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Covenant Regarding Real Property 2005-0290693 --- ~ " . . . DC.# , 2005-02(~Of,';J:3 0' J illllllllllllll! 111111111111111111111111111111111111111111111 11111111 RECQRDING REQUEST BY: ) ) CITY OF POWAY ) 10678 APR 08, 2005 12:33 PM ) OFFICLoL F:ECUHD'., WHEN RECORDED MAIL TO: ) ':...::..l'l [ilr.l.iCI LOUtH'1 F:[cuF:[IEF:"~ OFFII~E ) (lREGCIF:'1 .i '~t.~ITH courn'r F:UOF:[IEF: CITY CLERK )f~ FEE, ~I-II)] P':':',I:JE :', lS CITY OF POWAY ~ )5? I 111111 1111111111111111111111111 11111 1IIIi 11111 11111 1111111 III111111111111111111 POBOX 789 POWAY CA 92074-0789 ) lCOn ,2005-0290693 ) No Transfer Tax Due ) (This space for Recorder's Use) APN: 314-260-27 COVENANT REGARDING REAL PROPERTY Candice M. Young, PROPERTY OWNER ("OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number APN 314-360-27 ("PROPERTY" hereinafter). In consideration of the approval to establish a Montessori school, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit B), This Covenant shall run with the land and .be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that CUP 04-06 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party D,t,d <5/.;jn5 By: CITY OF POWAY Dated: ~. IS'"' O~ By' ,,j; Niall Fritz, Director of Develop . ent Services os-- () ~'t . . . 10679 CALlFORNIAALL.PURPOSE ACKNOWLEDGMENT State of California } ss I ~M (j/"c'-":) n I County of ~ On '3/-$( /0":,- before'me, u-e.~ oL,.- ;J~t..1 . Dale ' N~me and TillE." of Officer le,9.. "Jalle D . Notal)' Public'") personally appeared C'>-<-L.J 1 c:..-e..- ./-7 Y0C<.-i.-< ~ Name(s) DfSigner(s) D personally known to me I ~oved to me on the basis of satisfactory idence .1 I, ,J to be the. person(s) whose narne(s) is!_ subscribed to- ~he within instrument and ....ME~IS~A~~V~~.... ,.. r acknowledged tome'tbaHl'e/she/lRE!y executed the same' in l>i'S/her!tReir authorized GCiMM, i!'1377S71 g capacity(i~s), and that by hiS/her/t__ I tIDTARY, PUBUC;CAUFORNIA -t signature(s)'on the instrument the person(s), or I SAN DIEGO COUNTY. 0) the entity upon behalf of which the person(s) I My Comm: ExpIres Clctobe, 1 ~ 2006 I acted, executed the instrument. [ WITNESS my hand :nd official sel I' ~~ ~e,-- ~ @<'"""" Signature'ofNolaryPublic OPTIONAL Though the information below is riot required by law" it may prove valuable to persons relying on thi:! document and could prevent fraudulentremova/'and'reattachment of this form to another document. I Description of.AttachedDocument I I Title or Type of Document: I Document Date: Number of Pages: [ I I Signer(s) Other Than Named Above: I 1 Capacity{ies) Claimed bySigiler I [ Signer's Name: [, I D Individual Top 01 thumb 11ere D Corporate. Officer - Tille(s): D Partner - D limited D General ,I D Attorney-ln.Fact ] [, D Trustee ,I o Guardian or Conservator D Other' I Signer Is Representing: @1999 National Notal)l Association; 9350 De SotoAve. P.O. Box 2402' Chalsworth, CA 91313-2402' wwwnalionalnotary.org Prcd.NO,5.907 Raorder:CallTolI Free ,.800-876-6827 . . 10680 . EXHIBIT A LEGAL DESCRIPTION Real property in the City of Po way, County of San Diego, State of California, described as follows: Parcel 1 Thatportion of the Southeast Quarter of the Northwest Quarter of Section 2, Township 14 South, Range 2 West, San' Bernardino Meridian, in the County of San Diego( State of California, according to United States Government Survey, approved April 22, 1876, described as follows: Beginning of the Southeasterly corner of land described in Deed to John C. Arend, et ux Recorded April 9(,1957 in Book 6528, Page 272 of Official Records, being the'intersection of the Southerlyline.of the,Northwest Quarter of said Section 2; with the center line of that 60.00 foot road known as Pomerado Road {Mission Road 1-A and formerly County Highway Commission Route 3, Division l);assald'intersection is shown on Recgrdof SurveyMap No. 5740( filed in the OffiCe of the County Recorder of said San Diego County, January 10, '1961, and being also a point in ,the arc of a.curveiin said center line, concave. Northwesterly, having a radius of 1000.00 " Jeet, a radialline.ofsald'curve bears South 58 degrees iT 27'" East to said point; thence along said center line and the Southeasterly line of said 'Arend's Land Northeasterly along the arc of - . .