Res P-09-02
RESOLUTION NO P-09-02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MAJOR USE PERMIT P 74-77M(5),
DEVELOPMENT REVIEW 00-27R, VARIANCE 07-07
AND RESCINDING RESOLUTION P-01-31
ASSESSOR'S PARCEL NUMBERS 275-460-26, 58 AND 314-370-36
WHEREAS, a request has been submitted by the Roman Catholic Diocese of
San Diego/St. Michael's Church, Applicant, to construct a 37,494-square-foot, two-story,
multi-purpose/performing arts building at the vacant, southerly section of the St.
Michael's Church/school campus located at 15546 Pomerado Road, within the Rural
Residential C zone. The Variance approval is requested to allow a portion of the
proposed parking lot to observe an approximate 15-foot front yard setback along
Pomerado Road, when a 40-foot setback is required; and
WHEREAS, on January 20, 2009, 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 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 biological resources,
hydrology/water quality and mandatory findings of significance All anticipated
impacts, however, can be mitigated to a level of less than significant. The City Council,
therefore, finds that all of the potential environmental concerns can be mitigated 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 (HCP), a general
biological assessment was prepared by M.J Kleinfelder Environmental Consultants,
dated May 29,2007, for the project. The project will result in the removal of 2.74 acres
of non-native grasslands and 1 19 acres of Diegan Coastal Sage Scrub habitat. The
site is located outside of the Poway HCP mitigation areas. The proposed development
plans comply with HCP Implementing Agreement policies that apply to projects outside
the mitigation areas Pursuant to the Poway HCP, the project is required to mitigate
impacts to 2.74 acres of non-native grassland areas at a 2:1 ratio due to the sensitive
species found on or near the site, and is also required to mitigate impacts to
approximately 1 19 acres of Diegan Coastal Sage Scrub at a 2.1 mitigation ratio In
accordance with the Poway HCP, the required findings for approval of the proposed
mitigation for the removal of Coastal Sage Scrub for Major Use Permit P 74-77M(5),
DR 00-27R and Variance 07-07 are as follows
Resolution No P-09-02
Page 2
A. The proposed project is outside of the Mitigation Area of the Poway HCP The
mitigation is consistent with and furthers the implementing objectives of the
Poway HCP in that the applicant will mitigate impacts to 1 19 acres of Diegan
Coastal Sage Scrub at a 2: 1 ratio and 2.74 acres of non-native grassland at a 2 1
ratio Said mitigation will be through offsite dedication and recordation of a
Biological Conservation Easement Deed preserving comparable undisturbed and
unencumbered habitat of equal or greater conservation value located within the
HCP Mitigation Area, or payment of a habitat Mitigation In-Lieu Fee at the
established rate at the time of Grading Permit issuance
B Preservation of such habitat within the Mitigation Area will contribute toward the
building of the ultimate total Mitigation Area preserve system of the HCP
Therefore, such habitat preservation will serve to enhance the long-term viability
and function of the preserve system.
C The habitat preserved through offsite dedication or payment of a Habitat
Mitigation In-Lieu Fee will be to the long-term benefit of the Poway Subarea HCP
(PSHCP) covered species and their habitats in that the recordation of a
Biological Conservation Easement Deed over undisturbed and unencumbered
habitat (see "A" above) .will promote a meaningful addition to the assembly of a
viable regional system of uninterrupted natural habitat resources, habitat
linkages, buffers, and wildlife corridor
D The preserved habitat will foster the incremental implementation of the PSHCP in
an effective and efficient manner in that the preservation of offsite conservation
area(s) will be within an identified Mitigation Area within the City, and contribute
toward assembling the total Mitigation Area preserve system
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the PSHCP, as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within permanent
Biolo9ical Conservation Easement Deeds
Section 3. The findings, in accordance with Section 1748070 of the Poway
Municipal Code, for Major Use Permit P 74-77M(5) to construct a 37,494-square-foot,
two-story, multi-purpose/performing arts building on the vacant, southerly section of the
St. Michael's Church/school campus located at 15546 Pomerado Road, within the Rural
Residential C zone, are as follows.
