Covenant Regarding Real Property 2003-0005584
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. 2003-00Q5584
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REGORDING REqUESJ'BY: ) JAN 03. 2003 8:20 AM
) OFFICIAL RECORDS,
CITY OFP.OWAY )
SAN DIEGO COUNTY RECORDER'S OFFICE
) GREGORY J, .SMITH, COUNTV RECORDER
WHEN RECORDED MAIL TO: ) FEES: 92,00
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CITYGLERK ) \ \\\\\\ \\\\\ 1\\\\ 1\111 \\1\ \\\\\\ 1\\\\ 1\\\\ \\\\\ \\\\\ \\\\\ \\11\1\\ \1\\ \
CITY'QF POWAY )
POBOX 789 ) 2003-0005584 -
fF POWAYCA 92074-0789 )
id )
No TransferTax Due ) (This space for Recorder's, Use)
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COVENANT REGARDING REAL PROPERTY
Ner Tamid Synagogue and Rancho Bernardo Cornmunity Presbyterian Church,
PRQPERTY OWNERS ("OWNER" hereinafter), are the owners 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 314-370-37 ("PROPERTY" 'h~reinaner). In consideration of the
approval of CUP 02-11, 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, encumbrances, successors, heirs, personal representatives, transferees and
assigns of the.respective parties,
In the event that CUP 02-11 expires or is rescinded by City Council aUhe request of the
OWNER, CITY shall expunge this Covenant from the record lilIeof the PROPERTY
In the event of litigation to enforce the provisions of this'Covenant, the prevailing party
shalLbe entitled to full reimbursement of all costs, including reasonable attorneys' fees"from the
other party
Dated: I z.. // 1$/(9 'Z..- By'
I ' L t A t~Notarizm" Ad" t
es er rms, ong, Slness mlnlstrfr or
Ner Tamid N ounty Conservative Synagogue
Dated: A:Z I,g I 0;;(> By' ~. e. rr
Israel Gers hon(I'tl~W~a ~n, Pres i dent
Dated: 1z,..,~'O~
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CALIFORNIAALL..PURPOSE ACKNOWLEDGMENT
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State of California }
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County of " {!~~ '
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I On ( O( :;'oo,;;L ,before me,
Date Name and of Icer(e.g:;:Jane Doe, Notary Public")
personally appeared W'W Ar~ cu...o( (Sri.);{:.{ ~11@ffi
1 e(s)of Signer(s)
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D p~onally known to me
: IZl15roved tome on the basis of satisfactory
evidence
to be the perso~ wh'2se namEl!W' .is/@
subscribed to the within instrument and
~ ~ _, _ _ _' _ _ _ _ _ _ acknowledged to me that h~exec~ted
~ BECKYL'RASH ~ the same In: ~ authOrized
" _.- CommiSsion',1317496 capaclt~, and that by hislflef/t@"'
~,' N,otaryPUbliC - California ~ signature6J, o,nth,e instru, ment the personW; or
, ~ SanDiegp Cou~1y f the entity upon behalf of wh ich the person@
I MyComn"E>cpi"",A"'"112OO5'" ,
" - ,'.", ",,",,' , acted, executed the Instrument.
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Place Notary Seal Above 1
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, OPTIONAL
Though the information,beJow,is,notrequired by law, it may prove valuable to persons re/jting on the document
I and could prevent fraudulentremovaf and reattachment of this form. to another document"1
" I
" Description of Attached Dument A ~~AA ',' ~ J1'-A ' I
:' Title or Type of Document: ~ J~ a ~
Document Date: Uw./ 10 I :;2-6ZJ 2..... Number of Pages:
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:, Signer(s) Other Than Named Above: _M 4..U ~ h
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, Capacity(ies) Claimed by Signer
I, Signe(s Name:
I D Individual .? . LJ 11 J -, Top of thumb here :
, E('Corporate,Officer ~ Title(s) r v.e.s 7 OR..MJ ~-1 ,
I D Partner ~ D,Limited D General,
D Attorney in Fact )
I' 0 Trustee 'I
I' D Gua"rdian or ConserVator
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,,' Signer Is Representing:
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@1999NatlonaINotarYAssoclatlon.9350DeS010Ava_, P_O. 80x 2402. Chalsworth, CA91313.2402;' www.nationalnotaiy.ofgProd.No. 5907 Reorder: Call Toll Free 1 800 876 6827
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7137
EXHIBIT A
LEGAL DESCRIPTION
Parcel 2, in the County of San Diego, State of California, as shown at Page 4335
of ParcelJl.llaps filed in the Office of the County Recorder of San Diego County,
December 26, 1975.
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EXHIBIT B 7138
'RESOLUTION NO PC02"63
ARESOLUTION OF THE CITY COUNCIL
OF THE CITY'OF'POWAY, CALTF'ORNiA,APPROVING
CONDITIONAL USE PE~tv1IT 02-11 AND DEVELoPMENT REVIEW 02c16
ASSESSOR PARCEL NUMBER314~370-37
WHEREAS, Conditional Use Permit 02~11 and Qevelopment Review 02-1.6 were
submittedbyNer TamidSynagogue, for the phased deyelbpmeritof a 17,000":,fquare-foot
sanctuary/ad,mihistrativ~/classroom building and a 12,000"square-foot multi~purpose
building which will beused"to.establish a Synagogue, a:pre-school and a religious school.
Theapplicantalso proposes,to install temporarily, 9,300,squareteetof modular buildings
(three buildings) on the site during the initial developmerit 'phases of the project. The
propertyis:zoned RuralResidential C; and
WHEREAS, on O~t9bE;'l~ 29, 2002, the City Council held a duly advertised public
hearing to solicit comments'fromthe,public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1. The City Council has considered the EnvironmentaUnitial Study,(EIS), Mitigated,
Negative Declaration (MND); and associated Mitigation Monitoring Program: shown as"
ExhibitAofthis Resolution for Conditional Use PermiI02,.;11 and DevelbpmentRevieW02-
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16. The subject EIS and MND documentation are fully incorporated, herein by this'
reference. The City Cou'ncil finds, on the basis ofthe whole record before it; :th~nl1ereis'
no substantial evidence the: project will have a significant impacton the enviro()ment, that
the rnitigation measures contained in the EISand ExhibitA hereof will mitigate potentially'
significant impacts to a less than significant level, aridUiat the MND refle9t~ the
ind~pende!1t judgmentqnd analysis of the City. The City Council hereby'approves the
MND and the associated Mitigation Monitoring Program attached to this Resolution as
Exhibit A,
Section 2: Pursyaht to th,€l <::ityofPoway Subarea Hab!tatConsefYation Plan (f'Sf::lCP), a
project specific biological rep6rtand an addendum letter by Brock Ortega of Dudek and
Associates, Inc., dated June 2002 and September 1 ,2002.resfJectively, were.subrriitted:tor
the property:. Project grading will irnfJact apfJroximaJ,ely 0.55-!3cres of on-siteCoastalSage
Scrl!~,'O 56"acre~pf ofHiteCoastal Sage Scruban.o Q:99"acres of Br<i)()m Baccharis Scrub
located on property outside oUhe Mitigation Areas:ofthe Poway HCP In accordance with
the Poway Hep, the required findings for appro)/al of 'the proposed mitigation for the
removal qf Coastal:SageScrub and Baccharis Scrubhat'>itat for Conditional Use Permit 02-
11 and DevelopmeritReview 02-16 are as follows:
A. The proposed project is outside of the Mitigation Area of the Poway HCP The
mitigation is consistent with and furthers the implementing objectives of the Poway
HCPdnthatthe:applicantwill mitigate impacts:to Q 55-acres of on-site Coastal Sage
Scrub, O,56-acresof off-site CoastalSage Scrub'a()d Q,99-acresof Saccharis Scrub
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7139
Resolution No. P-02-63
Page 2
~ta W~ ratlo,.; Said mitigation will be t~roLJgtJ the ,acquisition ofSuitable chaparral
habitat"and tile recordation of an offsite Biological Conservation Easement Deed
preserving,comparable undisturbed and unencumbered habitat of equal or greater
conservation value located within the HCP Mitigation Area, and/or by the payment of
In-Lieu Fees.
