Covenant Regarding Real Property 2001-0410318
-
.1... .";
,.\:.".:~'~' ,. ,
~g
~0P
'1. ; I:.i
, .Q}P
J
.
DOG . 2001....0410318
/
RECORDING,REQUEST BY: )
)
CITY OF POWAY )
)
VYHEN:R.EOORDED'MAIL TO: )
)
CITY CLERK )
CITYOFPOWAY )
P O,BOX 789 )
POWAY CA 92074-0789 )
)
No Transfer Tax DOe )
H
JUN 19. 2001 9:16
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE.
GREGI:RV 'J. sMITH, COUNTV RECORDER
FEES: 79.00
AM
50ts
-IIIIIIIIIIIIIIIIIIIIIIIIIII~/IIIIIIIIIIIIIIIIIIIIIII~II ~IIIIIIIIIII-
2001-0410318
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Dattaram and Gloria VValavalkar, PROPERTY OWNERS ("OWNERS"
hereinafter) are-the owners ofreal property described in Exhibit A which is attached
hereto and made a parthereofand which is commonly'known as Assessor's Parcel
Numbers: 317-520-13,14, 28,and35 ("PROPERTY" hereinafter). In consid,erati6n of
the approval of CUP 98-0.5MIDR 01-01 by the City of Po Way ("CITY" hereinafter),
OWNERS hereby agree;to abide by conditions of the attached Resolution (Exhibit B).
This Covenantshall run with'the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, succe.ssors, heirs, personal
representatives, transferees and assigns of the respective parties.
I~the event that CUP 98"05M/DR 01-01 expires or is rescinded by City Council
atthe reques}'of the OWNERS, CITY shall expunge this Covenant from the record title
of the PROPERTY
In the ever:1tof litigation to enforce the provisions otthis Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, in'c1uding reasonable attorneys'
fees, from the other party
OWNERS.
Dated !;r I;' - 0 1
By~\jC'\.4-h_Sl"'",,^, CA ll\)jcwJ",-
Dattaram wat aval kar (Notarize)
BY~~~~~ ~~"l<-'~~!\ )
r . w~ va.1 a (NotariZe)
Dated ~- \~ '- 0\
CITY OF POWAY
Dated: S-:)/.j JOt
BY'4ff~~
Niall Fritz, irector 0 evelopment Services
~~b~j_\ 1:0 r~
~r6bt:1'="I'1~ ".;203 '08
Ol-IOK
"
.
,5016
.
CALlFORNIAALL,PURPOSE ACKNOWLEDGMENT
'}C-=- ~';';:':"'-'-" --",.,,---'- ,--,"-' . -i&<'~~~-c<'..,(](:'d:',(]{:',C()C('~.(XAX.c<:-~IC<'...c<'~"c<:-,c<x:x..:c<:-...cc-:-
State of California
County of SAr\ \J, e~ 0
On ~une \~,~aDI, before me,
Date
personally appeared
Cb.. fura IY\
~;;:---------i
@'.HERRIED.WORRB..I:.'....
Commission # 122D13
~, Notay Public" Cafifanla I
J San D"'90 CoiJn1y f
-' _ _ _Mf_~m~~~~":~
Place Notary Seal Above
~(\<"
~
I
} ss.
Arlo-l
o personally known to me
l'Q' proved to me on the basis of satisfactory
evidence
to be the person@ whose name(ij) is/@
subscribed to the with~'n instr ent and
acknowledged.to me that executed
the same in higfher ' authorized
capacity~ and that by h~r
signature@Jon the instrument the persor@,or
the entity upon behalf of which the person(~
acted, executed ,the instrument.
WITNESS my hand and official seal.
" 1A01LJ.}~
Sign,ature afNotary Public
OPTIONAL
Though the information below is nqt req'uired by law, it mav prove vall.!abfe to, persons relying on the document
and could prevent fraudulent removal and reattachment of this, form to another document.
