Covenant Regarding Real Property 2008-0217868
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'1' ; _ ''', ~ ' . 1112.5 DQ.. 2008.,021 7868 !
. RECORDING REQUEST BY ) FS3 1111111111111111111111111111111111111111111111111111111111111111111111:
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CITY OF POWAY l/7 P APR 23,2008 449 PM
WHEN RECORDED MAil TO:) . OFFICI.~L RECUR[",.
) (I ofJ ,.~I'I DIEGO COUI'IT',' RECORDER'S OFFICE
V GF,EGOR', .1 SHITH COUNT,' RECOFI['ER
CITY CLERK) FEES. 58.00 ,
CITYOFPOWAY) PAGES' 17 I
POBOX 789) .
POWAY CA 92074-0789 l 11111111111111111111111111111111111111111111111111111111111111111111111111111111 I
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APN: 314-132-07
COVENANT REGARDING REAL PROPERTY
Southeastern California Association of Seventh-Day Adventists, PROPERTY
OWNER ("OWNER" hereinafter), is the owner of real property described in Exhibit A,
which is attached hereto and made a part hereof, and which is commonly known as
Assessor's Parcel Number 314-132-07 ("PROPERTY" hereinafter)
In consideration of the approval of the modification to Conditional Use Permit
(CUP) 03-03M(2) and the revision to Development Review (DR) 03-04R(2) by the City
of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the
attached resolution (Exhibit B)
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties
In the event that CUP 03-03M(2) and DR 03-04R(2) expires or is rescinded by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: Southeastern .California Assoc.
'_ , . .<J;:Jjventh-oay ~dventists
Dated: Y ILl-or; By' ~ d r ~
Richard A. Moore ~ (Notarize)
,
Dated 3/ /3hs
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r,) " . . 11126
CALIFORNIA ALL.~URPOSE ACKNOWLEDGMENT
~~~~~~~.lX"~~~~..a"...G<'~~~~~~~~~~~
State of California }
County of "')"",,, ~'~u
Onriy.\l\. ).00"6 before me, \.0." c; ~ o\-c...v \,'C
Date ~\ Here InserlN e andT,lIe 01 the Ofll ar
personally appeared c.\.-.O<'{" .\ '\\ - \\. 00" <2-
Name(s)of Signer(s}
who proved to me on.thebasis otsatisfactory evidence to
be the person~hose name(8f1s/~ subscribed to the
within instrument and acknowledged to me that
he/sRetm'ey executed the same in his/Aerltheir authorized
capacity~ and that by his/ner/IAeir signatureW'"Qn the
@ RENU A. KHA/'iNA instrument the perso~, or the entity upon behalf of
- CommIssion # 1663373 which the person\6) acted, executed the instrument.
~ ."0 ... Notary PUbllc - Cali forma ~
" San DIego Countv ~ I cerllfy under PENALTY OF PERJURY under the laws
'" ' MyComm.ExPlresMaY2,2010 of the State of California that the foregoing paragraph is
true and correct.
WI~rrd and official seal.
Place Notary Seal Above Signature v-.. Pi. x'l..o" ^ c...,
Signature 01 Notary Public
OPTIONAL
Though the information below is not required by law, it may prove vafuable to persons, relying on the document
and could prevent fraudulent remova/.and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name. Signer's Name:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate Officer - Title(s):
o Partner - 0 limited 0 General RIGHT THUMBPRINT o Partner - 0 limited 0 General
o Attorney in FaCt OF. SIGNER! o Attorney in Fact .