B. Preservation of such habitat Within the Mitigation Area and/or payment of In-Lieu
Fees will contribute toward the building ofthe ultimate total Mitigation Area preserve
system of the HCP. Therefore, such habitat preservation and/or payment of In-Lieu
Fees will serve to enhance the long-term viability 'and function of the preserve
system.
C. The habitat preserved through offsite dedication or purchased by mitigation In-Lieu
Fees paid will beto,the long-term benefit of the PSHCP covered species and,their
habitats in thaHbe recordation of a Biological C9!,\servation Easement Deed over
undisturbed and unencumbered habitat (See "A" above) and or the payment of In~
Lieu Fees, will promote a<meaningful addition to the assembly of a viableTegional
system of uninterrupted natural habitat resources, habitat linkages, buffers, ,and
wildlife corridor.
D The preserved habitatwillfosterthe incremental implementation ofthe PSHCP in an
effective, and efficient manner in that the preservation of off site conservatiomarea(~)
will be withJn an identified Mitigation Area within the City, and/or the payment ofJn-
Lieu Fees will contribute likewise towards, assembling the total Mitigation Area
preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to.the
succElssfyl implementa(ionof the PSHCP as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within permanent public
biological conservation easement deeds or In-Lieu Fees will be paid.
Section 3: The findings, in accordance wjth"Sectio@ 1748.070 of the PowayMunicipal
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CodeJorlhe"approval of Conditional UsePermit 02"11 to construct a 17,OOOcsquare-foot
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sanctuary/adrninistrative/c1assroom building and a 12,OOO-square-foot multi-purpose
buildingwbichwill tJEJ \,lsed to establish a Synagogue, a precschooi and a religious school
and the temporary placement of 9,300 square, feet< of modular building space (three
buildings)'on the '8:6-acre!site located in the 15306 block'ofPomerado Road on thewest
side ofthe streeLare made as follows:
A. The size and design of the Synagogue, pre-school and religious school are
permitteg uses in the Rural Residential C with the approval of a Conditional Use
Permit. TherElfore, the proposed location, size, design and operating characteristics
of the uses are in accordance with the title and purpose of Section 17 48:070 of the
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7140
Resolution No, P-02-63
Page 3
PbWay Municipal Code, the purpose ofthe,zone in which the site'is located, the City
General Plan and'the'developmentpolicies,and,standards of the City.
B The Synagogue, pre+schoolandreligious school. have been designed to comply with
the Poway G~neral Plan and Municipal CodEl'an~willbe Consistent with surrounding
development. TherefQr.e, the location, size, desigri ahdoperating characteristics of
the proposed uses Will be compatible with arid will not adversely affect or be
materially detrimentano adjacent uses, buildings, structures, ornaturaLresources.
C. The Synagogue, pre-school and religious school will meet or exceed staridards for
scale, coverage arid density. Therefore, the harmony ih scale, bulk, coverage and
density of the project is consistent with adjacent uses.
D. There are public facilities, services and utilities available to the site.
E. The Synagogue, pre~schooland religious schooL have been designed to comply with
the Poway General Plan and Municipal Code standards and the uses will be
compatiblewith,surrounding development. Therefore, there will be no harmful effect
Lipon desirable rieighborhood characteristics.
F The Synagogue, pre"school and religious schoolwill not result in a significant impact
on' the character or the intensity of the transportati()nsystemin'thevicinityand is
found to be consistent, with the Circulation Elefilentofthe General Plan.
G. TheSyhagogue, pre"school and religious schooLareallowable on land zoned Rural
Residential C and the property is located in, an area with suitable ~irculation and
other infrastructure The surrounding developmeDtis compatible with(heproposed
uses. Therefore, thesiteis suitable for the SynagogUe, childcare facility and'private
school.
H. The use involves no hazardous materials' or prOCj'lSses, nor does'it significantly
affect natural resources. Therefore, there will nbtbe significantharmfuleffectsup'pn
environmental quality and natural resources.
I Trere are'lllo otl]er relevant negativeimpac!s of the proposed use that cannot be
mitigated
J T,he impacts, as described above, and the proposed location, size, design ar:ld
opt)ratir;1g characteristics of the. proposed' use and the conditions under which it
woulcL,b,eoperated or maintained will not be detrimental to the public health, safety
or Welfare, or,!)lateri!3l1y injurious to properties or improvements iri the vicinity nor be
contrary to'the adopted General Plan,
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Resolution No. P-02-63
Page 4
The propose~dponditional usewillcomplywith each oftheapplicable provisions of Section
17.48.070 ofthePoway Mimicipal Code with regard to current development standards.
Section 4: Th~ findings, in accordance with Section 17 .52,of the PowayMunicipal Code,
for Development Review 02-16 for the construction of a 17,000-square-foot
sanctuary/administrative/classroom building and a 12,OOO-squarecfoot multi-purpose
building lilnd temporary installation of 9,300 square feet of. modular building space (three
buildings) on the 8.6cacre site located in the 15300 block of Pomerado Road on the west
side of the street are made as"follows:
A. The Synagogue, childcare facility and private school buildings have been designed
to comply with the development standards of thePoway General Plan and Mlmicipal
Code. It will not create a negative visual impact as viewed from the street and
neighboring properties, Proposed landscaping willsoflen the building from such
views. Exterior colors and materials will help the buildings blend inwith:surrounding
development. Therefore, the building respects the interdependence of land values
and aesthetics to the benefit of the City.
B The buildings have been designed to cornply with the development standards ofthe
Poway General Plan and Municipal Code and be in character with existing
development in the area. Therefore, the propo!,ea development does ~ot<::ohQict
with the orderly and harmonious appearance of structures and property within the
City along with associated facilities, such as but nol'limited to signs, landscaping,
parking areas and streets.
C There are public facilities, services and utilities available. No significant traffic
impacts will occur withthis'development. The projectwill,otherwise conform to. all
City ordinances. Therefore, the proposed project does not detract from the
maintenance of the public health, safety and general welfare, and property
throughout the City
D. The buildings are designed to be consistent in design with surrounding
development. Therefore, the proposed develClpmentresfJects the public concerns
fo(the, aesthetics of developments.
