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Covenant Regarding Real Property 2008-0513164 ") .t=-----::" ,,, . DOl 2008-0513164 . - . , 111111111111111111111111111111111111111111111111111111111111111111111 RECORDING REQUEST BY' ) ) SEP 29. 2008 4 12 PM CITY OF POWA Y ) ) '-'FFIClp.L RECiJRe'S WHEN RECORDED MAIL TO' ) C,At',l [IIH1Cl LUUN f'1 RECFIR[IEF:"-, UFFICE bRE'~iJR', .1 ';HITH CiJUIH', F:ECiJROER ) FEEC, :::8,IJD CITY CLERK ) PAGES: 27 ~;1f CITY OF POWAY ) POBOX 789 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111 POWAY CA 92074-0789 ) tp1'-' ) \ 8 \)'5 \)) (This space for Recorder's Use) APNs. 317-021-18 and 30 COVENANT REGARDING REAL PROPERTY Country Montessori School of Poway, a California Non-Profit Corporation, 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 Numbers 317-021-18 and 30 ("PROPERTY" hereinafter) In consideration of the approval of Conditional Use Permit (CUP) 07-06, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval in the attached Resolution No P-07-32 (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personal representatives, transferees and assigns of the respective parties In the event that CUP 07-06 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation to enforce the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 OWNER. Country Montessori School of Poway Dated /111/01( By' /~'-<- ?, ~ I t Theodore Slocomb, Vice PresidentfTreasurer Dated q /;f /a? By' f Development Services M:\pJanning\07report\cup\07-06 Country Montessori\cov.doc C)3-ID<6 ;" ,\.. . 8051 CALIFORNIA AlL..PURPOSE ACKNOWLEDGMENT ~._ ~~A~-" .~'~._..:;;..:.::.-..;....:.~.-:-'....:'~~ -~'" ,c:;;,. ~~'..-:: - .~~7" -~~ State of Calilornia } County of San Diego On.::i!J;;-~ /1~()re me, Phyllis Shinn, Notary Public Dot' . ~ H'" ''''," N,m, ood 1111, 01 Ih, Offi,,, personally appeared ~#EOl\O.RC !OConzA Name(s)otSigner(s) who proved to me on the basis of satisfactory evidence to be the pers6n~ whose nameflQ is/~ subscribed to the within instrument and acknowledged to me that" j - - - "'I he/~t!J!& executed the s,af11ein his/l~"/t~a~)horized e-- com~~~~~H:~8898 capaclty(i~, and that byhls/lM/t!)eiLsignature~ on the i . -d Notary Public. . _ caulOiJitc:i I Instrument the personOO, or the entity upon behalf of J '=leiJo C~ which the person(1lacted, executed the Instrument - - ~ - ~ ." - - - ~~ij. . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph.is true and correct Signature Place Notary Seal Above OPTIONAL Though"the informatfon below is not.fequired bylaw, it may prove valuable to personsreJying on the document andcoufd prevent fraudulent.removaland reattachment of this form to another document. ""'''."..." '''''h.d D~_ ~ 7:i A -Title or Type of Document:. COve#A/l7'r C2tM?)/;tIt E.;f7.; ~Dr'(;;,7e-rY' Document Date: . -. 2 J! Number of Pages: Z. Le Signer(s) Other Than Named,Above: () ~.j . f/l1 ,I//f:, Capacity(les),Claimed by Slgner(s) Signer's Name: Signer's Name: o Individual Olndividual o Corporate Officer - Title(s): 0 CorporaleOiticer - Tltle(s): o Partner,-OLimited 0 General RIGHTTHUMSPRINT OPartner-.OLimited 0 General RIGHTTHUMSPR'NT o Attorney in Fact OF SIGNER 0 Attorney in Fact OF SIGNER O 'Ii t Top ollhumb here 0 'Ii t Top of thumb here rusee ~e~ o Guardian orCo-nservator 0 Guardian or Conservator o Other' 0 Other' Signer Is Representing: Signer IS',Representing: lii.~ _~ _ :.:~~ '_ '~'~.'- _ Sil.;!ril.; ~:...: ~:;. _~ 02007 Nalkiilal NotarY ASSOCIallon~ 9350 De'Solo AVe., P.O. Box 2402 .Chatsworth, CA 91313--2402. W\'>'W.NatiorlalNotary.org hem fl5~7 Reorder: CaftToII-Free 1-800-876-6827 .- - '-. . EXHIBIT A . , , ~ LEGAL DESCRIPTION 8052 . PARCEL 1; (APN: 317~021-18) THE SOUTHERLY 260~OO FEET OF THE EASTERLYJ30.00 FEET OF LOT 35 OF TRACT "F" OF POWAY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, > ACCORDING TO MAP THEREOF NO. 536, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 7, 1888. PARCELIA: AN EASEMENT AND RlGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 260;00 FEET OF 1HE WESTERLY 30;00 FEET OF THE EASTERLY 360.00 FEET OF LOT 35, OF TRACT "F' OF POW A Y, IN 1HE CITY OF OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 7, 1888. LOT 36 IN TRACT "F" OF POW AY, IN THE CITY OF POW A Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536, FILED IN THE OFFICE OF TIm COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 7,1888. . PARCEL 2: (APN: 317-021-30) LOT 361NTRACT "F" OF POWAY,lN THE CITY OF PO WAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 536, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 7, 1888, EXCEPTING THEREFROM THE EAST 217 19 FEET OF SAID LOT . END OF LEGAL DESCRlPTION , I . EXHIBIT B . RESOLUTION NO. P-07-32 7//7 /~gp53 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 07-06, DEVELOPMENT REVIEW 07.03 AND VARIANCE 07-09 ASSESSOR'S PARCEL NUMBER 317-021-18 and 30 WHEREAS, a request for Conditional Use Permit 07-06, Development Review 07-03, and Variance 07-09 were submitted by Country Montessori School to construct a 27,624-square-foot private school for up to 325 students and to (1) allow required parking to encroach into the 40,foot front yard setback, (2) maintain a 20-loot side yard building setback where 50 feet is required, and (3) exceed the 6-foot maximum height limit for a fence and retaining wall combination The subject project site consists of two vacant parcels at the western terminus of the 9th Street cul-de-sac, in the Rural Residential-C zone, and WHEREAS, the City Council has read and considered the Agenda Report for the proposed project and has considered other evidence presented at the public hearing; and WHEREAS, on July 17, 2007, the City Council held a public hearing on the above. referenced item. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows. Section 1 An Environmental Initial Study (EIS) was completed for the project. It was determined that while the project will not have a significant adverse impact on the environment, there could be potential impacts in the areas of biology, and traffic and transportation. All anticipated impacts, however, can be mitigated to a level of less than significant. The City Council therefore finds that all 01 the potential environmental concerns can be mitigate to a less than significant level and hereby approves a Mitigated Negative Declaration (MND) for the proposed uses. Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP), a biological report prepared by RC Biological Consulting, Inc., (dated June 2007), was submitted for the property Project development will impact approximately 2.93 acres of Diegan Coastal Sage Scrub (DCSS). In accordance with the Poway HCP, mitigation for the removal of DCSS habitat for Conditional Use Permit 07-06, Development Review 07-03, and Variance 07-09 is as follows: A. The proposed project site is inside the Mitigation Area of the Poway HCP The property is also partially within the Van Dam Cornerstone Biological Core and Linkage Area (BCLA) and the Resource Conservation Area (RCA) that is outside the BCLA. of the Poway HCP. The mitigation is consistent with and furthers the implementing objectives of the Poway HCP in that the applicant will mitigate . impacts to approximately 2.93 acres of DCSS habitat at a 2'1 ratio (5.86 acres) The mitigation for approximately 2.8 acres of DCSS will be onsite, and will be , . . 8054 Resolution No. P-07 -32 . Page 2 placed in a Biological Conservation Easement. The remaining 3 06 acres of mitigation will require the purchase of similar quality habitat within the identified Mitigation Area of the Poway HCP or payment of an In-Lieu Fee for the future purchase of habitat. B The project site consists of two parcels. Pursuant to the Poway HCP, habitat impacts are limited to two acres per parcel, The proposed 2 93 acres of habitat removal is well under the allowable four acres of habitat removal for this project. As the project will be preserving habitat onsite within' the BCLA and RCA area, and other offsite areas in the Mitigation Area, it is meetil1g the goal of the Poway HCP The southerly parcel of the project site is partially within the Van Dam Cornerstone BCLA. The remaining portion of the south parcel is in the RCA. The northerly parcel of the project site is entirely within the ReA. The Poway HCP states that 80% of natural habitats in Rural Residential BeLA and 50% of natural habitat within the RCA, but outside the BCLA, shall be preserved as biological open space. The project proposes 40 percent preservation of the habitat onsite in the BCLA area and 80 percent preservation of the habitat onsite in the RCA area, The proposed onsite Biological Conservation Easements are contiguous with a nearly 100 percent preserved, 124-acre parcel to the west and northwest owned by the California Department of Fish and Game Therefore, the project meets the intent . of the 80 percent preservation goal of the Van Dam Cornerstone BCLA and poway HCP C The preservation of2.8 acres of DCSS habitat within the Mitigation Area, the Van Dam Cornerstone BCLA, and the RCA will contribute toward the building of the ultimate total Mitigation Area preserve system of the Poway HCP, since the dedication will be sited to be contiguous to existing open space areas and will contain high quality habitat. Therefore, such habitat preservation will serve to enhance the long-term viability and function of the preserve system in that it will permanently preserve 2.8 acres of habitat onsite, and either preserve 3.06 acres of DCSS offsite in an identified Mitigation Area of the Poway HCP or pay an In-Lieu Fee D The mitigation will be to the long-term benefit of the covered species and their habitats in that the recordation of a Conservation Easement Deed over an area of undisturbed and unencumbered habitat, will promote a meaningful addition to the assembly of a viable regional system of interconnected natural habitat resources, habitat linkages, buffers and wildlife corridors since it will permanently preserve 2.8 acres of DCSS onsite, which is contiguous to undeveloped land to the west and northwest. The mitigation will also include the purchase of 3.06 acres of DCSS offsite within the mitigation area or the payment of an In-Lieu Fee to allow the purchase of habitat. The mitigation will enhance the long-term viability and function of the preserve system. . , , . . 8055 Resolution No P-07 -32 . Page 3 E The mitigation will foster the incremental implementation of the Poway Hep in an effective and efficient manner in that the habitat will be preserved onsite contiguous to other preserved habitat areas or vacant land F The preserved habitat will not result in a negative fiscal impact with regard to the successful implementation of the poway HCP as the subject mitigation lands will be placed within permanent Biological Conservation Easements or In-lieu Fees will be paid Section 3. The findings, in accordance with Section 1748070 of the Poway Municipal Code, for CUP 07-06, to allow a private school to be located at the western terminus of the 9th Street cul-de-sac are as follows: A. The proposed Montessori. school is consistent with the title and purpose of Section 17 48 070 of the Poway Municipal Code, the purpose of the zone in which the site is located, the City General Plan, and the development policies and standards of the City in that school uses are permitted in the RR-C zone, and B The location, size, design and operating characteristics of the Montessori school will be compatible with and will not adversely affect or be materially detrimental to . adjacent uses as the school's schedule is offset from Pomerado Elementary School, and the scale and colors of the school buildings are consistent with surrounding residential development; and C The harmony in scale, bulk, coverage and density of the school use will be consistent with adjacenLuses because the site will be developed with facilities and buildings that have been designed to be compatible with surrounding structures; and 0 The proposed school use will not affect existing public facilities, services and utilities at the site, and E. The proposed school use will not have a harmful effect upon desirable neighborhood characteristics because the school will be concentrated away from neighboring r,esidential uses, and restrictions on hours of operation and location and procedure of student drop-off and pick-up will be included in the project; and F The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that the Level of Service of the streets in the area is at an acceptable level, and the increase in traffic from the private school will not be significant given, the existing traffic volumes and flows in the area. The design of the new 9th Street private road extension will adequately serve the school and other future . neighboring residences, Required striping in the existing 9th Street cul-de-sac will , . . . 