o Trustee Top of thumb here o Trustee Top of thumb here
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
~~~~~~~~~~~~',~;;.:';;;'~"'g.;~~~~~~~~"'V~~~~~g;.~~~'UV~~~~~~~~~
<&>2007 National NOlary Association. 9350 De $oto Ave., P.D.Sox 2402. Chatsworlh, CA .91313-2402' www.NationaINolary.org Item #5907 Reorder: Call loll-Free 1~BOO.B76-6827
" :' ~. · 11127
,-
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS
ALL THOSE PORTIONS, OF BLOCK 23 AND LOTS 28 THROUGH 31, INCLUS IVE, AND
OF VACATED "E" STREET iN TRACT "E" OF POWAY, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 536, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MAY 7,
1888, WHICH ~IES SOUTHERLY OF THE BOuNDARY OF REXFORD TERRACES,
ACCORDING TO MAP THEREOF NO, 4261, FILED, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, MAY 15, 1959, EXCEPTING THEREFROM
THE SOUTH HALF OF- SAID LOT 3;1., AND THAT PORTION OF THE WEST HALF OF
SAID "E" STREET WHICH LIES SOUTHERLY OF THE EASTERLY PROLONGATION OF
THE NORTH LINE OF SAID SOUTH HALF OF LOT 31,
EXCEPTING THER?FROM ALL THOSE PORTIONS OF BLOCK 23 AND LOTS 28, 29, 30
AND THE NORTH HALF OF 31, IN TRACT "E" OF' POWAY, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA; 'ACCORDING TO MAP,TJ.!EREOF NO, 536, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MAY 7,
1888, TOGETHER WITH ALL. THOSE PORTIONS OF THE ALLEY IN SAID BLOCK 23
AND ESCONpIDO~VENUE AND PLAZA ADJOINING SAID BLOCK 23 ON THE EAST, AS
SAID ALLEY, AVENUE AND PLAZA WERE VACATED AND ABANDONED BY RES.OLUTION
OF THE BOARD OF SUPERVISORS OF SAID SAN DIEGO COUNTY RECORDED JUNE 19,
1957 IN BOOK 6627, PAGE 335 OF OFFICIAL RECORDS; TOGETHER WITH ALL
THOSE PORTIONS OF 5TH STR.EET AND "E" STREET'AS SAID STREETS ARE SHOWN
ON SAID MAP NO, 536, BOUNDED AND DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE MOST, WESTERLY SOUTHWEST' CORNER OF REXFORD TERRACES,
ACCORDING TO MAP THEREOF NO, 4261, FILED iN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, MAY 15, 1959; THENCE ALONG THE
SOUTHERLY BOuNDARY OF SAID REXFORD TERRACES AS FOLLOWS: SOIJTH
46029'37" EAST 644,73 FEET; SmITH 65024'25" EAST 90,60 FEET; AND SmJTH
82023 '41" EAST 2.19, 55 FEET; ,THENCE LEAVING SAID SOVTHERLY BOUNDARY,
SOUTH 0019'13" WEST 620.23 FEET TO A POINT IN A LINE DRAWN PARALLEL
WITH ANDD~STANT 120 00 FEET NORTHERLY AT RIGHT ANGLE FROM THE SOUTH
LINE OF THE NORTH: HALF OF SAID LOT 31 IN TRACT "E"; THENCE ALONG SAID
PARALLEL LINE AND THE EASTERLY PROLONGATION THEREOF, SOUTH 88036'27'1
EAST 521.00 FEET ~O THE WESTERLY LINE OF POMERADO ROAD, FORMERLY KNOwN
AS MISSI.ON ROAD I-A, AS SHOWN ON MAP THEREOF ON FILE IN THE OFFICE OF
THE COUNTY SURVEYOR OF SAID SAN DIF;GO COuNTY; THENCE SOUTH, 0019' 23 "
WEST ALONG SAID WESTERLY LINE 308,40 ,FEET TO THE CENTER LINE OF FIFTH
STREET, AS SHOWN ON SAID MAP NO, 536; THENCE NORTH 88044' 57" WEST ALONG
SAID CENTER LINE 33,0,06 FEET TO THE, CENTER LINE Of "E" STREET AS SHOWN
ON SAID MAP NO, 536; THENCE NORTHo02:J.';23,!' EAST ALONG SAID CENTER LINE
i89.25 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE
NORTHERLY HALF OF SAID LOT, 31,; THENCE NORTH 88036 I 27" WEST ALONG SAID
EASTERLY PROLO~GATIONTO ANn ALONG SAID SOUTHERLY LINE 973,92 FEET TO
THE WE~TERLY 'LINE OF SAID TRACT "E!',;THENCE NORTH 0053 I 41" EAST ALONG
SAID LINE 123L89 FEET TO THE' POINT OF BEGINNING,
. EXHIBIT B . 11128
RESOLUTION NO P-08-06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03-03M(2)
AND DEVELOPMENT REVIEW 03-04R(2)
AND RESCINDING RESOLUTIONS NO P-04-24 AND P-06-18
ASSESSOR'S PARCEL NUMBER 314-132-07
WHEREAS, Conditional Use Permit (CUP) 03-03M(2) and Development Review
(DR) 03-04R(2) were submitted by Poway Seventh Day Adventist Church, to construct
a 4,920-square-foot sanctuary addition to an existing Church building and remodel