E, The fJroposed fJroject will meet the required design regulations and will otherwise
cohiplywithalloflhe relevant codes and standards of the Cityof Poway Therefore,
the proposal does not have an adverse aesthetic, health, safety or architecturally
related impact upon existing adjoining properties, or the City in general.
F The proposed projectwill comply with all oftheprovisions of the Zoning Ordinance,
and the General Plan.
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Resolution No. P-02-63
Page 5
Section, 5, Pursuantto Government Code Seqtjol] 66020, the public improvements for
Conditional Use Permit 02-11 and Development Review 02-16 are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the, poWay General Plan as well: as City ordinances, because all
necessary services and, facilities are available to serve this project. The payment of
water, sewer, drainage and traffic mitigation fees are needed as a Jesuit of the
proposed developmentto protect the pu blic health, safety and welfare as identified
below'
1 The project,requirespayment of sewer, welter, drainage and traffic mitigation
fees, which are assessed on a pro-rata basis to finance and provide public
infrastructureil11prov~ments, which promote a safe and healthy environment
for the residents of the City
Section 6: The City Council her13by approves Conditional Use Permit 02-11 and
Development Review Permit 02"16 a proposal to construct a 17 ,OOO-square-foot
sanctuary/administratiVe/Classroom building and a 12,000-square-foot multi"purpose
building as shown on the plans dated July 24, 2002. The project will be cornfJl~ted in three
phases. During the initial development phases, 9,300 square feet of modular buildings
(three buildings) will be installed on the site to house the Synagogue, pre-school and
religious school. The projectipDClsing will include Phase 1 AI (installation of 9,300 square
feet of modular buildings),Phase 1 B (construction of 11,000 square feet of a por'tibhofthe
permanent sanctuary building), Phase 2 (construction, of arl'8dditionaI6,000 square feet of
sanctuary building), Phase 3 (construction ofthe 12,OOO"square-fbotmulti-purpose building
and removal of modular builgings). The property is located in the 15300block of Pomerado
Road on the west side ofthe street within the Rural Residential C zone The approVal is
subject to the following conditions:
A. Approval of this Conditional Use Permit request shall apply only to the subject
project and existing' uses and shall not waive cornpliance with all sections of the
Zoning Ordinance.,and all other applicable City ordinances in effect, at the time of
Building Permitissuance.
B. Within' 30idays of the date of this approval: (1)the applicant shall submitin writing
that all conditions'ofapproval have been reeld and un'derstood, and (2) the property
owners;shall execute a Covenant on Real Property which states thaUhe applicant
must;abide by the conditions contained in this Resolution,
C The' use conditionally,granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
comrnercial uses,
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Resolution No. P-02-63
Page 6
'0'. The.conditionsofthis.CUP shall remain. in effect for the life ofthe.projectand shall
run with thelana and De bindi!1g upon future owners, successors, heirs, and
transferees of the c'urrent.property owner.
E. Conditional UsePermit.02-11 maybe subject toannualreviewas.determined by the
Director of DevelopmentServices for compliance withtheconditions.of approval and
to addressconcerns,tliat may have been raiseqduring the prior year. Amandatory
admioistrative revieW shalLbe completed on theOse(s) in October2007to consider
developmentiprogress of the project.
F All construction activity on the project site, includjng equipment preparation, shall be
limiteqto the hours of7,:OOa.i'n. to 7'00 p.m. Moildaythrough Friday, and Saturday
8:00 a.m. to 6:00 p.m.
G. Any changes in the afJproved use of the building, including but not limited to the
number of students, tliehours of operation, or the seat cap8,city in the assembly
areaJhat results in aCl. ir'lcfi::Jase in required parkihg, will require the approvaL of a
modification to this Conditional. Use Permit. Depending on the ,scope of such
changes"at thediscretion'of the Director of Development Services, said modification
may be processed administratively or may be referred to the City Council for a
public hearing.
1-1. Approval of CUP 02-11 and DR 02-16 doesnolinclude sign approvaL Any'signs
proposed for this development shall be designed and approved in conforrhancewith
the 'Sign Ordihance ofth~ePoway Municipal Code.
I Theapplicahtshall contactSt. Michael's Church regarding the feasibility of entering
into a shared parking agreement to handle any additional parking needs over the
lifetime of the project.
Phase 1A and 18
J The apfJlicant shall obtai,n ,a' Gradil1g Permit. Compliance with the foliowing is
required prior to issuance oLa Grading Permit:
1. Jhegradiog plan shall.be prepared on a City otPoway standard mylar at a
scaltf of 1"=20', and shall be subniittedCilong with a Grading Permit
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application. and applicable fees to the Development Services Department -
Engineering Division for review and approval. A grading plan submittal
checklistis available at theengineer'ing division front counter At a minimum,
the grading plan shall show the foll,?wing:
ai All driveway approaches to the development shall be with alley type
,curb returns,
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7144
Resolution No. P-02-63
Page 7
b. A separate erosion control plan for prevention of sediment run-off
during construction.
c. Allnew SklJleS with a maximum 2:1 (h()fizorital tovertical) slope. Tops
and toes 6fgraded slopes shall be sh'()y,.n with a minjmum five-foot
setbackJrom open space areas,andprofJertylines. Buildings shall be
located,atleastfive feet from topsland 'toes of slopes, unlesswaived
bythe:Planning Division and/or Engineering Division priorto issuance
of a Grading Permit.
d. All utilities, together with the appurtenances, and any easements.
Encroachments are not permitted upon any easementwithout an
approved Encroachment Agreement/Permit.
e. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
f All new drainage improvements with pertinent elevations and grades.
g. All pavements for proposed parking lot shall be in accordance with the
minimum specifications of the City of Poway MuniCipal Code 'Section
12.20 080.
h. Water and sewer connections to the new facilities:
i. Any proposed retaining walls, and top.and'bottom of wall elevations.
j. The location of construction staking of remaining, habitat.
k. Note the location of construction staging area.
2, A soils/geological report shall be, prepared by an engineer licensed by',the
State of Califoi:nia to perform su,ch wo~~;, qndshall be submitted with the
grading plan" A slope stability analysis:shall accompany the s6ilS'rEfportfor
any proposed'fill slope over two feet in height.
3. ThedrEiin.age systern shall, be cap<;lble of handJingand disposing all surface
water within theprbject site,and all sUrfac,ewaterflowing onto the project site
from adjacent lands. Said system-shall inc!ude all easements required to
properly-handle the drainage Concent'ratedflows across driveways are not
permitted.
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Resolution No. P-02-63
Page 8
4. Di'ainqge cl:!tch basins, inlets, grate basins or similar structures shall be
designed tobe,equipped with structuralBest Management PraCtices (BMPs)
for interception of pollutants and/or sediments before leaving the project site.
BMPs are subject 10 review and approvarbythe City
5. Paving of the, RaQ<Jng lot shall conform to the standards set forth in Section
12.20.080 ofthe Poway Municipal Code.