A. The existing church and school have occupied the site since 1961 and 1964,
respectively The approval to construct the proposed multi-purpose/performing
arts building will allow activities that are presently occurring in the existing
facilities on the St. Michael's Church/school campus The proposed multi-
purpose/performing arts building is a permitted use with the approval of a
modification to the Major Use Permit Therefore, the proposed location, size,
-
Resolution No P-09-02
Page 3
design and operating characteristics of the mu Iti-pu rpose/performing arts
building, in conjunction with the established church and school use, is in accord
with the title and purpose of Section 1748 070 of the Poway Municipal Code
B The multi-purpose/performing arts building will enhance the existing development
on the property and is appropriate as an addition to the primary church and
school use on the site, as well as being consistent with surrounding
development. The building will meet City standards for parking. Therefore, the
location, size, design, and operating characteristics of the use will be compatible
with, and will not adversely affect or be materially detrimental to, adjacent uses,
residents, buildings, structure, or natural resources.
C The proposed multi-purpose/performing arts building will comply with standards
for scale, coverage and density Therefore, the harmony in scale, bulk, coverage
and density of the project is consistent with adjacent development.
D There are adequate public facilities, services, and utilities available at the subject
site
E The project is adjacent to the existing St. Michael's Church/school on one side,
separated from the adjacent high-density residential area to the east by
Pomerado Road, bordered on the west by religious and day care facilities, and
vacant low-density residential zoned land exists south of the site The project
has been designed to be compatible in architectural style with surrounding
development and the site will be used to house activities that currently operate
on the St. Michael's church/school campus Therefore, the project will not have
a harmful effect upon the desirable neighborhood characteristics.
F The multi-purpose/performing arts building will house activities that are presently
taking place within existing church and school facilities on the St. Michael's
property The relatively modest increase in anticipated traffic generation has
been documented to result in no increase in traffic impacts Therefore, the
capacity and physical character of surrounding streets will not be impacted, and
the project is consistent with the Transportation Element of the General Plan.
G The site is suitable for the type and intensity of use and development that is
proposed in that the project site is large enough to accommodate the
development, and activities and uses that are currently being conducted within
existing church and school facilities on the St. Michael's site
H There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed project will be required to adequately
mitigate all impacts to habitat.
I There are no relevant negative impacts that cannot be mitigated
Resolution No P-09-02
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J That the potential impacts, and the proposed location, size, design, and
operating characteristics of the proposed project will not be materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan.
K. The proposed multi-purpose/performing arts building will comply with all the
applicable provisions of Chapter 1748 of the Poway Municipal Code in that the
facility has been designed and sited such that it will operate compatibly with
surrounding uses
Section 4. The findings, pursuant to Government Code Section 66020 for the public
improvements, are needed as a result of the proposed development to protect the
public health, safety, and welfare, and 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 facilities will be available to serve this project.
B 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:
1 Dedication of Pomerado Road right-of-way
2. Dedication of water easement for public water line
3 Installation of onsite fire hydrants.
C In accordance with the Poway General Plan, the project requires the payment of
traffic fees, which are assessed on a pro-rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for
the residents of the City
Section 5. The findings, in accordance with Chapter 17 52 of the Poway Municipal
Code, for DR 00-27R for the construction of a 37,494-square-foot, two-story, multi-
purpose/performing arts building at the vacant, southerly section of the St. Michael's
Church/school campus located at 15546 Pomerado Road, within the Rural Residential
C zone, are as follows.
A The multi-purpose/performing arts building will be located adjacent to the existing
church/school property and will not create a negative visual impact as viewed
from the street and neighboring properties. Proposed landscaping will soften the
building from such views The building will utilize colors and materials that will
help it blend in with the existing buildings and other surrounds Therefore, the
building respects the interdependence of land values and aesthetics to the
benefit of the City
Resolution No P-09-02
Page 5
B The multi-purpose/performing arts building is in character with existing
development in the area and will not negatively affect the views of adjacent
property owners The proposal does not otherwise affect the boundaries of the
lot or the design of the streets. Therefore, the proposed use does not conflict
with the orderly and harmonious appearance of structures and property within the
City
C There are public facilities, services and utilities available. No significant traffic
impacts will occur with this development. Therefore, the proposed project will not
affect the public health, safety and general welfare of property in the City
D The multi-purpose/performing arts building is designed to minimize impacts on
the surrounding community by being located below the ridgeline, and utilizing
building materials and colors in keeping with the existing church/school
structures and surrounding development.