2,500 square feet of the existing 4,000-square-foot Church building on a developed
property located at 13940 Pomerado Road, in the Residential Single-Family 7 (RS-7)
zone, and;
WHEREAS, on March 4, 2008, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows,
Section 1 The proposed project is Categorically Exempt as a Class 1 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section
15301 of the CEQA Guidelines, in that the project involves a negligible expansion of an
existing use
Section 2: The findings, in accordance with Section 17 48.070 of the Poway
Municipal Code (PMC) for CUP 03-03M(2) to construct a 4,920-square-foot addition and
remodel 2,500 square feet of an existing 4,000-square-foot building at an existing
religious facility located at 13940 Pomerado Road, in the Residential Single-Family 7
(RS-7) zone, are made as follows,
A. The proposed location, size, design, and operating characteristics of the
proposed Church expansion and remodel are in accord with the title and purpose
of Chapter 1748 of the Poway Municipal Code (Conditional Use Permit
Regulations), the City General Plan, and the development policies and standards
of the City in that religious facilities are allowed with a Conditional Use Permit
and no Variances are requested,
B The location, size, design, and operating characteristics of the proposed Church
expansion and remodel will be compatible with and will not adversely affect or be
materially detrimental to adjacent uses, residents, buildings, structures, or natural
resources in that in that the buildings of the facility will observe a minimum
50-foot setback from adjacent residential development.
eo . 11129
Resolution No P-08-06
Page 2
C The proposed Church expansion and remodel is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the
proposed expansion will be located on an existing, previously graded pad and
will be added to the existing Church building, The new building will be designed
to be complimentary to surrounding buildings,
D There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed Church expansion and remodel.
E, There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed Church expansion and remodel has been
designed, and sited, such that it will be compatible with the surrounding
community The project will not utilize streets in the residential neighborhoods to
the north and a minimum 50-foot setback from the religious facility to the
adjacentresidentially zoned properties will be provided.
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 proposed Church expansion is located on an existing
Church site and will not generate additional traffic other than what the Church
does now The expansion and remodel will not adversely impact the capacity
and physical character of Pomerado Road Therefore, the proposed project is
found to be consistent with the Circulation Element of the General Plan,
G The site is suitable for the type and intensity of use or development, which is
proposed, it is located in an area with suitable circulation and other infrastructure,
The proposed Church expansion and remodel will allow the Church to expand its
services to the community
H, There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed Church expansion and remodel is located
on a developed property, and does not involve the removal of natural habitat
resources,
I. There are no relevant negative impacts associated with the proposed Church
expansion and remodel that cannot be mitigated in that the facility will comply
with County and State requirements,
J That the potential impacts, and the proposed location, size, design, and
operating characteristics of the proposed Church expansion and remodel will not
be materially injurious to properties or improvements in the vicinity, nor be
contrary to the adopted General Plan.