6. To insure compliance with the Clean Water f'.ct. the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination,6f non-storm run-off into the storm drain system or the natural
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stream. TheSWPPP shall include, but.not.be limited to, measures to protect
construction material, from being exposed to storm run-off, protection of all
stonm draininl_etsi:on-siteconcretetruckwash and waste control, and other
means of Best Management Practices to effectively eliminate pollutants from
enteringthe,stormdrain system. The applicant shall certify the SWPPP prior
to approval of the :grading and improvement plans. The SWPPP may be
incorporated with the erosion control plan, but shalf"be under separate cover
from the grading and improvement plans.
7 The applicant shall pay all applicableengineeringi pl?n checking, permitapd
inspection fees. The driveway constniClidn cost shall be included in the cOst
estimates for plan checking and determination of inspection fees.
8 Grading securities in the form of a performance bond, a cash deposit, or a
letter of credit.shall be posted with th-e City
9 The applicant shall apply for a water system analysis to establish the location
of tire hydrants, as determined by the Fire Marshal, and to determine the
adequacy of the existing water mains and any necessary water main
extension to serve the project. The cost ofthe analysis shall be paid by the
applicant.
10 Neither removal of Gnatcatcher ha~itat grading, or construction irithe vicinity
Clt such habitat may take place within nesting season (February 15th to
August 15th). Exceptions may be permitted if it can be proven, to the
satisfaction of the Director of Development Services, that no impacts to
protected species will occur Any proposed c1eari.ng or grading during such
dates will require a precconstruction survey for Caljfornia Gnatcatchers and
other breeding avian types to deterrnine the location of any active nests. Any
identified raptor nests shall be avoided. Further no more than three days
prior to the initi~tion of potential construction-related disturbance of suitable
nesting habitat, a breeding bird survey shall be conducted to detect any
protected native birds in the habitat to be removed, and any other such
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Resolution No, P-02-63
Page 9
habitat within 300-feet of the construction work area (witt:!in, 500 feet for
raptcir's ). Tht3 survey. must be cond~cted by a qualified biologist with
experience in conducting breeding surveys. During the nesting season, a
qualified biologist shall ,be on the site to monitor during vegetation clearing,
grading, and 'construction to insure that no avian breeding behavior is
disrupted. If an active nest is located, c1earing'and construction within 300
feet of the nest (within 500 feet for r.aptor.~t3sts) shall be postponed until
August t5th, Qruiltil the hest is vacated C!r'1djyveniles have fledged and there
is no evidence ,of ,a second attempt at nesting, Approval of any such in-
season construction will require adequate mitigation to avoid direct and
indirect impacts.
11 TheapfJlicantshall provide mitigation to the satisfaction ofthe Director of
DevelopmenfSer:vices consistent with .the Poway Habitat Conservation Plan
and'mitigateiimpacts 0 55-acres of on-sitelCoastal Sage Scrub habitat, 0.56
acres of off~s!te yoastal Sage Scrub a,nd Q;~_9"aci'es of BroQfT1 Baccharis
Scrub at a 2:,1 fatio (total mitigation 2:22"acresof CoastalSageiScruband
1.98-acresof BroomBaccharis Scrub). Said. mitigation shall bethn;lUgh the
dedication .of an off-site biological conservation easement preserving
comparable undisturbed and unencumbered habitat, and/or by the payment
of In-Lieu Fees.
12. A deed covenant shall be recorded on the"property to the satisfaction of the
Director of DeyelofJment Services that any r~maining habitat,on-site cannot
be removed without City approval.
13, Prior to any.c1earing"grubbing, or grading, the applicant shallGomply with the
following. Ata minimum, all protected areas C!sshownon the grading plans
shalLbe staked by a licensed surveyor and deli.n~ated with lathe and ribbon.
Theqpplicant shallbave said staking ins'pected.bythe Engin~enr'1g Inspector
prior to grading. A written certification from the engineer of' work or a
licensed surveyor shall be provided to the Engineering Inspector stating that
all protected areas are staked in accordance with theappr'oved pf'ojectplans.
14 .Concurrently with the submittal of the grading plan, a separate set of
improvemi:lnlfJlans for the onsite water improvements shall.be submitted to
,the Engineering Division.
15 Subrnittal of a request for ani:! hold ,a preconstruction meeting with a City
Engineering Inspector The applicant/developer shall be responsible that
necessaryindividuals, such aSQut not limited to, contractors, subcontractors,
project civil engineer and project soils engineer must attend the
preconstruction meeting.
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7147
Resolution No~ P-02-63
Page 10
16. ARight-of-WayPermitshall beobtainElcl from the Engineering Division ofthe
Development Services Department for any work to be done in public street
rights-of-way"or City-held easements.
17 Grading oftheproject shall be in substantiaLconformancewith the approved
development plan' and in accordance with the Uniform Building Code. City
Grading 0rdinance, City Storm Water r.A$nagementand Discharge Control
0rdinance, and the Sbuth Poway Specific Plan,
18. Erosion control., including but not limited to desiltation basins. if necessary.
shall be installed and maintained from Octobei"1{ith to April 15th, The plan
shall be prepared by' the project civilengin'eer.and shall be submitted as part
of the grading plan. The applicantshall make provisions to insure proper
maintenance,of all erosion control devices.
19. All two-way traffic aisles shall be a minimum of 25 feet wide.
20. The gradirig plan shall be revised to modify the long linear landscape
planters in the fJarking lot to provide through access for pedestrians, and a
sidewalk shall be provided from the cui-dEi-sac of the private access road to
the main sanctuary building.
21 The grading plan shall show and note all required parking and note any
proposed phasing of parking lot improveQ1ents. The project shall comply
with minimum parking standards throughoutall phases of development. In
acc;ordance with the Poway Municipal Code, a minirnurn of 170 on-site
standard"sized parking spaces shall.be provided at build-out (based on an
assembly area of 7,000 square feet [156 sRaces required] and] classr.ooms
in the main Synagogue building at 2 spaces/classroom [14 spaces required]).
The site plan,spall be revised to provide formotorcycle and bicycle parking.
The minimum dimensions of a motorcycle space shall be4 feetx8feet. All
parking spaces shall be double striped. The minimum dimensions for
standard sized parking stalls shall be 8,5 feet x 18.5 feet. The parking lot
design shall comply With the Americans with Disabilities Act for accessible
spaces.
22. The:grading plan shall show, at parking lot islands, a minimum 12~inch-wide
Walk adjacent to parking stalls. It shall also depict wheel stops where
overha~ging vehicles would reduce the minimum required planter
dimensions,
23 Complete landscape construction 'documents '(and plan check fee) shall be
submitted for all areas of new construction. The plans shall note the
improvements that will be completed during each development phase Plans
. . .