E. The proposed project will meet the required design regulations, and will
otherwise comply with all relevant codes and standards of the City of Poway,
with the exception of the front yard setback variance approved through
Variance 07-07 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
Section 6. The findings, In accordance with Section 1750050 of the Poway
Municipal Code, to approve VAR 07-07 to allow a portion of the proposed parking lot
to observe an approximate 15-foot front yard setback along Pomerado Road, when a
40-foot setback is required are made as follows.
A. That there are special circumstances applicable to the property and, because of
this, the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification The special circumstance is development of the site is constrained
due to the location of slopes steeper than 10 percent along the westerly half of
the property, since General Plan requirements limit non-residential development
in such areas, thereby requiring that project development be sited only along the
easterly half of the property; and
B Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other properties in the same vicinity and
zone that are not restricted by slopes in excess of 10 percent, which limits the
location for the parking lot; and
Resolution No P-09-02
Page 6
C Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the parking lot design will not create a
hazard for surrounding properties since the setback will not decrease site
visibility at driveways, and
D 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 the parking lot location within the front yard setback allows preservation of
the hillside and reduces grading consistent with the General Plan and the intent
of the RR-C zone, and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the Zoning Code in that a parking lot and multi- purpose/
performing arts building is a permitted accessory use to a church or school within
the RR-C zone with the approval of a Conditional Use Permit; and
F Granting the Variance will be compatible with the City's General Plan because a
multi-purpose/performing arts building and parking lot are permitted as an
accessory use to a church or school use on land zoned RR-C with the approval
of a Conditional Use Permit.
Section 7. The City Council hereby approves Major Use Permit P 74-77M(5),
DR 00-27R and VAR 07-07, a proposal to construct a 37,494-square-foot, two-story,
multi-purpose/performing arts building at the vacant, southerly section of the St.
Michael's Church/school campus located at 15546 Pomerado Road, within the Rural
Residential C zone and to allow a portion of the proposed parking lot to observe an
approximate 15-foot front yard setback along Pomerado Road, when a 40-foot setback
is required subject to the following conditions
(Planning)
A Approval of this Major Use Permit (Conditional Use Permit) 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
residential uses
Resolution No P-09-02
Page 7
D The conditions of this Permit shall remain In effect for the life of the subject
church and school, and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner
E Major Use Permit P 74-77M(5) 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
F Any changes in the approved use of the building, including, but not limited to, the
number of students, the hours of operation, or the number of fixed seats that
result in an increase in required parking, will require the approval of a
modification to this Permit. Depending upon the scope of such changes, at the
discretion of the Director of Development Services, said modification may be
processed administratively or may be referred to the City Council for a public
hearing
G All construction activity on the project site, including equipment preparation, shall
be limited to the hours of 7 a.m. to 5 p.m., Monday through Saturday
H. New signage shall be in accordance with the Poway Sign Ordinance. The
necessary permits and approvals shall be obtained prior to the installation of any
signs.
I The existing sign installed on the retaining wall along the frontage of the
St. Michael's parish school is not in compliance with the Poway Sign Ordinance
and shall be removed prior to issuance of a Grading Permit.
J Prior to the issuance of a Grading Permit, the applicant shall comply with the
following
(Engineering)
1 A grading and drainage plan for the development of the lot, prepared on a
City of Poway standard D-sheet, to a scale of 1" = 20', shall be submitted,
along with a Grading Permit application and the applicable fees, to the
Development Services Engineering Division.
As a minimum, the plan shall show/include the following
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope
b Driveway approach to the development shall be with alley-type curb
returns and ADA-approved wheelchair ramps.
c. A separate erosion prevention and sediment control plan for
construction
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Page 8
d. All utilities (proposed and existing), together with their
appurtenances and associated easements Encroachments are
not permitted upon any easement. All easements must be plotted
and labeled as per the latest project title report. The applicant shall
ensure no improvements are proposed within the easements.
e. Locations of new and existing utility facilities. All new facilities shall
be approved by the City prior to their installation
f Sewer and water facilities and connections for the new structure
g. Paving of the parking lot conforming to the standards set forth in
Section 12.20 080 of the Poway Municipal Code
h. Low Impact Development (LID) measures and strategies that will
emphasize conservation and the use of onsite natural features,
combined with engineered hydrologic controls, to more closely
reflect pre-development hydrologic functions.
i. Method of roof drainage for the proposed building.
J. Protection of the proposed onsite water line, as well as the existing
offsite water main on Pomerado Road from the new storm drain
system, by compliance with the State and County guidance criteria
for the separation of water mains and non-potable pipelines.
k. Enhanced Treatment Control Best Management Practices to treat
runoff from the development prior to its passage to the existing
storm drain system.