. . 11130
Resolution No P-08-06
Page 3
K, The proposed Church expansion and remodel will comply with all the applicable
provisions of Chapter 17 48 of the Poway Municipal Code in that the project will
meet all current development standards
Section 3 The findings, in accordance with Section 17,52 of the Poway Municipal
Code, for Development Review 03-04R(2) to construct a 4,920-square-foot addition and
remodel 2,500 square feet of an existing 4,000-square-foot sanctuary at an existing
religious facility located at 13940 Pomerado Road, within the Residential Single-Family-
7 (RS-7) zone, are made as follows,
A. The religious facility expansion has been designed to comply with the
development standards of the Poway General Plan and Municipal Code The
colors and materials used in the construction of the facility are compatible with
the surrounding development. The building will be set back 50 feet from the
adjacent residential property lines and landscaping will soften the building from
such views, Therefore, the building respects the interdependence of land values
and aesthetics to the benefit of the City
B The buildings have been designed to comply with the development standards of
the Poway General Plan and Municipal Code, and be in character with existing
development in the area, Therefore, the proposed development does not conflict
with the orderly and harmonious appearance of structures and property within the
City along with associated facilities, such as, but not limited to, signs,
landscaping, parking areas and streets,
C There are public facilities, services and utilities available No significant traffic
impacts will occur with this development. The project will otherwise conform to
all City Ordinances, Therefore, the proposed project does not detract from the
maintenance of the public health, safety and general welfare, and property
throughout the City
D The buildings are designed to be consistent in design with surrounding
development. Therefore, the proposed development respects the public
concerns for the aesthetics of developments,
E. The proposed project will meet the required design regulations and will otherwise
comply with all of the relevant codes and standards of the City of Poway
Therefore, the proposal does not have an adverse aesthetic, health, safety or
architecturally-related impact upon existing adjoining properties, or the City in
general.
F The proposed project will comply with all of the provisions of the Zoning
Ordinance and the General Plan,
. . 11131
Resolution No P-08-06
Page 4
Section4: Pursuant to Government Code Section 66020, 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 construction of public improvements
is needed as a result of the proposed development to protect the public health, safety,
and welfare as identified below'
A In accordance with the Poway General Plan, the project requires the payment of
sewer, water and traffic mitigation fees, which are assessed on a pro-rata basis,
to finance public infrastructure improvements, which promote a safe and healthy
environment
Section 5, The City Council hereby approves CUP 03-03M(2) and DR 03-04R(2), a
request to construct a 4,920~square-foot sanctuary addition and remodel approximately
2,500 square feet of the existing 4,000-square-foot Church building, located at 13940
Pomerado Road (Seventh Day Adventist Church), The existing sanctuary will contain
classrooms, offices and expanded restrooms The proposal is approved as shown on
the plans dated December 17,2007, subject to the following conditions,
A, Approval of this CUP and DR request shall apply only to the subject project and
shall not waive compliance with all 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
uses,
D The conditions of CUP 03-03M(2) and DR 03~04R(2) shall remain in effect for the
life of the subject religious facility, and shall run with the land and be binding
upon future owners, successors, heirs, and transferees of the current property
owner
E. CUP 03-03M(2) and DR 03-04R(2) may 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 been raised
during the prior year
F Prior to Grading Permit issuance, the applicant shall complete the following:
1 A grading plan for the re-development of the lot, prepared on a City of
Poway standard mylar sheet, toa scale of 1" = 20', shall be submitted with
e. . 11132
Resolution No P-08-06
Page 5
a Grading Permit application and the applicable fees, to the Development
Services Department, Engineering Division for review and approval. As a
minimum, the grading plan shall show the following:
a, The sanctuary shall be located at least five feet from the toe of the
existing slope, unless retained by a restraining wall attached to the
structure,
b Repairs to the deteriorated parking lot surfacing throughout the
property, including the portions adjacent to the existing classrooms,
and re-surfacing of the same, in accordance with PMC and Green
Book specifications, All proposed asphalt surfacing sections in the
expanded areas of the parking lot shall comply with standards of
PMC Section 12,20080
c, A separate erosion prevention and sediment control plan for
construction activities, This plan shall provide for an onsite de-
silting basin with a volume based on 3,600 cubic feet per tributary
acre drained,
d Locations of all utility improvements (existing and new), together
with their easements, No encroachments are permitted upon any
easement. If the existing SDG&E easement at the proposed
sanctuary footprint is no longer needed, evidence of easement
abandonment/vacation shall be provided to the City
e Method of water and sewer service to the new building
f Top of wall and bottom of wall elevations for proposed retaining
walls,
g, The provision of a suitable underground drainage system to permit
the safe conveyance of the runoff from the existing drainage ditch
along the westerly property line onto Pomerado Road The existing
ditch shall be cleared of all trash and vegetation growth to avoid
overflow onto the adjacent slopes, or the horse trail, during heavy
storm events,
2, A drainage study using the 100-year storm frequency criteria shall 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, Large
concentrated flows (three cubic feet per second or more) over the parking
lot surfacing and into Pomerado Road shall be avoided, and placed
underground.