7148
Resolution No. P-02-63
Page 11
shall be'prepared in accordance with.the:PowayZoning Code, and Guide to
Landscape Requirements and shall include but not be limited to the following:
a. Landscapiilgfor all newly manufactured and disturbed slopes greater
than a 5 1 slope.
b. Street trees per the above landscape requirements, at 30 feet on
center, with flexibility in clustering the trees to promote a natural
appearance in the spacing.
c. Landscaping for all new parking lots per the above landscape
requirements, including a minimum of one 15-gallon size brgad
spreading' ~vergreen tree for eve,ry three spaces, and landscape
islands between every 8 to 10 parking spaces. Parking lot shall be
provided with landscaping sufficiEmUoscreen parking areas from the
street,using earth berms, walls afld/gr plantings. Screening shall
achieve a minimum height of 36 inches except where site distances
are a factor.
d. Irrigation plans consistent with the above landscape requirements.
e. The owner shall permanently and fully maintain landscaped areas
within the adjacent public right-of-way
f Parkil'!g spaces'may not overhangrequired landscape setback areas
or landscape islands or strips, which have an inside, dimension less
than 6 feet.
g. Landscape areas between buildings and parking shall be at least'8
feet wide. not including sidewalks.
h, Interim landscaping and irrigation shall be installed around the
modular buildings.
24 To minimize possible change to surface flows that could result from
pedestrian, cyclists, and other use in the area, the developer shall install
f$n~ing.aI6ng the outer edge of theon"site wCitershed of th"e vernal pools and
the limits of the pedestrian path that traverses the watershed area.
K, Compliance'with the following conditions is,required prior to construction of public
improvements.
~
, . ,. ..
7149
Resolution No. P-02-63
Page 12
'1. Subinittaltothe City for reviewand approval of improvement plans foronsite
publicw1'\ter',system and street improver]ientstothe Developmeht Services
Department,for'approval.
a. Water mainline - Water main.lines'extension shall be constructed"as
ne'eded; for fire hydrant/s installation. The ,size and location of the
waterlines shall be that as establish,eo by a wa.ter systemaflalysis
preparEld:by a,n, emgineering firrn designated and apfJroved bythe'City.
The al:>Plicant/developer shall pay to the City thecostofpreparing the
.analysis prior to submittal of improvement plans. The City Fire
Marshal re,serves the right to require ,an analysis even for existing
hydratlt/s for compliance to current fire flow standards and
specifications.
b. Sewer main line in the proposed private road for TPM 01-04
c., Concrete sidewalk - A 6-footcwide sidewalk shall be constructed
along the southerly side of the private,road, from Pomerado Road to
the driveway entrance to the project.
d. Pedestrian Access - A 1 O-foot~wide access surfaced witha minimum
cif6inches decomposed granite, from the private road cul-de-sac
thence southwesterly to the southerly line of the parcel.
e. Traffic SiqmllModification - Modification of the existing traffic signal at
the intersection of Pomerado Road and CasaAvenida, The
modification shall provide a signal phasing to allow through and/or left
turn ,vehicle movements exiting from the proposed priv9tE!ro~Cl.d ih the
subdivisiQD; abd left turn vehicle movements to the subdivision from
northbouhd Pomerado Road traffic. The modification shall also
provide for pedestrian crosswalks at the proposed private road and
PomeradoRoad. It shall also,include, but is not limited to, installation
_', '.' u.,_ __, ' _ .,. ... ','
of appurtenant traffic signal fixtures, appropriate street stripfhg and
signage to the satisfaction of the City Engineer
2. Improver,nents shall be constructed in accordance with yity adopted
standards and specifications, the latest adopted edition of the Standard
Specifications for Public Works Construction and its corresponding San
Diego supplements, and the current SanDiego Regional Standard Drawings,
3 .All new,and,existing electrical/communication/CATV utilities shall be installed
uridergrolJnd prior to installation 'ofq()ncrete curbs, gutters, sidewalks and
surfacih(}c.ifthe streets. The applicant/developer is respohsible for corn plying
.'. ,
, . .. 7150
Resolution No. P-02-63
Page 13
with the reguirements of this condition, and shall make the necessary
arrangements with each of the serving utilities,
4. The loca~ons,an9 sizes of all utility boxesancf'vaults within.~treet rights"of-
way and theClty:s public utility easements.hallbe shown on th~ i[!1pr()vement
plans. Utility boxes shall be screened by landscape or architecturally from
general view from the right of way
5. The applicanUdeveloper shall pay the following fees and post or pay
appropriate securities:
a. Improvement plan checking and'inspection fees.
b. Performance and payment securities. These sElcurities m.~y be
waived by the City Engineer if substantial amount of ,grading is
completed prior to installation of-public improvements and ,there i~
sufficientamount of grading securities still. held by the City to complete
the remainder of the grading works and public improvements.
c. Right"of-Way and/or EncroachmentPermits, ifrequired:as hereupon
mentioned.
6. Submittal,of'a request for and hold a pre-construction meeting with a City
Engineering 'inspector The applicanUdeveloper shall be responsible that
necessary individuals, such as but noHimited'to, contractors,;subcontractors,
project civil engineer and project soils' engineer must attend the pre"
construction meeting.
7 A Right"of~Way Permit shall be obtainedfrQmthe Engineering,Division,ofthe
Development Services Department for any work to be done in public street
rights-of-way or City-held easements;
8., No private improvements shall be'placed or constructed within public street
-rights-of-way or City easements unlessafly one of the following is satisfied:
,a. An Encroachment Permit has been issued by the City for the
improvements; or
b An EncroachrTlent Removal Agreem~nt has been executed by the
developer/owner and subsequently approved by the City; or
c. Approval of grading orilT!provement plans, onwhicha Right-of-Way
Permit h~s been issued for the private improvements shown to be
constructed.
" .. ..
7151
Resolution No. P-02-63
Page 14
The City reserves the right to choose any or all of the above, under certain
circumstances when City deems necessary
9. The applicant/developer shall cause the dedication of the following
easements to the City:
a. An easement, a minimum of 20.00,feetwide for each new public water
. - .-
line, Sh?11 be dedicated to the City '(if new waterline extension is
required for new fire hydrant/s for this project). This easement can be
dedicated either by a separate instrument or through the parcel map
ofTPM 01-04.
b An easement, a minimum of 20.00 feet wide for each new public
sewer main .line, shall be dedicated to the City (if new' waterline
extension is required for new fire hydrant/s for this project). This
easement can be dedicated either by a separate instrument or
through the parcel map of TPM 01-04
c. A 10 OO"foot wide pedestrian access easement contiguous with the
southerlxline of the proposed fJrivateroad in Parcels 1 and 20tTPM
01-04 This easement can be dedicated either by a separate
instrument or through the parcel map of said TPM 01-04
* A processing fee shall be paid to the City at first submittal of
easement document for review Recordation ofthe easements in the
office of the San Diego County Recorder may be deferred, with the
approval of the City Engineer, priortoissuance of building occupancy
d. The applicarit shall grant an easement for equestrian/pedestrian
purposes acceptable to the Director of Development Services.
Acceptance of the easernent shall be approved by the City Council.
Public notice of the City Council review of the easement shall be
provided to those who submitted a speaker slip at the October 29,
2002 public hearing.
L. The .,,!pplicant shall obtain a Building Permit. Compliance with the following
conditionsJs required prior to issuance of ' a Building Permit.