I
I
~
Description of-Attached D~ument
Title or Type of Document: L~Jj}r/(Vk l'
Documenl Date: ~ l~, dOD
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signe(s Name:
o Individual
o Corporate Officer,- Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
D Guardian or Conservator
o Other'
6
~aQ ~(~^t
Number of Pages:
Top of thumb here,
I Signer Is Representing:
I
I
,:<:;;_ ~'C(;,.'C<;.-'C<;.-"C(;.x.::<,:.~xx.;..'G<;.~~~~'g<,;.'Q<;.'9;;.'G(,;,~'G(,;,'G<.;.~'G(,;,"C(;.'G(;..xx.;..'q,;.'9(.~%~
,ex,
Cl1899 NatIonal Notary Association' 9350 De Soto Ave PO Bux 2402 . Chatsworth. CA 91313.2402' wwwnationalnotary.org
Prod. No. 5907
Rearder:CaIITolI-Free 1-800-876-6827
~
'OY , ~
.'
qo\1
~
\
>....... ----~
. Order No 9B154147-A
EXHIBIT' A
Parcel 1
All that. portion of .the North Half of the Northwest.'Quarter of the Southwest QuartEr of
Section 14. Township 14 South, Range 2 West, San Bernardino rvleridian, in the City of
Poway, County of San Diego. State of California, according to the Official Plat thereof
Beginning at the NortheasLcOrner of land conveyed to Pomerado Union School District by
Deed dated May 1. 1924. and recorded in Book 751, P.age' 38101 Deeds, said corner' being
a,.point on the East line .of the Nor,th Half of the Northwest-Quarter of the.-Southwest
Quarter of said Section 14,!dis'tant thereon 310 00 feet Northerly from the Southeast
corner of said 'North Half;'thence from said Point of Beginning, 'Westerly along the
Northerly line of said School District land and along ihe Westerly prolongation of said
Northerly line, 590 00 feet; thence Northerly parallel with the Easterly line of the
Northwest Quarter of the,So.uthwest Quarter of Section 14, a distance of 175 OO,feet;
thence Easte(ly parallel wifh"the 'Northerly line of the .!,!orihwest Quarter of the Southwest
Ouarter of said Section 1'4 to the'Easterly line of the Northwest Quarter of the Southwest
Ouarter of said Section 14, thence Southerly along said Easterly line, 175 00 feer, more or
less. to the Point of Beginning,
Excepting therefrom the Westerly 363.00 feet.
Also Excepting that podion lying Easterly of the Westerly line of the land described in peed
to the County of San Diego recorded November 16, 1981 as Recorder's File No_ 360723
of Official Records'. being th"t portion lying Easterly of a line that is parallel with and
35 00 feet Westerly of a line described as follows:
Beginning at the interseCtion of Poway Road. Road Survey 1013, and Pomerado Road,
Road Survey 1859-2, said 'R<qad Survey on file in the Offic_e. of the County Engineer of said
County, said' intersecticln' having coordinates North 286 6 Y9 64 and East 1,751,015 65';n
terms ohhe California Goordinate System, Zone 6, thence along the center line of said
Pomerado Road with bearing and distances in terms oLsaid Coordinates System, North
000.47'22" East. 1829.58 feet.
Parcel 2.
That portion of the North Halfcif the Northwest Qt:Jarter of the Southwest Quarter of
Section 14, Township 14 South, Range 2 West. San Bernardino Meridian, in the County of
San Diego, State of California, according to Official Plat thereof, described as follows:
Beginning at the Northeast corner of the land conveyed to Lorraine A. Young by Deed
recorded February 13, 1957" ili Book 6488, Page 263'of Official Records, said corner
being 'a point on the East line of said North Half of tl1e 'Northwest Ouarter of the Southwest
Ouartero'f said Section 14,distant thereon 485 00 feet, more or less, Northerly from the
Southeast corner,'.of said North Half, thence from s,nd'Point of Beginning, Westerly along
Hie Northerly-:!ine of said Young's Land to the North""est corner thereof, being a point in
the boundary,of"the land conveyed to Beverly Ward Rimbach, by Deed recorded August
13, 1"957 in"Book6825"Page 254 of Official Records; thence Northerly along said
boundary oi Rimbach's Land to the Northerly line of said Nor.thwest Quarter of the
Southwest Ot:Jarter; thence Easterly along said Northerlyli'ne of said Northwest Quarter of
th'e Southwest, Quarter to the Northeast corner thereof; th'ence Southerly along the East
line of said Northwest Quarter of the Southwest Quarter to the Point of Beginning.