Note The proposed CDS unit is considered to have low pollutanU
contaminant removal efficiency, in accordance with the latest
Poway Jurisdictional Urban Runoff Management Program. It
shall be demonstrated why other, more effective measures are not
feasible for use with this project, prior to approval of the CDS unit.
I. Site design and source control Best Management Practices.
m. Point of connection for the proposed 24-inch RCP on Pomerado
Road.
n. Dedication of the easterly 3 98 feet of the property along and
contiguous with the westerly right-of-way of Pomerado Road to
ensure continuity and conformance with the current right-of-way
alignment and width The applicant shall ensure the proposed
Resolution No P-09-02
Page 9
retaining wall along Pomerado Road is outside of this new
dedication.
p The following shall be provided to the satisfaction of the Traffic
Engineer.
I. Provide pedestrian signage at the proposed crosswalk on
the existing driveway north of the site
ii. Existing pedestrian ramps and driveway approaches shall be
upgraded to meet accessibility (ADA) standards along the
project frontage
III. Three new street lights shall be provided on Pomerado Road
between Casa Avenida and Via Monte Claro.
iv Two new street lights and an existing street light shall be
relocated on Pomerado Road between Via Monte Claro and
Monte Vista Road
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. Slope stability analysis shall accompany the soils report for
all cut and fill slopes over two feet in height, regardless of the slope ratio
3 A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan. The study shall address any impacts to
the offsite drainage way on the east side of Pomerado Road from the
proposed development. The drainage system shall:
a. Handle and dispose all surface water within the project site and all
surface water flowing onto the project site from adjacent lands.
Large concentrated flows across driveways and into the street will
not be permitted.
b Cause post-development flow volumes from the project site to be
equal or less than pre-development flow volumes.
c, Include all easements required to properly handle the drainage
4 Due to new parking lot construction, this project shall comply with City of
Poway Ordinance 569 for Standard Urban Storm Water Mitigation Plan
(SUSMP) regulations. Specifically, the applicant shall submit a Storm
Water Mitigation Plan/Water Quality Technical Report that identifies
primary and secondary pollutants resulting from the development that
might impair the receiving waters, establishes site design Best
Management Practices (reducing runoff), establishes source control Best
Management Practices (preventing/minimizing storm water contact with
Resolution No P-09-02
Page 10
pollutants), selects treatment control measures to address pollutants
(removing pollutants from contaminated water); and requires annual
inspection and maintenance of all storm water facilities after their
construction. A standard City of Poway SUSMP checklist shall
accompany the Water Quality Technical Report.
5 Prior to issuance of a Grading Permit, 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 that 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 a 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
6 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 water 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 SWPPP shall be certified
prior to issuance of the Grading Permit.
7 The applicant shall pay applicable engineering, plan checking, Grading
Permit, and inspection fees Plan check and inspection fees are to be
calculated based on City,approved cost estimates, using City's adopted
unit costs, prepared by the applicant's project Civil Engineer
8 Grading securities in the form of a performance bond and cash deposit, or
a letter of credit and cash deposit shall be posted with the City
9 Due to the new onsite fire hydrants and water line, the developer shall
apply with the City for a water system analysis to establish the proper size
and location of the on site public water system
Resolution No P-09-02
Page 11
10 In accordance with the water system analysis, the developer shall submit
to the City for review and approval, separate improvement plans for the
water line construction and fire hydrant installation. Separate plan
checking and inspection fees shall be paid for the water improvements.
11 The applicant shall attend a preconstruction 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 erosion control can 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.
b Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm that retains three inches of
water over all disturbed areas prior to discharge, effectively creating
a de-silting basin from the pad
12. Construction staking is to be installed by the owner 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
13 A Right-of-Way Permit shall be obtained from the Development Services
Department - Engineering Division for any work to be done in the public
right-of-way in Pomerado Road, or within any City-held easement.
14 The applicant shall obtain additional easement area from the property
owner of the adjacent property located south of the subject site (Rancho
Bernardo Community Presbyterian Church) for the portion of the southerly
access driveway to the proposed multi-purpose/performing arts building
that encroaches beyond the limits of the existing road easement.