8056 Resolution No. P-07 -32 . Page 4 direct traffic, and there will be adequate parking facilities to serve the proposed private school and an adequate queuing area for dropping off of children, and G The site is suitable for the type and intensity of use, in that the Montessori school will act as a buffer between surrounding single-family residential uses, and multi- family, commercial and public elementary school development to the east. The size and scope of the .facility conforms to development standards, except as provided for by a Variance as discussed below; and H The proposed development will not have significant harmful effects upon environmental quality and natural resources in that the removal of 2.93 acres of Diegan Coastal Sage Scrub will be mitigated at a 2.1 ratio as discussed in Section 2 above The mitigation requirements will enhance the long-term viability and function of the preserve system; and I. There are no other relevant negative impacts of the development that cannot be mitigated; and J The proposed school use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be . contrary to the adopted General Plan; and The proposed school use will comply with each of the applicable provisions of Title K. 17 of the Poway Municipal Code Section 4. The findings, in accordance with Section 1750050 of the Poway Municipal Code, to approve Variance 07c09 to (1) allow the required parking spaces on the north parcel and south parcel of the project site to maintain a O-foot and 7 -foot front yard setback, respectively, when a 40-foot front yard setback is required in the RR-C zone, (2) maintain a 20-foot side yard building setback along the east property line when 50 feet is required for a semi-public use in any residential zone, and (3) exceed the maximum six-foot height limit for a fence and retaining wall combination, for the proposed Montessori school at the end of 9th Street cul-de-sac, within the RR-C zone are made as follows: A. That there are special circumstances applicable to the property and because of this the striCt application of the Zonihg Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. The special circumstances include: (1) the project site is unusually shaped in that it consists of two parcels that are off-set and separated by an access easement, (2) the developable area of the two parcels is reduced by approximately 50 percent due to the requirement to locate the school facility, including the parking lot, within areas that are 10 percent or less in slope, (3) the . 60-foot-wide road easement across the site further reduces the developable area of the project site by 19,800 square feet and creates a front yard setback on both . . 8057 Resolution No. P-07-32 . Page 5 sides of the easement, (4) the 60-foot width o1:a private road easement excessive, and (5) a 48-inch-diameter eucalyptus tree that the school wishes to preserve limits the developable area because it is located within the less than 10 percent slope area, and B Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in that the Montessori school will have a parking lot that is separated from the street with a 22-foot landscape planter similar to the existing RR-C zoned pre-school and elementary school development located to the east. The accessible parking spaces need to be located close to the school buildings and not in the main parking lot, which is 160 feet from the nearest school building entrance. The guardrail and fence on top of the retaining wall that exceeds six feet in height combined is required 'to ensure pedestrian safety and school security, as well as meet preschool licensing fencing requirements for playground areas as provided for in the neighboring school development; and, C Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that landscaping will be provided between the new 9th Street extension and the parking lot/spaces, the accessible spaces will be . conveniently located near the new cul-de-sac and buildings, the proposed 20-foot buffer along the east property line will be adequate .between the new school and neighboring elementary school use, and the guardrail and fence on top of the retaining wall will provide pedestrian safety and school security while minimizing visual impact; and, D That granting of this Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that existing neighboring RR-C zoned properties are developed with a preschool or elementary school; and, E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the RR-C zone because a private school is permitted with approval of a CUP; and F That the proposed Variance will be compatible with the City's General Plan because the use is permitted and does not result in a density increase Section 5 The findings, in accordance with Section 1752 of the Poway Municipal Code, for DR 07-03 are made as follows: A. The project is consistent with the Poway General Plan and has been designed to comply with Rural Residential C and semi~public use standards, except for the . setbacks for front and side yard, and height for a fence/retaining wall combination, for which a Variance can be supported; and . . . 8058 Resolution No. P-07 -32 . Page 6 8. The project will not have an adverse health, safety, or aesthetic impact upon adjoining properties in that the project's infrastructure improvements, grading and buildings are in compliance with all City development standards: and C That the project is in compliance with the Zoning and Grading Ordinances in that the project complies with all City development standards, except for the setbacks for front and side yard, and height for a fence/retaining wall combination, for which a Variance approval can be supported, and in that the school buildings, outdoor facilities and parking lot .are located on the flatter portion of the project site, i.e , within slopes no steeper than 10 percent in accordance with the Poway's Zoning Code regulations and General Plan policies pertaining to semi-public uses located in rural residential areas, and D That the development encourages the orderly and harmonious appearance of structures and property within the City as the proposed structure is consistent with and complementary to nearby developed properties Section 6' The findings in accordance with Government Code Section 66020 for the public improvements 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 will be available to serve this project. The payment of fees toward public improvements is needed as a result of the proposed development to protect the public health, safety, and welfare as identified below' 1 The project requires payment of water, sewer, and traffic mitigation fees, which are assessed on a pro-rata basis to finance and provide public infrastructure improvements to promote a safe and healthy environment for the residents of the City 2. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety, and welfare as identified below and further described in the conditions of approval: a Signage, striping and related traffic devices for 9th Street cul-de-sac b Two fire hydrants will be provided to the satisfaction of the Fire Marshal c, Transition between the new privately maintained street and sidewalk, and the existing 9th Street cul-de-sac improvements. . d. Onsite public water system to serve the new onsite hydrants . . 