3, 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.
. . 11133
Resolution No P-08-06
Page 6
4 Should the proposed grading disturb one acre or more, the project owner
shall file with the State Regional Water Quality Control Board a Notice of
Intent (NOI) 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:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
5 Should the proposed grading disturb one acre or more, the applicant's
engineer 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 (BMPs) 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 the Grading
Permit.
6, The applicant shall pay all applicable engineering plan checking, permit,
and inspection fees,
7 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 $2,000 cash security deposit is required,
8, The applicant shall attend a pre-construction meeting, at which time they
shall present an action plan that identifies measures to be implemented
during construction to address erosion, sediment, and pollutant control.
Compliance for sediment control shall be provided using the following
guidelines, as directed by the project inspector'
a, Provision of an onsite de-silting basin with a volume based on
3,600 cubic feet per tributary acre drained,
. . 11134
Resolution No P-08-06
Page 7
b Covering of all flat areas with approved mulch.
c, Installation of an earthen or gravelbag berm that retains 3 inches of
water over all disturbed areas prior to discharge, creating a de-
silting basin from the pad,
9 Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading.
10 The owner shall pay to the City a fee for a water system analysis to
evaluate the adequacy of the existing water system to support the fire
hydrant. Any water improvements required for the fire hydrant shall be
shown on separate improvement plans,and submitted to the City for
separate review and approval. If a new fire hydrant is required onsite, a
20-foot-wide public water easement for the proposed water main shall be
dedicated to the City
11 The grading plan shall demonstrate that the project complies with the
City's Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance for
construction and post-construction treatment of stormwater
G, The applicant shall obtain a Building Permit prior to construction of the new
sanctuary or the remodel of the existing sanctuary, and ,the applicant shall
comply with the following, prior to issuance of a Building Permit:
1 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 site shall be developed in accordance with the approved plan on file
in the Development Services Department (dated December 17, 2007) and
the conditions contained herein, A final inspection from the appropriate
City Departments will be required,
a, Prior to the issuance of a Building Permit the height of the building
shall be redesigned so it does not exceed 35 feet in height, to the
satisfaction of the Director of Development Services
(Engineering)
3, 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
. . 11135
Resolution No P-08-06
Page 8
4 Erosion control, including, but not limited to, de-silting basins, shall be
installed and maintained by the developer throughout construction of the
project.