15 The applicant shall either eliminate the northern property line of the
1406-acre parcel (currently 314-370-36) through a lot merger, or obtain
approval of a Boundary Adjustment to bring the site into compliance with
the building setback requirements of the Poway Municipal Code
Resolution No P-09-02
Page 12
(Planning)
16 Prior to Grading Permit or Administrative Clearing Permit issuance the
applicant is required to comply with the following requirements:
a. Pursuant to the Poway HCP, impacted unencumbered Coastal
Sage Scrub habitat must be mitigated at a minimum 2:1 ratio.
Project impacts to non-native grassland areas must also be
mitigated at a 2:1 replacement ratio due to the sensitive species
found on or near the site as identified by the Poway Habitat
Conservation Plan (Poway HCP). Mitigation is required as follows.
Non-native grassland.
2.74 acres of impacted non-native grassland habitat must be
mitigated at a 2.1 ratio with 548 acres of unencumbered
comparable quality offsite non-native grassland or payment of a
Habitat Mitigation In-Lieu Fee at the established rate. Presently the
rate is $10,000/acre, but will increase to $17,000/acre effective
February 4,2009
Coastal Sage Scrub
1 19 acres of impacted habitat must be mitigated at a 2: 1 ratio with
2.38 acres of unencumbered comparable quality offsite Coastal
Sage Scrub or payment of a Habitat Mitigation In-Lieu fee at the
established rate Presently the rate is $10,000/acre, but will
increase to $17,000/acre effective February 4,2009
The subject property is located outside of the Poway HCP
Mitigation Area, therefore, offsite dedication of 2.38 acres of
Coastal Sage Scrub and 548 acres of non-native grassland
habitat, of equal or greater conservation value, is required. Said
dedication shall require the applicant to place 7 86 acres of in-kind
habitat in a Biological Conservation Easement Deed. A legal
description and plat of the Biological Conservation Easement area
shall be prepared and stamped by the project engineer and
submitted to the Planning Division for review The Biological
Conservation Easement Deed shall be approved by the City
Attorney, and shall be notarized and recorded with the County of
San Diego at the cost of the applicant. In compliance with the
PSHCP, the City shall subsequently re-zone the mitigation land to
Open Space-Resource Management to ensure its permanent
preservation
b In accordance with Condition H of the Poway HCP Incidental Take
Permit, a take of active California gnatcatcher nests, which includes
harassment of the bird due to grading noise and vibrations from
Resolution No P-09-02
Page 13
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 of the Director of
Development Services
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
I. Before issuance of a Clearing/Grading Permit, 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 U S Fish and Wildlife Service
(USFWS)
II. 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.
iii. 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
IV 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
v The biologist must attend the City's preconstruction meeting
for the project and 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
Resolution No P-09-02
Page 14
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.
vi. 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
VII. The biologist shall provide the City with written confirmation
that the limits of clearing/grading are in accordance with the
project's Biological Resource Assessment.
VIII. 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
17 Pursuant to the City of Poway Guide to Landscape Requirements, all
manufactured slopes greater than a 5 1 slope and Fuel Management
Zones shall have all landscaping and irrigation installed, to the satisfaction
of the Director of Development Services and the Fire Marshal. If
construction of the multi-purpose building does not commence within
90 days of completion of the grading, all manufactured slopes greater than
a 5 1 slope shall be hydroseeded Prior to applying the hydroseed, the
applicant shall submit a landscape plan showing the type of hydroseed
mix and method of irrigation for approval by the Director of Development
Services
Resolution No P-09-02
Page 15
a. Street trees shall be provided per the above-referenced landscape
requirements, at 30 feet on center
b Landscaping for all new parking lots, per the above-referenced
landscape requirements, including a minimum of one 15-gallon-size
broad spreading evergreen tree for every three spaces, and
landscape islands between every eight to 10 parking spaces. The
parking lot shall be provided with landscaping sufficient to screen
parking areas from the street, using earthen berms, walls and/or
plantings (e g. trees and shrubs)
18 All two-way traffic aisles shall be a minimum of 25 feet wide
19 All new standard size parking spaces shall have a minimum dimension
of 18 5 feet by 8 5 feet and shall be double striped A note shall be
added on the grading plan A minimum of 524 parking spaces shall be
provided in accordance with the approved project site plan dated
December 1, 2008, and on file in the Planning Division office The project
shall provide ADA accessible parking facilities in accordance with
accessibility regulations.