8,059 Resolution No P-07 -32 . Page 7 e Construction of a public sewer main in 9th Street to the project site if a private easement cannot be obtained for a sewer lateral from the existing sewer main on Rimbach Road to the subject property f Dedication of a 10-foot-wide trail easement and associated Community Trail improvements along the westerly property line for a segment of the Pomerado Trail, which extends from Espola Road to the South Poway Trail. g. Dedication of a 6-foot-wide trail easement from 9th Street to the west property line in order to provide a local feeder trail to the Pomerado Trail. Section 7' The City Council hereby approves CUP 07-06, DR 07-03 and Variance 07-09; a request to construct a 27,624-square-foot private school for up to 325 students and to. (1) allow required parking to encroach into the 4.o-foot front yard setback, (2) maintain a 20-foot side yard building setback where 50 feet is required, and (3) exceed the six-foot maximum height limit for a fence and retaining wall combination. The property is zoned Rural Residential C The approval is based on plans submitted on June 7, 2007, and is subject to the following conditions. . (Planning) A. Approval of this Conditional Use Permit, Development Review and Variance shall apply only to the subject project, and shall not waive compliance with all other Sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance B Within 30 days of the date of this approval: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and, (2) the property owners shall execute a Covenant Regarding Real Property. C The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding commercial and residential uses. 0 The terms and conditions of Conditional Use Permit 07-06, Development Review 07-03 and Variance 07-09 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits and the heirs, executors, administrators, successors and assigns of each of them, including municipal corporations, public agencies and districts, E. Conditional Use Permit 07-06 shall be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of . approval and to address concerns that may have occurred during the past year , . . 8060 Resolution No. P-07 -32 . Page 8 F Any changes increasing the intensity of use of the operation beyond what is being approved shall be considered as a major revision to the Conditional Use Permit and shall require Ciiy Council to approve the request. G All required parking shall be provided onsite, Required parking spaces within the area subject to the60-foot-wide access easement shall be allowed only subject to the following: 1 The applicant shall provide recorded documentation signed by the beneficiaries of the access easement that demonstrates that the area required for the parallel parking spaces haye been quitclaimed, The documentation shall include a legal description and plat that shows the quitclaimed area. 2. The spaces shall be signed "Country Montessori School Parking Only" to the satisfaction ofthe Director of Development Services H Prior to Grading Permit issuance, the applicant shall complete the following: (Engineering) . 1 A grading plan, prepared on a City of Poway 24"x 36" standard mylar sheet, preferably at a scale of 1 "=20', shall be submitted along with a Grading Permit application and applicable fees to the Development Services Engineering Division. A grading plan submittal list is available at the Development Services front counter As a minimum, the grading plan shall include the following: a All new slopes with a maximum 2: 1 (horizontal to vertical) slope Tops and toes of graded slopes shall be shown with a minimum five- foot setback from open space areas and property lines, Buildings shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/orEngineering Division prior to issuance of a Grading Permit. b Paving of the parking lot shall conform to the standards set forth in Section 12.20080 of the Poway Municipal Code c. All driveway approaches to the development shall be with alley-type curb returns. d. A separate erosion control plan for prevention of sediment run-off during construction. . e. All utilities (proposed and existing), together with their appurtenances and associated easements. Encroachments are not permitted upon , , . . 8061 Resolution No P-07-32 . Page 9 any easement without an approved Encroachment Agreement Permit. f Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work. g Locations and pertinent elevations of all retaining walls, h, Documentation confirming that existing facility systems (water, storm drain) to be utilized are of adequate capacity to accommodate the proposed development. i. Provision for the installation of all drainage facilities to take place at the beginning of construction and be completed prior to issuance of a Building Permit. J. Indication of grades of surrounding properties sufficient enough to determine the effects of improvements on surrounding properties. . 2 A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan, 3 A drainage study using the 1 DO-year storm frequency criteria sha.1I be submitted with the grading plan The drainage system shall be capable of handling and disposing all surface water within the project site and all surface water flowing onto the project site from adjacent lands, Said system shall include all easements required to properly handle the drainage Concentrated flows across driveways are not permitted. 4 Pad elevations shown on the grading plan shall not increase by more than two feet in height from the elevations shown on the approved tentative map, unless otherwise approved by the City Council. 5 The grading plans shall demonstrate the project complies with the City's Standard Urban Stormwater Mitigation (SUSMP) Plan ordinance 6 The project owner shall file with the State Regional Water Quality Control Board a Notice of Intent (NO I) for coverage under the Statewide General Permit, which covers storm water discharges. Proof of filing of the NOI and an assigned Waste Discharge Identification Number shall be submitted to the Development Services Department-Engineering Division prior to . issuance of the Grading Permit. Applications for the Notice of Intent may be obtained by contacting. , . . 8062 Resolution No P-07-32 . Page 10 California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 (858) 467-2952 7 The grading plans shall provide for construction of the improvements to the privately maintained street to serve the subject project and its transition to the western terminus of 9th Street. The privately maintained street shall be improved and completed to Poway Municipal Code Section 12.20080 standards for non-dedicated roads, and shall provide for its future westerly extension Improvements shall include a clear paved width of 24 feet, curb, gutter, pedestrian ramps, street lighting, and a paved 8-foot-wide shoulder and sidewalk on the south side The cul-de~sac of the privately maintained street shall have a clear paved radius of at least 36 feet. The transition from the privately maintained street to the terminus of 9th Street shall be designed to public road standards for both vehicular and pedestrian traffic, including pedestrian ramps to the existing sidewalk. 