5 Prior to start of any work on Pomerado Road, including driveway approach
widening, 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,
6, Prior to Building Permit issuance, the applicant shall provide evidence of
easement abandonmenUvacation from San Diego Gas and Electric
Company in reference to the proposed construction of the new sanctuary
over SDG&E's public utility easement. It shall be demonstrated that the
easement will no longer be needed,
7 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:
Sewer: 2 EDU's x $2,356 = $4,712
Traffic Mitigation: 9 trips/1 ,000 sf x 4,920 sf x $66 x 0,25 = $730,62
Park: N/A
Drainage: N/A
Water: 1 inch 1 Yz inch
Meter $ 270 $ 600
Expansion Fee $6,678 $10,388
SDCWA Capacity** $6,922 $12,978
**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, or if a larger size meter is required from those listed above
8, A separate utility plan is required showing the utilities that are to be placed
underground, The plan shall clearly show what utilities will be placed
underground, The overhead utilities that service the two parking lot lights
adjacent to Pomerado Road shall be installed underground, Additionally,
the existing wooden parking light poles will be removed, The overhead
utility line to the existing sanctuary from the pole near the cul-de-sac on
. . 11136
Resolution No P-08-06
Page 9
HalpeFRoad shall be undergrounded
(Planning)
9 The specific materials used to create the paint and texture of the new
sanctuary and existing Church remodel shall be depicted on the building
plans, The selected building and roofing materials shall match, as
closely as possible, the existing walls and roof, to the satisfaction of the
Director of Development Services,
10 Submit a Tree Removal Permit application to the Planning Division for
review and approval by the Director of Development Services, The
application shall contain a report from a qualified arborist stating why the
trees proposed for removal cannot be protected in place or transplanted,
Trees approved for removal shall be mitigated by increasing the size and
number of trees required onsite by the City of Poway Guide to Landscape
Requirements and Zoning Code, to the satisfaction of the Director of
Development Services
11, Complete landscape construction documents for new landscaping based
on preliminary landscape plans submitted December 17, 2007, shall be
submitted to and approved by the Planning Division, A landscape plan
check fee deposit of $525 is required upon submittal of the plans, Plans
shall be prepared in accordance with the City of Poway Guide to
Landscape Requirements (latest edition) and shall also incorporate the
following:
a. Within the landscape strip between the parking lot and Pomerado
Road, add more trees to provide a tree for every three parking
spaces, with an average of 30 feet on center, to the satisfaction of
the Poway Planning Division, All trees along this perimeter must be
a minimum 15-gallon size The trees shall include suggested
Pomerado Road street trees, Shrubs shall also be included in the
sloped area on Pomerado Road and shall be 5-gallon size,
b Trees shall be planted at the rate of one tree per 750 square feet of
slope area and shrubs shall be planted at the rate of one shrub per
100 square feet.
c, All slope plantings shall be installed, and an automatic irrigation
system shall be installed and op~rational at time of final inspection,
d, Mitigation per the conditions of approval of the required Tree
Removal Penmit.
e Sight distance to the satisfaction of the City's Traffic Engineer
f Location and detail of existing or proposed parking lot lighting
12, Details of any new exterior lighting shall be included on the building plans,
including fixture type and design, All new exterior lighting fixtures shall
., . 11137
Resolution No P-08-06
Page 10
be low-pressure sodium, and designed and shielded such that they reflect
light downward and away from streets and adjoining properties pursuant
to Poway Municipal Code Section 17 08,220,L. Parking lot lights shall be
on an automatic timer to ensure that they turn off after evening services
to the satisfaction of the Director of Development Services, The maximum
height of parking lot lights is 18 feet from grade
13 All roof appurtenances, including air conditioners, shall be architecturally
integrated, screened from view and sound buffered from adjacent
properties and streets to the satisfaction of the Director of Development
Services
(Building)
14 A 42-inch guardrail along the driveway/one-way drive and drop-off zone
on top of the retaining wall as shown on Architectural plans Sheet A2,01, if
elevation change exceeds 30 inches, from driveway to planter
15 An accessible path of travel may be required from the proposed addition
and remodeled building area to provide disabled access to the existing
Fellowship Hall and Kitchen, This shall be accomplished to the
satisfaction of the Director of Development Services,
H, The applicant shall comply with the following requirements to the satisfaction of
the Director of Safety Services
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
2, The building shall display the numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be six
inches on the front fa<;:ade of the building, The 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 allcweather 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 The road
surface type shall be approved by the City Engineer, pursuant to the PMC
4 The building 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 System post indicator valves with tamper
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Resolution No P-08-06
Page 11
switches,also monitored, are to be located by the City Fire Marshal prior
to installation, A breakaway padlock shall be required for the fire sprinkler
system post indicator valve
5, An automatic fire alarm system shall be installed to approved standards by
a properly licensed contractor 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.