K. The applicant shall obtain a Building Permit prior to construction of any building
on the site Prior to 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. 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
2. Erosion control devices, including, but not limited to, de-silting basin(s),
shall be installed and maintained by the applicant throughout construction
of the project.
3 Rough grading is to be completed, and shall meet the approval of the City
Engineering Inspector, and shall include submittal of the following
a. A certification of line and grade, prepared by the engineer of work.
b A final soil compaction report for review and approval by the City
4 Prior to delivery of combustible building materials, the onsite water system
shall be installed and satisfactorily pass all required tests
Resolution No P-09-02
Page 16
5 Applicant shall pay all required Utility Fees and Development Impact Fees
in effect at the time of issuance of a Building Permit. Currently the fees
are estimated as follows and are subject to change without notice
Water 2" (estimated)
Meter $ 1,775
City Expansion Fee $13,619
SDCWA System Capacity $22,495*
*To be paid by separate check, payable to the San Diego County Water
Authority
Note For larger size meters, contact the Engineering Division for prices.
It shall be the responsibility of the applicant to determine the correct size
of the required water meter for the project.
Sewer connection charge. $55,804*
*Based on a 34,500-square-foot building located in south poway
Sewer c1eanout fee $50 per c1eanout
Sewer cleanout inspection fee $25 per c1eanout
Drainage. $1 ,570/acre of development
Traffic Mitigation. $114,78150*
*Based on a 34,500-square-foot building located in south Poway
6 No private improvements shall be placed or constructed within public
street rights-of-way or City easements unless the following are satisfied
a. An encroachment maintenance and removal agreement has been
executed by the developer/owner and subsequently approved by
the City; or
b Approval of grading or improvement plans, on which a Right-of-
Way Permit has been issued for the private improvements to be
constructed. The City, however, reserves the right to require the
execution of an Encroachment Maintenance and Removal
Agreement.
7 All new onsite utilities shall be installed underground prior to occupancy
However, the applicant shall make the necessary arrangements with each
of the serving utilities as grading operations are underway, and coordinate
meetings with the utility companies for details of the undergrounding work
prior to issuance of a Building Permit.
Resolution No P-09-02
Page 17
8 The site shall be developed in accordance with the approved plans dated
December 1, 2008, on file in the Development Services Department and
the conditions contained herein. 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
9 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, including, but not
limited to, the 1997 UBC and the CCR Title 24
10 Building Permit plans shall show the proposed colors, texture and type of
the exterior building materials for the multi"purpose/performing arts
building. The materials and colors shall be consistent with the approved
colors on file in the Planning Division.
11 All entrances shall provide disabled person access to the satisfaction of
the Building Division.
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 be low-pressure sodium and designed such that they reflect light
downward, and away from streets and adjoining properties. The
maximum height parking lot lights shall not exceed 18 feet above grade
13 The maximum height of any fence, wall or any combination thereof shall
not exceed six feet in height. Within the front yard setback area along the
Pomerado Road frontage, the maximum height of any solid wall or
fencing, not used for retaining purposes shall not exceed four feet.
14 The steeple and cross structural element of the multi-purpose building
shall not exceed 54 5 feet in height. The structure shall not be lighted
L. The following requirements shall be completed to the satisfaction of the Director
of Safety Services
1 Roof covering shall be fire retardant as per CBC Section 1505, and City of
Poway Ordinance No 64 and its amended Ordinance No 526
2. The building shall display its numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches
on the front fac;;ade 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
Resolution No P-09-02
Page 18
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 This 20-foot
access width is the minimum required for Fire Department emergency
access In most cases, City Engineering standards will be more
restricting. The more restrictive standard shall apply The Fire Chief,
pursuant to the Poway Municipal Code (PMC), shall approve the road
surface type
4 An approved fire sprinkler system meeting PMC requirements will be
required to be installed The entire system is to be monitored by a central
monitoring company Double 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. The Fire Sprinkler design submittal shall be a separate submittal
to the Fire Department.
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 hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. Plans are to be submitted and approved,
prior to installation.
7 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
8 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
9 Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
10 A minimum 2A.10BC fire extinguisher is required for every 3,000 square
feet and 75' travel distance
11 The addition of onsite fire hydrants is required The City Fire Marshal
shall determine the location of the hydrants
Resolution No P-09-02
Page 19
12. Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building
13 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
14 Fire sprinkler riser(s) shall be located inside an enclosed closet with an
exterior access man door Door shall be labeled with a sign indicating
"Fire Sprinkler Riser" Applicant shall provide 36 inches of clearance from
the standpipe or attached additional risers, accessible by a 3'-0" man
door
15 Applicant shall provide for 100' of fire fuel management as part of the
landscape design submittal. Fuel management design and installation
shall comply with Section 6 of the Guide to Landscape Requirements.