8 Prior to issuance of a Grading Permit, the applicant shall prepare a Storm . Water Pollution Prevention Plan (SWPPP) that effectively addresses the elimination of non-storm runoff into the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control; a de-silting basin with a capacity of 3,600 cubic feet of storage per acre drained, or designed to remove fine silt for a ten-year, six-hour storm event; a material storage and handling site, measures to protect construction material from being exposed to storm runoff; protection of all storm drain inlets, onsite concrete truck wash and waste control; and other means of Best Management Practices to effectively eliminate pollutants from entering the storm drain system, including a weather triggered action plan. The engineer shall certify the SWPPP prior to .issuance of a Grading Permit 9 The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. 10 Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City prior to grading plan approval. A minimum $5,000 cash security deposit is required 11 The applicant shall apply and post fees for a water system analysis to establish the proper size and location of the proposed fire hydrant and . public water system. Looped water systems are required for water mains that exceed a length of 1,000 feet. . . 8063 Resolution No. P-07 -32 . Page 11 12. The property owner shall attend a pre-construction meeting, at which time an Action Plan shall be presented that identifies measures to be implemented during construction to address erosion, sediment, and pollutant control, Compliance for erosion control shall be provided using one or more of the following guidelines. a, Provide an onsite de-silting basin with a volume based on 3,600 cubic feet per tributary acre drained during any earthwork operations. b. Cover all flat areas with approved mulch c. Install an earthen or gravel bag berm that retains three inches of water over all flat areas prior to discharge, effectively creating a de-silting basin from the pad 13 The applicant shall cause the preparation of improvement plans, by a licensed civil engineer, for construction of the proposed public water main and sewer main extensions, The improvement plans shall include a slurry seal of the entire width of the street in areas impacted by the sewer improvements. Plans and appropriate plan check and inspection fees shall . be submitted to the Engineering Division for review and approval. 14 The applicant shall provide documentation of a private easement for the construction and maintenance of a sewer lateral between the subject property and Rimbach Road If such an easement cannot be obtained, the applicant shall cause the preparatiDn of plans and construct a public sewer main in 9th Street to serve the subject property 15 The applicant shall apply with the City for a lot merger to consolidate the two existing parcels for the subject project. 16 The applicant shall cause the preparation of easement documents for new public water and sewer mains constructed to serve this project. The easement documents shall be submitted to the City for review and approval, accompanied by a review fee of $1,000,00 for each easement. 17 Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing, or grading. As a minimum, all protected areas as shown on the project plans are to be staked by a licensed surveyor and delineated with lathe and ribbon. 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 the approved project plans. , , . . 8064 Resolution No P-07 -32 . Page 12 18 Prior to start of any work within City-held easements or right-of-way, a Right-of- Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance 19 Non-supervised or non-engineered fill is not allowed Rock disposal areas shall be graded in compliance with City approved soils recommendations and the approved grading plans. 20. Prior to rock blasting, a pre-blast survey of the surrounding properties shall be conducted to the satisfaction of the Director of Development Services, and a Blasting Permit shall be obtained from the Engineering Division. Seismic recordings shall be taken for all blasting, Blasting shall occur only at locations and levels approved by the Director of Development Services. (Planning) 21 The locations and sizes of all utility boxes and vaults within street rights-of- way shall be shown on the grading plans. 22. All new and existing electrical/communication/CATV utilities, if any, shall be . installed underground prior to installation of concrete curbs, gutters and sidewalks, and surfacing of the streets, The applicant/developer is responsible for complying with the requirements of this condition, and shall make the necessary arrangements with each of the serving utilities 23 Submit landscape and irrigation plans to the Planning Division for review and approval consistent with the City of Poway Guide to Landscape Requirements to the satisfaction of the Director of Development Services. The landscape and irrigation plan shall identify plant species, sizes, and automatic irrigation for all areas to be planted. A plan check review fee is required at the time of initial submittal of the plans. Based on the preliminary landscape plans submitted on June 7, 2007, the plans shall be revised to address the following: a Install a dense landscape screen along the perimter of the school, parking lot areas, and playfield areas to reduce visibility from surrounding properties, The landscaping shall be adjacent to the perimeter fence when possible The screen shall consist of 15-gallon evergreen trees, 20 feet on-center, and shrubbery b The landscape plans shall incorporate the tree replacement requirements of any Tree Removal Permits, . c. Install vines along the east property line to soften the appearance of the retaining walls, , , . . 8065 Resolution No P-07-32 . Page 13 d A hedge shall be installed along the limits of the southern parking lot to screen the view of the parking lot as seen from the new street. e Any area within the 60-foot-wide access easement not occupied by street or sidewalk improvements shall be landscaped to the satisfaction of the Director of Development Services f The plans shall include landscaping and irrigation of slopes over 5 1 and Fire Fuel Management Zones in accordance with the applicable requirements of the City of Poway Guide to Landscape Requirements, I. Landscaping within slopes shall utilize materials similar in appearance to the existing native vegetation. ji Trees shall be planted at the rate of one tree per 750 square feet of slope area and shrubs shall be planted at the rate of one' shrub per 100 square feet of slope area. Groundcover shall be hydroseeded, or hand planted cuttings appropriately spaced to eventually control soil erosion . g If construction of the school does not commence within 90 days of completion of grading, all manufactured slopes steeper than 5 1 shall be hydroseeded and irrigated to the satisfaction of the Director of Development Services, 24 The parking lot shall provide a dedicated area to allow cars to easily turn around. 