-. -', --.',- said curve through a central angle of 09 degrees 12' 40, a di~tance of 160.76 feet to the point of tangency; thence a!ong,a,Northwesterly line of said Pomerado Road; thence North 70 degrees 12' 30" West, 250:00 feet; thence South 12 degrees 21'30" West, 233,50 feet tothe intersection with theSoutherlyline'of the Northwest Quarter of said Section 2; thence along said Southerly line, South 87 degrees 22' 27" East 240.00 feet to the point of beginning. Excepting therefrom the Southerly 20.00 feet thereof -. .... Also excepting therefromthat portion granted to the,County of San Diego for road purposes, by Deed Recorded October 31, 1972 as instrument No. 291896 of Official Records. Parcel 2: An easement for road and public utility purposes over that portion thereof lying within that strip of land delineated and designated as "41' easement reserved for road purposes' on Record of Survey Map No, 5740, Excepting therefrom that portion of said easement lying within Parcel 1 above, . . EXHIBIT B 10681 RES.OLUTION NO P-05"t8 A.RE~.oL.UT,ION OF THE CITY COUN€IL OF THECElYOF POWAY, CALIFORNIA APPROVING CONDITIONAL USE:PERMIT 04-06 ASSESSOR'S J:?ARCEL NUMBER 314-360-27 WHEREAS, Conditional ,Us~ Permit (CUP) 04~06 was submitted by Oak Knoll Montessori, Applicant, to estaqljsh a Montessori school within a 3,379-square-foot existing' residential ,building locatea' at 15010 Pomerad6 Road, in the Rural Residential C zone, and; WHEREAS, on March is, 2005, the City CO,uncil held a dyly advertised public hearing' to solicit comments from the public, both" pro and con, relative to this application, NOW, THEREFORE. BE IT RESOLVED by the €ity Council of the City of Poway as follows: Section 1. An E.nvironmerital Initial Study was complet~q on the project and it was determined that the establish,m.ent of the proposed use of the property will not have a significant adverse impact on theenvironmenl 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 1748.070 of the Poway Municipal Code, for CUP 04"06 to establish a private school within a 3,379-square-foot existing residential building .Iotatedat 15010 Pomerado Road, in the Rural Residential C zone, are made as folloWs: A. The proposed location, size, dEOlsign, and operC!ting 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 stru_ctures ill that'the use will be located within an existing residentia,l buiJding. The location on a major thoroughfare will not cause an impact to local residential streets .and therefore will not increase the intensity .. ... _. ~ . . . of use ih the surrounding residential area. C There are adequate public facilities, services, and utiJities available at the subject site to serve'the private school. . . . 10682 Resolution No P-05-18 Page 2 D There will not be a harmful effect upon the desirable surrounding property characteristics in that thepril/ate 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 jandscaping along streets and throughout the. property This property is lower tl;1an 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 i,mp'act 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, <elM 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 patkingifacilities to serve the proposed private school and'an adequate queuing area for dropping off children. F The ~ite is suitable feit 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 witt] 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 willnbt impact natural habitat resources, H. Thatthe 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. oPElrate within an existing residential building and the operating chaglc<te,[istics of the private school are appropriate to the purpose of the zone in whichtheisite 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 04c06 are made as follows: A. The desigrl and improvements of the proposed development are consistent with all. elements eiflhe Roway 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 paymerlt of fees are necessary as a . . . 10683 Resolution No P-05-18 Page 3 result of the propmfed deVelopment to protect the public health, safety and welfare: 1 Oncsite and offcsite drainage improvefn:e[lts 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 develoPlllent and provide lighting of the sidewalk. 4 Water and sewerfees'.VJiII be paid, which,areassessed ona procrata basis to finance and provide' public infrastructure, improvements, Improyements will be made, to provide adequate water and sewer service 'to the expanded development. 5 Traffic mitigatjon ,fees, assessed on a pro-rata basis to finance and provide public infrastructure improvements,. will be paid to promote a safe and healthy,environmenl'for the residents'oftheCity. 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, subjecU6the following conditions: A. Approval of this CUP shall apply only to the ~ubject project and shall not waive compliance with all s~cti6ns of the Zoning Ordinance and all other applicable City Ordinances in effect aHhe time of Building Permit issuance B Within 30 days of the date of this approval: (t); the applicant shall'subm.it in writing tf;Jat' all conditions otapproval have ~ee.riT~ad -and ynderstood; and (2) the property owners shall e)(ecute a Covenant Regarding Real Property C The use conditionally granted by this approval: shall not be conduct~d in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. D, Thec6nditions 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 ofthe current property owner E. COP 04-06.may be subject to annual r\lViE;w,as determined by the Director of Development Services, for compliance .with the ,conditions of approval and to addresscohterns'lhat may nave been raised during the"prior year. . . . 