M. Compliance with the following conditions is required prior to issuance of
Certificate of Occupancy.
(Engineering)
1 The applicant shall cause the dedication of a minimum of 20 OO-foot-wide
water easement to the City for the new onsite public water line being
proposed The applicant shall also cause the dedication of the property
for additional right-of-way for Pomerado Road, as stated above A
processing fee of $74500 shall be paid to the City at first submittal of
each dedication document for review
2. Driveway improvements, parking lot construction, water improvements,
storm drain facilities, slope landscaping and protection measures, and all
utilities shall be constructed, and completed by the developer, and
inspected by the Engineering Inspector for approval.
3 Any existing utilities within the project, with the exception of transformers,
cabinets, or pedestals, shall be placed underground This includes both
distribution lines and individual property service lines, and the removal of
any poles no longer needed
4 An adequate drainage system around the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector
Resolution No P-09-02
Page 20
5 The developer shall repair, to the satisfaction of the City Engineer, any
and all damages to public road improvements on Pomerado Road, caused
by construction activity from this project.
6 Record drawings for the grading, as well as water improvements, signed
by the engineer of work, shall be submitted to the Engineering Division
prior to a request of occupancy, per Section 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.
7 Securities posted for the project shall be released upon completion of the
following:
a. Dedication of all easements to the City
b Submittal of a SUSMP agreement for maintenance, repair and
operation of storm water Best Management Practices facilities. An
Operation and Maintenance plan shall be submitted with the
agreement.
8 The site shall be developed in accordance with the approved plan on file
in the Planning Division for Major Use Permit P74-77M(5), DR 00-27R and
VAR 07-07 A final inspection from all the appropriate City Departments
will be required and approval for occupancy obtained
9 Site landscaping and irrigation shall be installed per the approved project
Landscape/Brush Management Plan.
N The following performance standards shall apply to the church/school facility,
including the use of the multi-purpose building upon establishment of its use
1 The use of the church and school shall be limited to educational and
religious activities, along with related accessory uses.
2. The activities of the church and school shall not occur in such a manner
as to create adverse impacts on the circulation and parking on
surrounding public streets The assembly areas of the church sanctuary
and the hall/auditorium area of the multi-purpose/performing arts building
shall not be used for assembly purposes at the same time
3 The facility shall be operated in such a manner as to minimize any
possible disruption caused by noise, and shall comply with noise
standards contained in Chapter 8 08 of the Poway Municipal Code. At
no time shall equipment noise from any source or any loudspeaker sound
Resolution No P-09-02
Page 21
amplification system exceed the noise standards contained in the Poway
Municipal Code
4 In addition to the Temporary Use Permit requirements contained in
Chapter 17.26 of the Poway Municipal Code, any temporary outdoor
special event not accessory to the church/school use, as determined by
the Director of Development Services, shall require the approval of a
Temporary Use Permit by the City
5 All lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any adjoining
properties.
6 The parking areas and driveway shall be well maintained.
7 All landscaping shall be adequately irrigated and well maintained at all
times in accordance with the City of Po way Guide to Landscape
Requirements.
8 The owner or operator of the facilities shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this Permit.
9 The maximum number of students enrolled at St. Michael's School at any
given time shall not exceed 540
Section 7 Resolution No P-01-31 approving Major Use Permit P 74-77M(4) and
DR 00-27 are hereby rescinded
Section 8 The approval of Major Use Permit P 74-77M(5), Development Review
00-27R and Variance 07-07 shall expire on January 20, 2011 , 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 Permit approval has commenced prior to its expiration.
Resolution No P-09-02
Page 22
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 20th day of January 2009
~::o~
ATTEST
~
=---
. Troyan, MMC, City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No P-09-02, was duly adopted by the
City Council at a meeting of said City Council held on the 20th day of January 2009, and
that it was so adopted by the following vote
AYES BOYACK, CUNNINGHAM, HIGGINSON, REXFORD
NOES NONE
ABSENT CAFAGNA
ABSTAIN: CUNNINGHAM
"'"
n A. Troyan, MMC, City Clerk
C y of Poway