1 The,applicant shall submit a revised site plan showing the following:
a. The 14 parking spaces located closest to the single family home
located immediately south of the of the subject property shall be
moved to another location in the parking lot to create a larger buffer
fr6m the parking areas for the residence,
, , , .. .'. 7152
.Resolution No. P-02-63
Page 15
b., A fence plan shall be provided. .For any fence that exceeds 6 (six)
feet in height, the applicant shallob~ain apProval of a Variance prior to
installation, Input from the owner'bfthepropertyat 15359 La Manda
. . "..... ,., ." , ..t~. - . , ".
Drive~hall be obtained on the design,of'thewall along his property
lines. The fence plan shall show the following:
c. A maximum 8-foot-high decorative masonry wall along the shared
properly Iineswith the adji3c~ntsingle-family home located at 15359
La Ma~qa Drive. If the wall e)(ce'e,d$ 9>fe~t in he,ight, the applicant
shall ptoce,ss.a Variance application that will require a public,hearing
before the City Council.
d. To limit distUrbance within the 1 00~f6cit buffer zone of the\w~te.rshed
for the vernal pools located on the adjacent property to the south', a
maximum:8-foothigh "good neighbor"wood fence,ratherthan,awall,
shall be shown along the shared fJroperty line with the residential lot
located at 15347 La Manda Drive.
e. A fence shall be shown along the western property line along La
MandaDrive. The fence shall be designed so it cannotbe,modifiedto
provide'illegal entry and shall notcontain any gates.
f An equestrian trail shall be shown along the western and northern
portion :of the site, to the satisfaction ofthe Director of Development
Services,
2. The site sllall be developed in accordance with the approved site j:llaF), ana
elevations on file in the Developrnent Services Department and: the
conditions contained herein, Grading,oflots,shall be in accordancewiththe
Uniform Building Code, the City Grading Ordinance, the afJproved'grading
plan, the approved soils report, and grading practices acceptable to the City
3 Erosion control, including but not limited to d,esiltation basihs,ifnecessary,
shall be installed and maintained by thedevelopert~roughou(;construction of
the project.
4, Rough'grading of the project site.shall be completed and meet the approval
of the City Inspector and shall include'submittalof the following
a, Acertification of line and grade, prepared by the engineer of work.
b. AJinal soil compaction report for review and approval by the City
5 City approval of a soil compaction report shall be obtained.
~ I ~ .. e'. 7153
Resolution No. P-02-63
Page 16
6: Prior to start of any work within City-h~ld,easements or right-of-way, a Right-
of "Way Permit shall be obtained from the Development Services Department,
Engineering Division, All appropriate fees shall be paid prior to permit
issuance.
7 Necessary Building Permits and approvals shall be obtained for the modular
buildings prior to installation. Architectural enhancements shall be added to
the modular 'buildings to the satisfaction ,of'the Director of Development
Services. Buildi[1g plans showing the proposed enhancements shall be
submitted to the Development Services Department, Planning Division for
review and approval.
8. The building plans shall depict all roof appurtenances, including air
conditioners, ar~hitecturally integrated, screened from viewa~d sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services.
9 The building plans shall identify the exterior building colors and, materials
consistent with, fhe project plans on file in the Development Services
Department for Conditional Use Permit 02-11 and DR 02-16 dated July 24,
2002, and projectmaterials/color sample qoard on file, except as modified
herein. The maximum building height shall not exceed 35 feet.
10 The site plan shall show and note all required parking.
11. A 6-foot-high masonry wall shall enclQse trash receptacles with, view
obscuring gates. Locations shall be subject to approval by the, Planning
Division.
12. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plutnbing Code, National Electric; Code,
Uniform Fire Code and all other applicable codes and ordinances in effect at
the time of Building Permit issuance,
13 Details of any exterior lighting shall be included on the building plans,
. . ...
includingfixture type(s) and design, All exterior lighting Jixtures are required
to be low-pressure sodium and designed. such that they reflect light
downward, and away from streets and adjoining properties. Parking lot lights
shall not exceed a maximu'm height of 18 feet from the finished grade
14 The following development fees shall be paid to the Engineering Division
(unless other payee is indicated), The following fee amount is currently in
effect and is subject to change without notice with the exception of water
.. .. .
, . 7154
Resolution No. P-02-63
Page 17
meter connection"and expansion fees. The applicant shall pay the amount
in effect at the time of Building Permit issuance. '
Water base capacity fee* (Resolution No,'91-123)
For 0/." meter = $ 3,710,00 per meter
For 1" me~er = $ 6,678.00 per meter
For 11f2'~ meter = $10.388.00 permeter
Other meter sizes = Contact Engineering Division
Water meterfee*(Resolution No. 91-123)
For %" meter = $ 130.00 per meter
For 1" meter = $ 270.60 per meter
For 1 V2~ meter = $ 600.00 per meter
Othernieter sizes = Contact Engineering Division
SDCWA capacitycharge* (applicable to potablewater only) - To be paid by
separate check~ payable to San Diego County Water Authoritybutremitted
through the City of Poway
For o/."rjieter = $2,004 00 per meter
For 1" meter = $3,206.00 per meter
For 1 V2" meter = $6,012.00 per meter
Other meter sizes = Contact Engineering Division
Sewer connection fee - This sewer connection fee is subject to change. At
least two weeks prior to request for issuance of Building Permit, applicant
shall provide the City with necessary information to calculate the fee amount.
Phase 1 A.,,... Construction of a 9,360 SF of rnodular building, broken
down to 5;000 SF of temple (assumed 8 fixture units),,1 ,440 SFfor
, ,
preschool for 20 to 40 students, and 2;920 SF of religious school
for 40 to 80 students = $12,958 00
# of EDU's = (8 fixtures + 4 fixtures/EDU) + {(40 students x 12 gpd)
- ..,
+ 250 gal/student} + {(80 students x 12 gpd x 2/5*) + 250
gal/student} = 5.46 say 5,5 EDU's
5 5 EDU~s x $2,356 = $12,958 00
* 2 days religious school use in a 5-day week,
Phase 1 B - Construction of a 11 ,OOO-SF permanent sanctuary
buildil)g supplemented with 4,360 SF (1.440,+ 2,920 in Phase 1A)
'::: $4,712,00**
, ., , .. .. 7155
Resolution No~ P-02-63
Page 18
Netincrease.in building area from Phase 1A to Phase 1B = 11,000
SF- 5;000 SF in Phase 1A = 6;000 SF (with assumed 8 fixture
units)
# of EDU's = (8 fixtures + 4 fixtures/EDU) = 2 EDU's
2 EDU's x $2,356 00 = $4,712.00
** Subjecl'lo change. Need to verify prior to Building Permit
issuance.
Phase 2,- Construction of the ultimate 17,000 SF of sanctuary and
f2,OOO SF of multipurpose building =10 be determined prior to
BuildinQ Permit issuance
(17,bOOSF + 12,000 SF) + 2,000 SF/EDU = 14.5 EDU's
(14.5 x $2,356) - credit on Phase 1A - Credit on Phase 1.8,= To be
determined
Sewer c1eanoutfee = $50.00 per clean out
Sewer c1eanout inspection fee = $25 00' per cleanout
Traffic,mitigation fee - This fee is subjecUo'change, At leasttwoweeks prior
to request for issuance of Building Permit, applicant shall provide the City
with necessary information to calculate the fee amount.