25. A focused presence/absence survey for the California Gnatcatcher shall be completed, and the written results, in the form of a letter, submitted to the City of Poway Planning Division. 26 Install permanent signs and fencing, as may be deemed necessary by the Director of Development Services, to delineate the limits of the Biological Conservation Easement(s} present on the site, 27 The limits of approved habitat removal shall be clearly shown on the grading plan and staked in the field prior to commencing grading, 28 According to the habitat assessment and area calculations in the June 2007 report prepared by RC Biological Consulting, Inc., the site consists of 573 acres of Diegan Coastal Sage Scrub (DCSS) Project grading and Fire . Fuel Management Zones will impact approximately 2 93 acres of DCSS Mitigation will be completed as follows: , , . . 8066 Resolution No P-07 -32 . Page 14 a, The applicant shall mitigate impacts to 2.93 acres of DCSS habitat at a 2.1 ratio for a total of 5 86 acres. Partial mitigation will be provided by recording a Biological Conservation Easement (BCE) over the 2.8 acres of Coastal Sage Scrub remaining on the property Note. In compliance with the PSHCP, the City shall process a General Plan Amendment and Zone Change to change the land use and zoning designation of the area of the Biological Conservation Easement to Open Space-Resource Management (OS-RM) zone to ensure its permanent preservation b The remaining 3.06-acre mitigation requirement will be satisfied by establishing an offsite BCE over similar quality and unencumbered habitat within the Mitigation Area, and/or by paying an In-Lieu Fee to the City for future purchase of habitat. Presently, the In-Lieu fee is $10,000 per acre, 29. In accordance with Condition H of the PSHCP Incidental Take Permit, a take of active California Gnatcatcher nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July . 1, is not permitted Therefore, grading during this time frame will only be permitted subject to the following conditions having been met to the satisfaction ofthe Director The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures, to the satisfaction of the City and the United States Fish and Wildlife Service (USFWS,) are implemented, There is no guarantee that grading will be allowed to resume. a. If grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division a letter from a qualified biologist retained by the applicant, with a scope of work for a CSS habitat and Gnatcatcher Survey, and a report for the area to be cleared and/or graded and CSS habitat areas within 500 feet of such area, The biologist shall contact the USFWS to determine the appropriate survey methodology. The purpose of the survey is to determine if any active Gnatcatcher nests are located in the area to be cleared or graded, or in CSS habitat within 500 feet of such area. To be considered qualified, the biologist must provide the City with a copy of a valid Gnatcatcher Recovery Permit from the USFWS b The scope of work shall explain the survey methodology for the . biological survey and the proposed Gnatcatcher nest monitoring activities during the clearing/grading operation. ; , , . . 8067 Resolution No P-07-32 . Page 15 c. Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatcher nests are not present within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, approval may be granted to commence clearing/grading within the Gnatcatcher nesting season from February 15 through July 1 d, If Gnatcatchers are present within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, no grading will be allowed during this time e The biologist must be present onsite during all clearing/grading activities to monitor that the clearing/grading activities stay within the designated limits. During this period, the biologist shall also monitor and survey the habitat, on a daily basis, within the area to be cleared/graded and any habitat within 500 feet of said area for any evidence that a Gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a Gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the . Gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s). If grading is required to stop due to the presence of active nests, the applicant shall be required to provide erosion control to the satisfaction of the City Engineer This paragraph must be included as a note on the cover sheet of the clearing/grading plan. f. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the daily observations of the biologist, including whether any Gnatcatchers or evidence of active Gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. 30 The biologist must attend the City's pre-construction meeting for the project and shall provide the City with written confirmation that the limits of clearing/grading are in accordance with the project's Biological Resource Assessment. 31. At a minimum, all protected areas, as shown on the grading plan, shall be staked by a licensed surveyor, and delineated with lathe and ribbon. The applicant shall have said staking inspected by the Engineering Inspector prior to any grading, clearing or grubbing. 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 the approved project plans. i . . 8068 Resolution No, P-07-32 . Page 16 32, The applicanfs Engineer shall provide a plat map and legal description showing the new BCE area and shall note the location of the existing Open Space Easement. The plat map submitted shall be an original, and shall be stamped and signed by the Engineer Separate plan check fees will be required for review of this easement. 33 The signed and notarized BCE document shall be returned to the City and then be recorded with the County of San Diego The applicable review Jees and fees for the recordation shall be submitted by the applicant. 34 The trash enclosure shall be relocated out of the front yard setback. (Public Works) 35 A 10-foot-wide recreational trail easement along the westerly property line shall be dedicated and trail improvements shall be constructed to the satisfaction of the Director of Public Works The width and location of the trail shall be shown on the grading plan to the satisfaction of the Director of Public Works. 