made to the Department of Development
Services Engineering Division for review and approval. The grading design shall
be 100 percent complete at the time of submittal and ready for approval and
issuance of permit. Incomplete submittals will not be accepted. All technical
studies as required by Chapter 16 of the PMC shall be submitted.
6. If the project will be phased, the applicant will be responsible for presenting a
phasing plan to the satisfaction of the City Planner and City Engineer.
7 Applicant shall incorporate Low Impact Development (LID) design features into the
site development. These shall be clearly shown and identified on the grading plan
and be appropriately sized for the proposed level of development.
8. Any existing and proposed public easements shall be depicted on the grading and
improvement plans. Any proposed public easement dedications shall be submitted
prior to grading permit issuance.
9. Existing and/or proposed grease removal equipment for the kitchen shall be
identified on the plan.
10. The existing four -inch water line underneath the proposed building will be required
to be removed. The removal shall be shown on the plans.
11. A drainage study addressing the impacts of the 100 -year storm event prepared by
a licensed Civil Engineer is to be submitted and approved. The study shall
evaluate existing and proposed hydrologic and hydraulic conditions to the
satisfaction of the City Project Engineer.
12. Water Quality Control — Design and Construction.
The project shall comply with the City and Regional Water Quality Control Board
stormwater requirements. The project is considered a Priority Development
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Project and will be subject to all City and State requirements. A Storm Water
Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to
be submitted and approved. Once approved:
a. Provide an Operation & Maintenance (O&M) plan in accordance with
Chapter 16.104 of the PMC, and a signed PDF version.
b. Property owner shall execute an approved Storm Water Management
Facilities Maintenance Agreement accepting responsibility for all structural
BMP maintenance, repair, and replacement as outlined in the Operations
and Maintenance plan. The operation and maintenance requirements shall
be binding on the land throughout the life of the project as outlined in
section 16.104 of the PMC.
13. Water Quality Control — Construction Storm Water Management Compliance.
The project proposes to disturb an area greater than one -acre. Proof of coverage
under the General Permit for Discharges of Storm Water Associated with
Construction Activity shall be provided to the City along with a copy of the Storm
Water Pollution Prevention Plan (SWPPP).
14. Grading securities shall be posted with the City prior to grading plan approval per
section 16.46.080 of the PMC. A minimum cash security of $2,000 is required in
all instances.
15. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule.
16. A minimum cash security for erosion control is required.
17. 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.
18. Prior to start of any work within a City -held easement or right-of-way, a Right -of -
Way Permit shall be obtained from the Engineering Division of the Development
Services Department. All appropriate fees shall be paid prior to permit issuance.
19. Any private improvements within any publicly held easement or right-of-way may
require an encroachment agreement as determined necessary by the City
Engineer. All necessary encroachment agreements shall be approved and
executed prior to grading permit issuance.
20. Following approval of the grading plans, posting of securities and fees, and receipt
of five copies of the approved plans, the applicant shall attend a pre -construction
meeting at the Department of Development Services. The scheduling request
shall be submitted on a City standard form available from the City's Project
Engineer. The applicant's action plan that identifies measures to be implemented
during construction to address erosion, sediment and pollution control will be
discussed. Compliance for sediment control shall be provided as directed by the
project inspector.
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21. Construction staking is to be inspected by the Engineering Inspector prior to any
clearing, grubbing or grading. At a minimum, all protected areas as shown on the
approved grading plans are to be staked under the direction of a licensed land
surveyor or licensed civil engineer and delineated with lathe and ribbon. As
applicable, provide two copies of a written certification, signed and sealed in
accordance with the Business and Professions Code, by the engineer of record
stating that all protected areas have been staked in accordance with the approved
plans.
(Planning)
22. A Mitigation Monitoring and Reporting Program shall be implemented to monitor
ground -disturbing activities by a properly credentialed archeological monitor and a
recognized Native American monitor to ensure that if buried cultural materials,
either historic or pre -historic, are present, they will be handled in a timely and
proper manner.
a. Prior to issuance of a grading permit, the applicant shall provide written
verification that a qualified archaeologist has been retained to implement
the monitoring program. This verification shall be presented in a letter from
the project archaeologist to the lead agency.
b. The certified archaeologist shall attend the pre -grading meeting with the
contractors to explain and coordinate the requirements of the monitoring
program.
c. The consulting archaeologist shall direct the field monitor during the initial
brushing of the parcel and any grading of the upper levels of soils
disturbance of all areas identified for development.
d. During the original cutting of previously undisturbed deposits, the
archaeological monitor shall be on-site, as determined by the consulting
archaeologist, to perform inspections of the excavations. The frequency of
inspections may vary from full-time to part-time depending upon the rate of
excavation, the materials excavated, exposure of formational soils and
bedrock, and the presence and abundance of artifacts and features.