Area of property = 8 66 Acres
Traffic,generated = 60 trips /acrex 8 66 = 519 6 trips say 520.trips
520 x'$16 50 = $8,580.00 total traffic mitigation fee
Ptiase 1A = $2.769,27
(9,360 SF + 29,000 SF total building area) x 520 x
$16 50/trip = $2,769.27
Phase 2 = $1 ,775.17
(6,000 SF + 29,000 SF)x 520 x $1650 = $1,77517
Phase 2 = $4;035,56
{(29,000 - 9,360, - 6,00Q) + 29,000} x 520 x$16.50 =
$4,035 56
Drainage fee = ~10,392.00
8;66 Acres x $1,200 = $10,392.00 total drainage fee
. .. i.. 7156
'I.,,'.
Resolution No. P-02-63
Page 19
Park"fee = None
M. The apfJlican't shall construct the following improvements to the satisfaction ofthe
Diredorof Safety Services:
Applicable to the ModulatBuildinos and the Perrnahent Buildinos:
1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and
City of PowayOrdinance No. #64.
2. The buildings shall display their numerig <3ddre~s in a mannervisiblefrom the
access street. Minimum size of the building numbers shall ,be sixdnches on
. ,._ ,. ~ , 'c,,; _ .. -. --
the front facade of-the building. Building address shall also be displayed on
the roof:in ia manner satisfactory to the, Director of Safety Services, and
meeting Sl:1eriffs Department ASTREA criteria:
3. Every building hereafter constructed shallbeaccessible.tb FireDefJartment
apparatus byw1:lyof access roadwayswith,a[l"weather driving surface of not
less than 20 feet of unobstructed width, with adequate roadway turning
radius capable of supporting the imposed loads oUire apparatus and having
a minirnum'of1.3 feet, 6 inches of vertical clearance. The road surface type,
shall be approved by the City Engineer, plfrsuant to the City' of Poway
Municipal Code.
4 The' building will be required to install an approved fire sprinkler Isystem
, , '
meeting PMC requirements. Entire system is, to be monitored by central
monitoring company. System post indicator valves with tamper switches,
also monitored, areto be located bytheCityFire Marshal priorto.installatiOn.
5 An automatic fire alarm system shall be installed to approve,d stand(jrdsby a
properly Iicensed.contractor The system shall be completely mohitored bya
U.L. listed centralstation alarm company or proprietary rernote station
6, A hood and duct extinguishing system shall be ins~alled for all cooking
facilities within the ~itchen area. Planll to be submitted and approved prior to
installation.
7 A "Knox" Security Key,Box shall be required for the buildings at a location
determined by the City Fire Marshal. A "Knox" padlock shail be required for
the f[re' sprinkler post indicator valve.
8 Fire Departm"nt access for use of fire fighting equipment shall be provided to
the irnmediate job construction site at the start of construction, and
maintained alall times until construction is completed,
9 Permanentaccess roadways for fire apparatus shall be designated as "Fire
Lanes" with appropriate sigf'1sahd curb markings,
. "; .'. .. .. 7157
Resolution No. P-02-63
Page 20
10 Aminimum 3A:40BCfire extinguisheris.required for every 3,000 square feet
and 75 feettravel distance.
11. lfan elevator is,installed, it shall be sized to accommodate anormal hospital
gurney Minimumdimensions for the insidec(jr platform shall be 6:8" wide by
4'3'! deep. This requirement does not apply'to the rnodular buildings.
12. The addition of ohcsite fire hydrants is required The locationofthe hydrants
shall be determined by the City Fire Marshal.
13. Prior to delivery of combustible building material on-site, the water system
shall satisfactorily pass all required tests and be connected to the public
water system. In addition, the first lift of asphalt paving shall be in place to
provide adeqLJate, permanent access for emergency vehides. The final lift of
asphalt shall not be installed until all other construction activity has been
substantially completed to the satisfaction of the City.
14 Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit;man
door or shall be located inside an endose<!:doset with an exterior (jccess
man door. Door shall be labeled with a sign,.indicating "Fire Sprinkler Riser."
When the do~et method is chosen, applicant shall provide 36 inches of
clearance from the standpipe or attached additional risers, accessible bya
3'0" man door.
N. Prior to issuance of a Certificate of Occupancy for each phase, the applicant shall
comply with the following:
All Phases
1 The site shall be developed in accordance with the approved plans on file in
the Development'Services Department for both CUP 02cl1 and DR 02c16
along with the conditions contained therein,/herein. A final inspectton from
the appropriate City Departments will be required ahd approval for
occupancy obtained.
2. All graded slopes and parking lot planter areas shall be planted and 'irrigated
in accordance with the approved landscape plans If parking lot
improvements are phased, the associated parking lot planter areas shall also
be completed,
3 Driveways, drainage facilities, slope landscaping and protection measures,
and utilities, shall be constructed and completed, and inspected by the
Engineering Inspector
4 An adequate drainage system capable of handling and disposing all surface
water shall be provided to the satisfaction of the Engineering Inspector
" '1_,' 4 . .. .. 7158
Resolution No. P-02-63
Page 21
5. ,Allproposed'utilities:within the project site shall be installed underground.
6. Record drawings, signed by the engin~~r of work, shall be submitted to
Development SerVices prior to are,quest of oc;cuPilncy, per section
t6:52.130Bofthe grading ordinance. Record drawings shall be submitted in
a mannertoallow the City adequate time for'review and approval prior to
issuance of occupancy and release of,gradingsecurities.
7. Completion of public improvements.
8. City approvarofrecord drawings of the grading and improvement plans.
9. Dedication of 'easements to the City forinewpublicwater lines, sewer main
line, traffic,signal modification and public access easement.
10. Posting of a warranty bond for the c(jnstruct13d public water- system
improvements shall remain in effectfor a period of one year.
11 Grading securities shall be released onlyu.poncompletion ofthe grading and
upon City approval of the record drawings of the grading plans.
12. Performance securities for public improvements, if posted and separate from
the grading securities, shall only be reduced l\Nicebefore completion of
improvements.
13. Payment securities and remaining performance securities, if any, ,shall be
released no sooner than 90 days aflerCity'sacceptance of improvements,
posting of warranty security, and approval of record drawings.
14 All landscaped areas shall be maintaine(J.:jna healthy and thriving condition,
free from weeds, trash, and debris. The trees shall be encourageaand
allowed tOTetain a natural form, Pruning should be restricted to maintain the
health of the trees and to protect the public safety
15 Completion of parking facilities in accordancewith approved'phased parking
lot plan required with Condition I 21
Phase IA -Modular Buildinqs
1 The Pedestrian Access path and equestrian trail shall, be dedicated as a
public access easement and shall be improved, to the satisfaction of the
Director of Development Services and the Director of Public Works
2. Tentative Parcel Map 01-04 shall be recorded,
3 All fencing pursuantto the approved fence plan shall be installed.
4, Installation of interim landscaping and irrigation,
. " '4- , .. .. 7159
Resolution No. P-02-63
Page 22
5. Completion9f all Building Division and FireOepartment requirements for the
modUlar buildings.