36 A 6-foot-wide local feeder trail easement shall be dedicated and trail . improvements shall be constructed from 9th Street to the westpr6perty line to the satisfaction of the Director of Public Works, The width and location of the trail shall be shown on the grading plan to the satisfaction of the Director of Public Works. I Prior to the issuance of a Building Permit, the applicant shall comply with the following 1 The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein, The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of Electrical/Building Permit issuance 2. The locations of any new utility boxes over three feet in height shall be noted on the plans, and screening shall be provided to the satisfaction of the Director of Development Services. 3 School impact fees shall be paid at the rate established at the time of Building Permit issuance Please contact the Poway Unified School District for additional information. 4 The temporary utility poles located onsite or within adjacent rights-of-way . shall be shown on the site plan All utilities shall be placed underground prior to occupancy .' .' . . 8069 Resolution No. P-07 -32 . Page 17 (Engineering) 5 Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 6 The lot merger required of this project shall be recorded with the San Diego County Recorder 7 Prior to delivery of combustible building materials, onsite water and sewer systems shall satisfactorily pass all required'tests and be connected to the public water and sewer systems, 8 Rough grading is to be completed and meet the approval of the City inspector and shall include submittal of the following: a. A certification of line and grade for the lot, prepared by the engineer of work, b A final soil compaction report for review and approval by the City 9 The following development fees shall by paid to the City, unless other . payee is indicated. The fees and the corresponding amounts are as follows and are subject to change without further notice. The amounts to be paid shall be those in effect at time of payment: Water 1 inch 1 Yz inch Meter $ 270 $ 600 Expansion Fee $6,678 $10,388 SDCWA Capacity" $6,922 $12,978 SDCWA Water Treatment Capacity" $ 266 $ 498 "To be paid by separate check, payable to the SDCWA. The applicant shall inform the City of the size and number of water meters to be set. Sewer Phase 1 (210 students)(12 gallons/day/student)/(250 gallons/day) = 101 EDU's Connection fee = (101 EDU's)($2,356 OO/EDU) = $23,795 60 Phase 2: (63 students)(12 gallons/day/student)/(250 gallons/day) = 3 1 EDU's Connection fee = . (3 1 EDU's)($2,356 OO/EDU) = $ 7,303 60 ;i , . . 8070 Resolution No P-07 -32 . Page 18 Phase 3 (52 sludenls)(12 gallons/day/sludenl)/(250 gallons/day) = 2.5 EDU's Connection fee = (2.5 EDU's)($2,356,OO/EDU) = $ 5,890 00 Clean out fee = $50 00 per cleanout Cleanout inspection fee = $25 00 per c1eanout Traffic Mitiqation Phase 1 (210 students)($16 50) = $3,46500 Phase 2 (63 students)($16 50) = $1,039.50 Phase 3 (52 students)($16,50) = $ 858 00 Park = None Drainaqe = None 10 The applicant shall submit to the City legal descriptions, plat maps, and plan check fees for public easements for the onsite public water mains, sewer mains, fire hydrants and their appurtenances The plan check fee for each easement is $1,000 00 . (Planning) 11 The applicant shall submit a drop-off and pick-up plan to minimize queuing in the street subject to the approval of the Director of Development Services "No Parking" signs to prohibit parking along the school frontage during of drop off hours and pick shall be posted. 12. The air conditioning units shall be screened from view from adjacent properties. 13 Any signs proP9sed for this development shall be designed and approved in conformance with the Sign Ordinance under a separate Sign Permit. No wall signs shall be permitted along the east building elevation 14 All outdoor lighting shall be shielded or directed so that no light spillage shall encroach into adjoining residential properties After 11'00 p.m all lighting shall be low-pressure sodium, with the overall wattage kept to a minimum in areas closest to the residential neighbors Automatic timers shall be installed to ensure compliance with the dark sky/low-pressure sodium requirement. The maximum height of freestanding light posts shall not exceed 18 feet. The building lights will be installed with motion detectors, and the parking lot lights can be installed with timers so that they are turned off when not in use. . , , . . 8071 Resolution No. P-07 -32 . Page 19 15 Any proposed security lighting shall utilize low-pressure sodium fixtures. The fixtures shall be shielded with well-defined cut-off limits to confine illumination to onsite areas only 16 Exterior building materials and finishes shall reflect the approved elevations on file with the City and the conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services. 17 The building plans shall include elevations and cross sections that show all new roof-mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view and sound buffered from adjacent properties, to the satisfaction of the Director of Development Services, J Prior to occupancy, the applicant shall comply with the following fire safety requirements to the satisfaction of the Fire Marshal: 1 Roof covering shall be fire retardant as per UBC Sections 1503 and 1504, UBC Standard 15-2, and City of Poway Ordinance No 64 and its amended . Ordinance No 526 The building shall display its numeric address in a manner visible from the 2 access street. Minimum size of the building numbers shall be six inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff's Dept. - ASTREA criteria. 3 Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance A turnaround for fire apparatus shall be provided on campus at an approved location in conjunction with fire lane access requirements. Fire lane access will be provided to within 150 feet of all buildings within the campus This 20-foot access width is the minimum required for Fire Department emergency access. The Fire Chief, prior to installation, will approve the proposed use of grasscrete, or similar product. Plastic types of grasscrete will not be permitted, The Fire Chief, pursuant to the City of Poway Municipal Code, shall approve the road surface type 4 The buildings in excess of 5,000 square feet will be required to install an . approved fire sprinkler system meeting PMC requirements. The entire system is to be monitored by a central monitoring company Double ,I. ..-1 . . 8072 Resolution No P-07 -32 . Page 20 detector check valve assembly and system post indicator valve(s) with tamper switches shall also be monitored The City Fire Marshal, prior to installation, shall locate these fire protection devices. 