Covenant Regarding Real Property 2005-0290693
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, 2005-02(~Of,';J:3
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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In the event that CUP 04-06 expires or is rescinded by City Council at the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
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. . 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
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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.
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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