7 Fire Department access for use of firefighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed
8, Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings,
9. Minimum 3A.40BC fire extinguisher required for every 3,000 square feet
and 75' travel distance,
10, The addition of a fire hydrant is required for this project. The City Fire
Marshal shall detennine the location of the hydrant.
11, Prior to delivery of combustible building material onsite, 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
12, Fire sprinkler riser(s) shall be located within ten (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
I Prior to obtaining a final inspection on the Building Permits and/or release of
performance and payment securities, the applicant shall comply with the
following unless other timing is indicated:
(Engineering)
1 Parking lots, driveways, drainage facilities, slope landscaping and
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Resolution No P-08-06
Page 12
protection measures, public right-of-way improvements, utilities, and water
improvements shall be constructed and completed by the property owner,
and inspected by the Engineering Inspector
2, An adequate drainage system capable of. handling and disposing all
surface water shall be provided to the satisfaction of the Engineering
Inspector
3 The developer shall, to the satisfaction of the City Engineer, repair
damages to the public improvements on Pomerado Road as a result of the
construction of this project.
4 Record drawings, signed by the engineer of work, shall be submitted to
Development Services, per Section 16,52,130B of the Grading Ordinance,
The 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,
5 The undergrounding required pursuant to Condition G 8 in Section 5 of
this Resolution shall be completed,
(Planning)
6 Landscaping, irrigation, paving, and striping shall be installed In
accordance with the approved landscape plans,
7 The parking lots shall be resurfaced and re-striped to reflect the approved
site plan layout.
8 All required parking lot light poles on the Pomerado Road frontage shall
be installed,
J Upon establishment of the expanded church facility, pursuant to CUP 03-03M(2)
and DR 03-04R(2), the following shall apply'
1 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.
2, The modification to the location of existing or addition of new parking lot
lights shall require the approval of the Director of Development Services,
3 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 PMC At no time shall equipment
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Resolution No P"08-06
Page 13
noise from any source exceed the noise standards contained in the Poway
Municipal Code, No loudspeaker sourid amplification system shall be
used to produce sounds in violation of the Noise Ordinance
4. All landscaping onsite and 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 ofthe 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
5 The parking areas, driveways and landscape areas shall be well
maintained,
6 Any signs proposed for this development shall be designed and approved
in conformance with the Poway Municipal Code ,and require the approval
of a separate Sign Permit.
7 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.
8 All activities shall occur within the building and/or courtyard immediately
adjacent to the buildings, unless otherwise approved through a Temporary
Use Permit issued by the City
9 Temporary uses pursuant to Chapter 17,26 of the Poway Municipal Code,
including, but not limited to, carnivals, outdoor arts and crafts shows, and
entertainment attractions, shall require City-approval of a Temporary Use
Permit (TUP) A TUP application should be submitted at least three
weeks prior to the event.
Section 6 Resolutions No P-04-25 for CUP 03-03/DR 03-04 and P-06-18 for CUP
03-03MIDR 03c04R are hereby rescinded,
Section 7: Pursuant to Government Code Section 66020(d)(1), the 90-day period to
protest the imposition of any fee, dedication, reservation, or other exaction described in
this Resolution begins on February 12, 2008, any such protest must be in a manner that
complies with Government Code Section 66020 In addition to the appeal requirements
pursuant to Government Code, a written appeal of this decision pursuant to the Poway
Municipal Code must also be filed
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Resolution No P-08-06
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Section 8' The approval of CUP 03-03M(2) and DR 03-04R(2) shall expire on
March 4,2010, at 5:00 p,m, unless, prior to that time, a Building Permit has been issued
and construction on the property in reliance on the CUP and DR approval has
commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 4th day of March 2008
or
ATTEST
~,b~~
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No,P-08-06, was duly adopted by the
City Council at a meeting of said City Council held on the 4th day of March 2008, and
that it was so adopted by the following vote,
AYES' BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES' NONE
ABSENT NONE
DISQUALIFIED' NONE
~~~~-
L. Diane Shea, City Clerk
City of Poway