10684 Resolution No P-05-18 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 Pemiit application, and geotechnical report(s) to~'the'Development Services Department. a. Gradingmf'the projeCt shall be in sLibstantial conformance with the approvEidde'vEilopment plan and ih accordance with the Uniform Building Code, City Grading Ordinance, City Storm Water Managemerif and Discharge Control Ordinance, and Standard Urban Storm Water Mitigation Plan, b. Paving ()f..the parking lot shall conform to the standards set forth in Secti6h 12.20 080 of the PowayMunidpal Code. c. The driveway shall be improved to ,a minimurn 2400-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 c1ear'sight distance entails, but is not limited-to, relocation of existing'improvements and/or removal of obstruction within a clear view i3reaas aetermined by the applicants project engii1eer, bLlt submitted to review and approval by the City A clear' sr)ci'ce easernent for sight distance preservation shall be dedicatea'to the City d A drainage system capable of handling and disposing of all surface water origiOa@g within the developrnent 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 sh'all be desighed 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 Erosioricontrol, including, buthot.iirnited to, desiltation basins, shall - b~ installed and maintained frorn 0ctober 15th to April 15th, An .erosibncontrol plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The applicant/ . . 10685 Resolution No, P-05-18 Page 5 deVelgper 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,wayor City-held easements. 3. The applicantJdeveioper shall pay the following: Grading Permit fee = $100 00 per permit " Grading plan check = To be determined based on the following guideline. If the costofimprovements is: $1 to $25,000 = fee is 5%,($500 min.) $25,001 to $50;000 = add'l fee oH% 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 ovet.$500,60b = Timeand'materials (T&M)* *If projl')ct ,qualifies for T&M, applicant/d~veloper shall post a deposit, the amount of which shall be determined by the City This deposit ~!i(jll 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 (jS in grading plan check fee calculation (See above plancheckfee guidelines), Geotechnical ReVieWs = $1,300 Plan check and inspection fees are to be 'calculated ba?ed on City approved cost estimates, using City's adopted unit costs, prepared by the applical1tts projec.t.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. Submitlal'of'a request for and hold a pre"construction meeting with a City Engineering 'Inspector The applicant/deyeloper shall be responsible that necessary individuals, such as, but not limited to, contractors, subcol;}tractors, project civil engineer, and project soils engineer must attend the pre"cbnstruction meeting. . . . 10686 Resolution No pC05-18' Page 6 (PublicWorks) 7. Improvementplans.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 possibie 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'ofinterpreted sOlvent\Jsage/storage at the site and analyzed for volatile organic compounds tEPA method 8260B). Any remedial work as a result of this testing shall be completed prior to occupancy 10 A 6-footchigh wood fence shall be installeQ along the north and west property lines, starting from the playgroun'd area to the northern limits of the parking loti toithesatisfaction ofthe Oeveiopment 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 complywith the' following: 1 The applicant sh.ali comply with the latest adopted Uniform Building Code, National EledricCode,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 al1d 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. . . 10687 Resolution No P-05-18 Page 7 5. City approval of aceftifigation of line and grade. A State registered Civil Engineer or Licensed bind Surveyor shail'prepare the Certification, 6 Payment of developmenUees to the City, unless other payee is indicated. The fees and the corre.sponding 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 =X" meter = $ 3,710 per meter For 1" meter = $ 6,678 per meter For 1 W."meter = $10,388 per meter Other meter sizes = Contact Engineering Division Water metef'fee (Applicable only if a new water meter is to be set) Fory.." meter = $.130 per meter For 1" meter = $270 per meter For'1 ;I;,:'meter = $600 per meter Other meter sizes = Contact Engineering Division SDCWA capasity 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 Foro/." meter = $2,461 per meter For 1" meter = $3,206 per meter For 1)12:' meter = $6,012 per meter Other meter-sizes = Contact Engineering Division Sewer connection fee = $5,418.80 (based on a net increase in sewer EDU of 2.3) Sewer E0U generated b'y'68 students = 3,3 (68 x 12)/ 250 = 3.26 rounded, upto 3 3 (33 - 1 EDU crediUor existing residence) x $2,356 = $5,418,80 where' 12 = No of "gallons per student 250 = No. of gallons per EDU Sewer c1eanout fee =$50,00 per c1eanout (if needed) Sewer c1eanout inspection fee = $25.00 per c1eanout Drainage fee = None Traffic initigation fee = $132 . . 