e. Isolated and clearly non-significant deposits will be minimally documented
in the field, so the monitored grading can proceed.
f. In the event that unidentified historic resources are discovered, the
archaeologist shall have the authority to temporarily divert or halt ground -
disturbance operation in the area of discovery to allow for the evaluation of
potentially significant cultural resources. The archaeologist shall contact
the lead agency at the time of discovery. The archaeologist, in consultation
with the lead agency, shall determine the significance of the discovered
resources. The lead agency must concur with the evaluation before
construction activities will be allowed to resume in the affected area. For
significant cultural resources that are discovered, and which will be
destroyed by grading, a Research Design and Data Recovery Program to
mitigate impacts shall be prepared by the consulting archaeologist and
approved by the lead agency before being carried out using professional
archaeological methods. If any human bones are discovered, all grading
at that location must stop and the county coroner and lead agency shall be
contacted. In the event that the remains are determined to be of Native
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American origin, the Most Likely Descendant, as identified by the NAHC,
shall be contacted in order to determine proper treatment and disposition
of the remains.
g. Before construction activities are allowed to resume in the location of any
discovered significant cultural deposits, the artifacts shall be recovered,
and features recorded using professional archaeological methods. The
archaeological monitor(s) shall determine the amount of material to be
recovered for an adequate artifact sample for analysis.
h. All cultural material collected during the grading monitoring program shall
be processed and curated according to the current professional repository
standards. The collections and associated records shall be transferred,
including title, to an appropriate curation facility, to be accompanied by
payment of the fees necessary for permanent curation.
i A report documenting the field and analysis results and interpreting the
artifact and research data within the research context shall be completed
and submitted to the satisfaction of the lead agency prior to the issuance
of any building permits. The report will include DPR Primary and
Archaeological Site Forms.
23. Retaining walls shall be limited to six feet during all phases of the project and shall
be constructed using decorative block.
24. All two-way traffic aisles shall be a minimum of 25 -feet wide.
25. All parking spaces shall be double striped. The minimum dimensions for standard -
sized parking stalls shall be eight -foot six -inches by 18 -foot six -inches. The
parking lot design shall comply with the Americans with Disabilities Act for
accessible spaces, with one van -accessible space.
26. Parking lot lights, wall mounted lights and landscape accent lights shall be
required and shielded per PMC standards.
27. A Tree Removal Permit shall be obtained prior to the removal of any existing trees.
A separate permit is required for trees within the public right-of-way and trees
located on private property. The removal of both public and private trees shall
conform to Chapter 12.32 (Urban Forestry) Articles II and III of the PMC. If the
trees are proposed to be removed during the recognized nesting season for birds
(February 15 through August 15), a nesting bird survey shall be conducted by a
qualified biologist and report the findings in writing to the City. Between February
15 and August 15, removal of trees containing nests shall be delayed until such
time as the nest(s) have been abandoned unless the removal can be completed in
accordance with California State codes and the Federal Migratory Bird Treaty Act
of 1918.
28. Landscape and irrigation plans shall be submitted and approved for landscaping
of the site as noted below. The landscape and irrigation plans shall demonstrate
compliance with the City of Poway Landscape and Irrigation Design Manual,
Chapter 17.41 of the 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 17.41.110 of the
PMC, prior to final inspections/issuance of a Certificate of Occupancy.
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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 landscape plan shall address the following to
the satisfaction of the Director of Development Services:
a. Tree replacements per the approved tree removal permit.
b. A minimum of one 15 -gallon tree, per City specification, shall be provided
for every three parking spaces. Said trees shall be located to provide
shade cover for the vehicles where practical.
c. Landscaping of new planter areas within the new and modified parking Tots.
d. A five-foot wide landscape planter along property line where a new parking
or playground area has been provided.
e. Re -landscaping of the exiting parking lot.
f. Special attention shall be given to provide landscaping that enhances the
appearance of the new building as seen from Pomerado Road and provide
screening of the new parking lot spaces as seen from adjoining residential
properties.
g. All manufactured (cut or fill) slopes greater than a 5:1 slope.
h. Stormwater treatment facilities.
i. Show fences and retaining and freestanding walls.
H. Prior to building permit issuance, unless other timing is indicated, the following conditions
shall be complied with:
(Building)
1. The plans shall comply with the current California Code of Regulations with local
amendments identified in PMC Title 15 at the date of submittal to the Building
Division for review.
(Engineering)
2. The site shall be developed in accordance with the approved grading plans on file
in the Development Services Department and the conditions contained herein.
Grading of lots shall be in accordance with the California Building Code with local
amendments identified in PMC Title 15, the City Grading Ordinance, the approved
grading plan, the approved soils report, and grading practices acceptable to the
City.
3. The existing four -inch water line underneath the proposed building must be
removed.
4. Existing and/or proposed grease removal equipment for the kitchen shall be
identified on the plan.