5 A properly licensed contractor shall install an automatic fire alarm system to approved standards The system shall be completely monitored by a U L. listed central station alarm company or proprietary remote station 6 A 'Knox' Security Key Box shall be required for the building at a location determined by. the City Fire Marshal. A breakaway padlock shall be required for the fire sprinkler system Post Indicator Valve 7. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes', with appropriate signs and curb markings. 8 Minimum 2A:10BC fire extinguisher is required for every 3,000 square feet and 75' travel distance 9 The addition of onsite fire hydrants is required The City Fire Marshal shall determine the location of the hydrants . 10 Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests, and be connected to the public water and sewer systems, In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City 11 Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door Door shall be labeled with a sign indicating "Fire Sprinkler Riser" When the closet method is chosen, applicant shall provide 36 inches of clearance from the standpipe or attached additional risers, accessible by a 3'-0" man door K. Prior to occupancy, or as otherwise noted, the following shall be complied with 1 The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City Departments will be required (Engineering) . 2. The applicant shall provide for the installation of signs, striping, and related traffic devices within the existing cul-de-sac at the western terminus of -~". . I 1 ~f . . 8073 , Resolution No. P-07 -32 . Page 21 9th Street. The signs, striping, and related traffic devices shall be installed to direct vehicles around the cul-de-sac, rather than a straight-through movement, and eliminate parking within the cul-de-sac. Plans for these improvements shall be reviewed and approved by the City Traffic Engineer, and installed and inspected through issuance of a City Right-of-Way Permit. 3 Public easements required of this project shall be recorded with the San Diego County Recorder 4 Private road improvements, the parking lot, driveways, drainage facilities, slope landscaping and protection measures, water and sewer main extensions, and utilities shall be constructed, completed, and inspected by the Engineering Inspector. 5 Structural sections for the parking lot shall be submitted and approved by the Engineering Division, Paving of the p(1rking lot shall be in accordance with Poway Municipal Code Section 12,20080 6 An adequate drainage system around each building pad capable of handling and disposing all surface water shall be provided to the . satisfaction of the Engineering Inspector Run-off shall not be permitted io pond near the building foundations, or cause surface erosion along the slopes, Large concentrated flows onto the street are not penmitted. 7 The applicant shall repair, to the satisfaction of the City Engineer, damages to the streets caused by construction activity from this project. 8 All proposed utilities within the project site shall be installed underground 9 The owner shall execute and record a maintenance agreement for maintenance of the Best Management Practices devices as required by the Standard Urban Stormwater Mitigation Plan (8USMP) ordinance 10 The owner shall execute a private road construction and maintenance agreement, in a form satisfactory to the City Attorney Said agreement is to comply with Ordinance No 280, PMC 12.20060 The applicant shall provide to the City the necessary legal descriptions, plat maps, and recording fees for this agreement. 11 Record drawings, signed by the engineer of work, shall be submilled to Development Services prior to a request of occupancy, per PMC 16 52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to . issuance of occupancy and release of grading securities. , I' .r . . 8074 , Resolution No. P-07-32 . Page 22 (Planning) 12 All plantings shall be installed, and an automatic irrigation system pursuant to the Poway Guide to Landscape Requirements and the approved landscape plans shall be installed and operational at time of final inspection 13 A Tree Removal Permit approval shall be obtained prior to removal of any trees In addition, prior to removal of any trees during the recognized nesting season for raptors, a qualified professional shall evaluate the subject trees for nests and report the findings in writing to the City Should a nest be located, the tree removal shall be delayed until such time as the nest(s) have been abandoned. L. Upon occupancy the applicant shall comply with the following conditions 1 The arrival and departure of students shall be conducted in accordance with the City- approved drop-off and pick-up plan 2. All facilities and related equipment shall be maintained in good repair Any damage from any cause shall be repaired as soon as reasonably possible . so as to minimize occurrences of dangerous conditions or visual blight. 3 The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 4 All lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining residential development. 5 All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Guide to Landscape Requirements, The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300) Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface 6 The facility shall be operated in such a manner as to minimize any possible disruption caused by noise, and shall comply with the noise standards . contained in Chapter 8 08 of the Poway Municipal Code At no time shall ~ " , . . " . 8075 . Resolution No. P-07'32 . Page 23 equipment noise from any source exceed the noise standards contained in the Poway Municipal Code 7 No loudspeaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance Section 8' The approval of CUP 07-06, DR 07-03 and VAR 07-09 shall expire on Julv 17, 2009. at 5.00 p.m., unless, prior to that time, a Building Permit has been issued and construction has commenced on the property in reliance on the CUP approval prior to its expiration. Section g' 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 pursuant to this approval shall begin on July 17, 2007 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regularmeeting this 17th day of July 2007 . ATTEST ~~(UV ~ L. Dia e Shea, City Clerk . ._, J1 . .' ~ . . . , . 8076 Resolution No P-07 -32 . Page 24 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the .foregoing Resolution No P-07-32 was duly adopted by the City Council at a meeting of said City Council held on the 17th day of July 2007 and that it was so adopted by the following vote. AYES BOYACK, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSENT EMERY DISQUALIFIED' NONE . ~~,~~c;P~ City of Poway .