6.. the appUc;ant.shall provide a street light at the end of La Manda Drive and a
gate across the driveway to prevent ve~icle access beyond the existing
paved street. The design and location ofthegate shall be to the satisfaction
of the Director of Development Services and the Fire Marshal.
Phase II
1 Completion of all items Usted under Condition N. in the All Phases section.
Phase III
1 Completion of all items listed under Condition N. in the All Phases,section.
2. All of the modular buildings shall be removed from the property and the site
restored in conformance with the apfJroved construction plans to the
satisfaction ofthe Director of Development Services.
0 The following performance standards shall apply to the Synagogue/pre-
school/religious school upon establishment of the uses:
1 The use of the main sanctuary building and,multi-purpose guildiog,shall.be
limited to education and religious activities, .along with related accesso-ry
uses.
2. The activities,of the main sanctuary building and multi-purpose building shall
not occur in such a manner as to create,adverse irnpacts on the circulation
and parking on surrounding public streets and La Manda Drive.
3. The facility shall be operated in such,a mannerasto minimize any possible
. .
disruption by noise, and shall comply with'the',noise standards ,contained in
Chapter 8,08 of the Poway Municipal Code: At no tirne shall equipment
noise form any source, or any loudspeak,er sound amfJlification system,
exceed the noise standards contained:,in the Poway Municipal ,Code.
4 The parking areas and driveways shall be well maintained.
5 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.
6 La Manda Drive shall not be used forparking,
7 The southernmost row of parking shall be.chained offand only used if there
are not enough parking spaces in the remainder of the parking lot for the
approved uses to occur
" "0\"" . .. .. 7160
Resolution No. P-02-63
Page 23
8. Parking'ioflights shall be turnedoffwhen,therearenoactivities occurring on
the site. Security lighting is permitted to remain on provided it has proper
shielding and does not create glare'on'adjacent properties. Consideration
shall be given to the use of motion sensor security lights where appropriate.
Section 7: The approval of, Conditional Use Permit 02-11 and Development Review,02-16
shall expire on October 29, ,2004; at 5:00 p.m. unless"prior to that time, a Building Permit
has been issued and construction on the property ih reliance on the CUP/DR approval has
commenced prior to its expiration,
Section 8: Pursuant to Government Code Section 66020, the gO-day approval period in
which ,the applicant may protest the imposition of any, fees, dedications, reservations, or
exactions imposed pursuantto this approval shall begin on October 29, 2002.
PASSED, ADOPTEQand APPROVED by the City Council of the City of Poway,
State of California, this 29th day of October 2002.
ATTEST
~QU't JCU~)!OoO
Sherrie D Worrell, Deputy City Clerk
" . . .. .. 7161
.
Hesolution No, P-02-63
Page 24
SJATE OF CALIFORNIA )
)SS
GOUNJYOFSAN DIEGO )
I,Sherrie D Worre!l.beputy City Clerk of the City of Poway, do hereby certify, under
thepenaltyofperj~ry, lhattheforegoing Resolution No. P-02,63, was duly adopted by the
City Council at a meeting of said City Council held on the 29th day of October 2002, and
that it was so adopted by the following vote:
AYES EMEHY, GOLD BY, HIGGINSON, HEXFOHD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT. NONE
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Sherrie D. Worrell, Deputy City Clerk
City of Poway
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Resolution No. P-02-63
Page 25
EXHIBITA .
MITi9ATION MONIT6RIt-JGP~9~RAM
FOR CUP 02-11 and DRi02-16
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a condition
ofprojectapp.roval in order to mitigate or avoid significant effects on the environment. The
reporting or monitoring program'shall be designated to ensDre compliance during project
implementation." This mitigation"monitoring program has been prepared in accordance
with Section 21081 6 ofthe'PLiblic Resources Code.
Non-compliance with any of these conditions, as identIfied by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction. activities.
. " . . .
The order shall remain in effectuntil compliance is assured. Non-compliance situations,
which may occur subsequent to project construction,will be'addressed on a case-by-case
basis and may be .sljbjecHg penalties according ,to the Gity of Po way Municipal Code.
When phasing of development has been established, it may be necessarY for this
Monitoring Program to be amended, with City approval.
1, Biological Resources
Impact: The project will impact 0,55 acres of on-site Coastal Sage
ScrLJb, 0 56 acres of .off"site Coastal Sage Scrub (road
impaCts) and 0 99 acre's of'Broom Baccharis Scrub.
Mitigation, Mitigate impacted habitatata minimum 2:1 ratio in accordance
with the Poway Subarea l'1abitat Conservation Plan through
off"site dedication of corm~arablequalitY"iunencumbered
habitat located within the' Mitigation Area or payment of a
habitat Mitigation In-Lieu Fee.
No clearing, grading or construCtion activity sh~1I occur. during
the nesting season ofthe California GnqtcatCher (February
15th through August 15th). Any identified raptor nests shall be
avoided. Further, no more'than three daysprior.tothe initiation
of potential consfi'uctio'l[eli,ite,d,disturbanceof suitable nesting
habitat, conduct a breeding bird survey to'dete.ct any protected
native birds in the habitalto be removed, and. any .other such
habitat within 300feetqUhe'construction work area (within 500
feetfor raptors), The surveymustbe conducted by a qualified
piologist with experience in conducting breeding surveys,
During the nestingseason"a qualified biologist shall be on the
site to monitor during V~getation clearing, grading and
construction to insure that no fivian breeding Qehavior is
disrupted, If an active nest is located, clearing and
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Resolution No, P-02-63
Page 26
construction within 300 feet of the nest (within 500 feet for
raptor nests) shall bepostponeduntil,August 15th, or until the
nest is vacated and"juveniles have fledged and there is no
evidence of a second 'attempt at nesting.
To minimize possible change to surface flows that could result
from pedestrian, cyclists, and other use in the area" the
developer shall install fencing along the outer edge of the on-
site Watershed of the vernal pools and the limits of the
pedestrian path that traverses the watershed area.
Timing: Mitigation shall be completed prior to issuance of Grading or
Administrative Clearing Permit.
Responsibility' Applicant
2. Hydrology
Impact: The project will result in an incremental increase in surface
runoff, which could potentially degrade water quality in the
area.
Mitigation, To minimize the potential for polluted runoff during construction
on the site, development of the property will require compliance
with Regional Water Quality Control Board regulations and
submission of proof from the Board of compliance.
Timing: Prior to issuance of Grading or Administrative Clearing Permit.
Responsibility AfJplicant
3, Traffic
Impact: The project will result in an incremental increase intraffic inthe
area.
Mitigation. The applicant shall modify the existing traffic signal at
Pomerado Road and Casa Avenida to add a fourth phase
which will produce additional gaps in the traffic along
Pomerado Road.
Timing: Prior to occupancy of the modular building.
Responsibility' Applicant