5. All spoil materials from footings and foundations shall be legally disposed of off-
site or if the material is to remain onsite, the material shall be placed per the
requirements of the City grading ordinance.
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6. 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.
7. Applicant shall obtain a Grading Permit and complete rough grading of the site.
The grading shall meet the approval of the Engineering Inspector and the project's
geotechnical engineer. Following completion of rough grading, please submit the
following:
a. Two copies of certification of line and grade for the lot, prepared by the
engineer of work.
b. Two copies of a soil compaction report for the lot, prepared by the project's
geotechnical engineer.
The certification and report are subject to review and approval by the City.
8. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance.
9. Prior to start of any work within a City -held easement or right-of-way, a Right -of -
Way Permit shall be obtained from the Engineering Division of the Development
Services Department. All appropriate fees shall be paid prior to permit issuance.
10. 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.
(Planning)
11. The applicant shall contact the Poway Unified School District (858) 679-2570 to
verify if school impact fees are required. If required, the fees shall be paid at the
rate established at the time of Building Permit issuance.
12. Trash receptacles shall be enclosed by a six -foot -high masonry wall, with view -
obstructing gates, and shall provide an area for recyclable materials. Enhanced
exterior treatments to the trash enclosure shall be provided and shall be
architecturally compatible with the buildings. Locations and exterior treatments
shall be subject to approval by the Planning Division.
13. The building plans shall include elevations and cross-sections that show all new
roof -mounted appurtenances, including, but not limited to, air conditioning and
vents, screened from view from adjacent properties, to the satisfaction of the
Director of Development Services. Screening of utilities and mechanical
equipment located on roofs is appropriate with architectural design elements such
as trellises or an artistic design feature.
14. Exterior building materials and finishes shall substantially reflect the approved
elevations (Exhibit A) on file with the City and the conditions of approval, and shall
be noted on the building plans, to the satisfaction of the Director of Development
Services.
Resolution No. 20-015
Page 13
15. The colors and materials on the building shall be consistent with the approved
colors on file in the Planning Division.
16. Signs shall be proposed and approved under separate permits.
17. The landscape and irrigation plans on-site and within the right-of-way as noted
above fronting the property shall be approved in conformance with the City's
Landscape and Irrigation Design Manual.
(Public Works)
18. Applicant shall comply with AB 1826 (Mandatory Commercial Organics Recycling)
requirements and sign-up for organic recycling service through the City's franchise
waste hauler, EDCO, or through other acceptable means (food donation, food
recovery, etc.).
I Compliance with the following conditions is required prior to occupancy and release of
securities:
1. The site shall be developed, and the building elevations shall be constructed in
accordance with the approved plans on file in the Development Services
Department and the conditions contained herein. A final inspection from
appropriate City departments will be required.
(Engineering)
2. All applicable easement dedications and maintenance agreements are to be
recorded.
3. 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.
4. The stormwater facilities shall be complete and operational prior to occupancy.
5. The drainage facilities, paving, slope planting measures, and all utility services
shall be installed and inspected by the Engineering Inspector for approval. All new
utility services shall be placed underground.
6. An adequate drainage system onsite capable of handling and disposing all surface
water shall be provided to the satisfaction of the Engineering Inspector.
7 The applicant shall repair, to the satisfaction of the City Engineer, all damages to
public and private improvements caused by construction activity from this project.
8. After completion of all work, record drawings, signed by the engineer of work, shall
be submitted to Development Services for review prior to a request of occupancy,
per Section 16.52.130B of the Grading Ordinance. Approval of record drawings is
required prior to issuance of occupancy and release of grading securities. Initial
submittal of record drawings at least three weeks prior to a request for occupancy
is recommended.
Resolution No. 20-015
Page 14
(Planning)
9. Landscaping and irrigation shall be installed per the approved landscape plans for
each phase requested for approval.
J. The following conditions shall be complied with to the satisfaction of the Fire Chief:
1. Approved fire apparatus access roadways shall be provided for every facility,
building or portion of a building. The fire apparatus access roadway shall extend
to within 150 feet of all portions of the project and all portions of the exterior walls
of the first story of all buildings as measured by an approved route around the
exterior of the building or facility.
2. 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. Access to each phase of development shall
be to the satisfaction of the City Engineer and City Fire Marshal.
3. The project 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 having a minimum of 13 feet 6 -inches of vertical clearance.
This 20 -foot access width is the minimum required for Fire Department emergency
access. In most cases, City Engineering standards will be more restricting. The
more restrictive standard shall apply. The Fire Chief, pursuant to the City of PMC,
shall approve the road surface type.
