Covenant Regarding Real Property 2008-0513164
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, 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 )
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\ 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In the event that CUP 07-06 expires or is rescinded by City Council at the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
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8051
CALIFORNIA AlL..PURPOSE ACKNOWLEDGMENT
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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.
.
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Resolution No P-07 -32
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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
. . .
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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
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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
, , . .
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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
.