10688 Resolution No P-05-18 Page 8 68 students = 68 trips generated (68 trips x $16.5Q)- $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 mustcomplywith 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. AII.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 replacedwith 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 boa~g, 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'sodiuin, ar;Jd 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 vie\/\(, and sOlmd 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 preliniinary 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 uponnsubmittal of the plans. Plans . . 10689 Resolution No P-05-18 Page 9 sh<'ill beprElpared ihaccordance 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 treessh~ll.iriclude 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-feel. c. All slope plantings shall be installed, and automatic irrigation system shall be installed and operational at time of final ihspeCtion, 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 perUBC Sections 1503 ahd 1504,. and City ol'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 comple'tely, monitored by a U.L. listed central station alanm company or proprietalyremote station, 3 A h09d and duct extinguishing system. shall be installed for all cooking facilities within the kitchen area. Plans to, bel submitted and approved prior to installation. 4. A 'Knox' Security Key Box shall be requiredfcir the buildingal a location determined oythe City Fire Marshal. 5 fire, Depan:mentaccess for use of fire fighting equipment shall be provided to theirnmediate job construction site at the startof'construction arid niaihtained 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 3AAOBC fire extinguisher required for every 3,000 square feet and 75' travel distance. . . , 106'90 Resolution No P-05-18 Page 10 8 Address numbers are to be at the beginning of the driveway,as'well ason the building. The numbers shall be at leClsfsix inches in height and easily seen. 9 Additional FireDepartmentturnaround 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 .Qccupancy arid release of securities, unless other timing is indicated, the following conditions shalj 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 Ordinan.ce N. 569 The agree'meht shall be subject to City review and approvalpridr to its Tecordation in the office ofthe San Diego County Recorder Recording fees shall be paid bytheapplicantlowner 4 Grading securities shall be released only IJpon completion of the project and upon City.approval of the record drawings of the grading plans. (Traffic EngineeringL 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 posJed. that states right turns out only are alloV\ied, 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 S.ight, Distaf}[:e 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 drive~ay.exit. I Upon establishment of the private school, pursuant to CUP 04-06, the following ~hall apply' (Planning) 1 Any signs proposed for the use shall be designed and approved in conformance with the Poway Municipal Code Sign Ordinance. .. . . 10691 Resolution No P-05-18 Page 11 2. All facilities and related equipment shall be maintained in good repair Any damage from any cause shail 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 lightfng is permitted to remain on provided it has proper shieiding and does not create glare on adjacent properties. d. All lighting fixturesshcill 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, a09 ~h~1I comply with the noise standards conta.ine(j iO Chapter 8.08 of'tne Pbway 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 ownefor ope.rator of the facility shElII routinely and regularly inspect the.site to el:1surecompliance with thesfandards set forth in this permit. 6 All landscaping on-site and within the adjacent public right-of-Way shall be ad,equat('lIY.irrigated, and permanentlyaild 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 th~ 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 A3(0). Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface, , . . . 10692 , Resolution No. P-05-18 Page 12 7 The parking areas, driveways and landscape areas shall be well maintained. 8 The applicarit shall provide all parents with written notification that any parking or loading/uriloading 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 tillle, a Buiiding 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 qf March 2005 ATTEST L::I)!!::'Oty~ STATE OFCALlFORNIA ) )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: AYES EMERY,REXFORD,CAFAGNA NOES NONE ABSENT BOYACK, HIGGINSON DISQUALIFIED' NONE C)~~ L. Diane Shea, City Clerk City of Poway