4. The new parish community center is required to be equipped with an approved fire
sprinkler system according to PMC requirements. The fire sprinkler system shall
be designed to meet minimum design density at the roof per NFPA 13
requirements for the parking structure and all non-residential areas. The fire
sprinkler system installed in the residential occupancies shall meet NFPA 13R
requirements. All systems are required to be monitored by a central monitoring
company. Backflow valve assemblies with tamper switches shall be monitored.
The City Fire Marshal shall locate these fire protection devices prior to installation.
Two separate plan submittals to the fire department will be required, one for the
fire service underground and a second for fire sprinkler design. A water analysis
is required.
5. The shade structure above the terrace on the Parish Community Center is required
to have fire sprinklers.
6. The existing post indicator valve (PIV) shall be upgraded to a Reduced Pressure
Detector Assembly (RPDA).
7 Fire sprinkler riser(s) shall be located within ten (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 three-foot man door.
Resolution No. 20-015
Page 15
8. A metal sign with raised letters at least one -inch (25mm) in size shall be mounted
on all fire department connections serving automatic sprinklers, standpipes or fire
pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or
STANDPIPES or TEST CONNECTION or a combination thereof as applicable.
Where the fire department connection does not serve the entire building, a sign
shall be provided indicating the portions of the building served.
9. A properly licensed contractor shall install an automatic fire alarm system to
approved standards according to the PMC. The system shall be installed
according to NFPA 72. The system shall be completely monitored by a UL listed
central station alarm company or proprietary remote station. A plan submittal to
the fire department is required.
10. A `Knox' Security Key Box shall be required for the building at locations determined
by the City Fire Marshal.
11. The buildings shall display the approved numbers and/or addresses in a location
plainly visible and legible from the street or roadway fronting the property from
either direction of approach. Said numbers shall contrast with their background
and a size approved by the City. Each building address shall also be displayed on
the roof in a manner satisfactory to the fire code official, and meeting Sheriff
Department-ASTREA criteria.
12. A 2A10BC fire extinguisher(s) are required for office areas every 3,000 square feet
and 75 feet of travel distance.
13. If an elevator is installed in a building, at least one elevator car shall be sized to
accommodate a normal size ambulance gurney. Minimum dimensions for the
inside car platform shall meet the "Medical" size standards per the California
Building Code.
14. A hood and duct extinguishing system shall be installed for all commercial cooking
facilities within a kitchen area. A plan submittal to the fire department is required
prior to installation.
15. Smoke detectors shall be installed in all residential bedrooms and adjoining
hallways. The smoke detectors shall be hard -wired, with a battery backup, and
shall be wired in such a manner that if one detector activates, all detectors activate.
16. Carbon monoxide detectors shall be installed in residential hallways adjoining
bedrooms, both in the proposed addition and existing residence. The carbon
monoxide detectors shall be hard -wired, with a battery backup, and shall be wired
in such a manner that if one detector activates, all detectors activate.
17. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes"
with appropriate signs and curb markings.
K. The following requirements shall be adhered to upon establishment of land uses and
occupancy is granted to the satisfaction of the Director of Development Services:
1. Immediate removal of graffiti and any other type of offensive debris is required.
Resolution No. 20-015
Page 16
2 Any fences, walls or signs proposed for this development shall be designed and
approved in conformance with the PMC and to the satisfaction of the Director of
Development Services.
3. All screening walls shall be well-maintained.
All physical elements of the project shown on the approved building and landscape
plans shall be substantially maintained per the approved plans, except as noted
herein, to the satisfaction of the Director of Development Services.
5. The cloth shade fabric shall be kept taught and shall be repaired or replaced if torn
or faded to the satisfaction of the Director of Development Services.
6. All activities on-site shall comply with the Poway Noise Ordinance (Chapter 8.08
PMC) requirements that govern noise levels.
7 Outdoor activities within the terrace involving amplified sound is subject to the
approval of a Temporary Use Permit by the City pursuant to Chapter 17.26 of the
PMC.
8. The use of the facility shall be limited to assembly and preschool activities, along
with related accessory uses.
9. All light fixtures shall be designed, shielded and adjusted to reflect light downward,
away from any road or street, and away from any adjoining premises.
10. The parking areas and driveway shall be well maintained.
11. All landscaped areas on-site and within the right-of-way fronting the property 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. Unnatural or excessive pruning, including topping, is not permitted.
12. 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.
SECTION 6: The approval of CUP 18-019, DR 18-008, and VAR 19-001, shall expire
April 7, 2022 at 5:00 p.m., except if prior to that time a Building Permit has been issued and
construction has commenced on the property, or unless prior to the expiration a request for a time
extension is submitted to the Development Services Department and a time extension is
subsequently granted by the City Council.
SECTION 7: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
Resolution No. 20-015
Page 17
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 7th day of April, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
ATTEST:
MULLIN, LEONARD, GROSCH, VAUS
NONE
FRANK
NONE
Faviola Med
na CMC, City Clerk
Steve Vaus, Mayor