Excepting therefrom the West,472,OO feet thereof
Also Excepting therefrom that portion thereof as conveyed"to .the County of San Diego. by
2
:t>,
~ct
----
.
Order No; 98154147 - A
Deed recorded May 5~ 1980 as File No 80-14966.0 ofOificial Recordslying Easterly of a
line th-at is parallel with..and 35 00 feet Westerly of a line described as follows: -
B,eginilihg,at t~e illte.rsedion Of Poway Road. Roag Survey No 101..3. and POmerado Road.
,$qad ::;urvey No.. 1'859-2, said Road Surveys on flle,in the Office of the County Engineer of
said County; said intersection having coordinates North 286 619 64 and East
1 i5,1 015 65 in terms of California Coordinates System, Zone 6, thence along the center
line Of. said Pomerado Road with bearings and distances in terms of said, Coordinate
System ~:lcirth 00047'22" East, 1829 58 feet;. thence ~JorthOOo07'46" East 2658 36 feet;
thence North 00049'48" East 3505.34 feet; thence North 01018'08" East, 1918 90 feet;
thence ,North 01003'50" East, 955 47 feet to the beginning of a tangent 1700 foot radius
curve, concave Easterly; thence Northerly along the arc of said curv'e through a central
angle of 440 25'03"a dist'ance of 1317 89 feet; thence tangent to said Curve North
45028' 53" East, 198 39'feet to the beginning of a tangent 2000 OO.foot radius curve,
concave Westerly; thence Northerly along the arc of said curve through a central angle of
40016' 34" a tjistance of 1405:.90 feet; thence tangent to; said curve North 05012' 19'"
East. 792,94 feet to the beginning of a tangent 3000 00 foot radius curve, concave
Westerly; thence Northerly along the arc of said curve through a central angle of' 3 004' 38"
a distance of 161 12 .feet; thence tangent to said curve North ,02 0 07' 43" East, 1953 '09
feet; thence North 01023'41 ';:East; 608.10 feet to the b,eginning of.a tangent 3000.00
foor radius curve, concave, Westerly; thence Northerlyalong'the 'arc of said curve through
a central angle,of 0026~29" a distance .of 441 99 feet; thence tangent to said' curve North
7002'46" West, 404 35 feet to the beginning of a tangent 2500 00 foot radius curve,
concave Easterly; thence Northerly along,the arc of said curve t'hro_ugh ~ central angle of
9042'20" more or less a distance of 42348 feet more or.!ess to a point in the Rancho San
Bernardo boundarv line said point having coordinates North 304 825 49 and East
1 752.479 69said point being the Point of Terminus.
Parcel 3
The Easterly 118 00 feetof the Westerly 472.00 feet of that portion of the NOrth..Half of.
the Northwest Quarter of the:Southwest Quarter of SectiOn 14, Township 14 South.
Range 2 West, San Bernardino Base and Meridian, in the the City"of Poway, County of San
Diego, State of California, according to Official Plat thereof, described as follows:
Beginning at the Northeast, corner of land conveyed to Lorraine A. Young by Deed. dated
February 13, 1957 and recorded in Book 6488, Page 263 of Official Records, said co'rner
being a point on the East line of said North Half of the Northwest Quarter of the Southwest
Quarter of said Section 14, distant thereon 485 00 feet. more or. less, Northerly fro"m the
Southeast corner. of said North l'1alf; thence from said Poiot o'(Beginning Westerly along
the Northerly line of said Young:s Land to the Northwest,carner thereof, being a point in
the boundary of land conveyed to Beverly Ward Rimbachby Deed dated August 13, 1957
and recorded in Book 6825, Page 254 of Official Records; thence Northerly along saiil
boundary of Rimbach's land to the Northerly line of said Northwest'Quarter of the
Southwest,;Quarter; thence 'Easterly along said Northerly line of said No'rthwest Quarter of
the Southwest Quarter to the Northeast corner thereof; thence Scutherly along the East
line of said Northwest Quarter of the Southwest Quarter. to the Point of Beginning
Parcel 4
The Easterly 173 00 feet of the Westerly 363 00 fe.",t of that portion of the North Half of
the NorthwestOuarter of the Southwest ,Quarter Of Section 14, Township 14 South,
Range 2 West, San Bernardino Base and Meridian, in the County of San Diego, State of
California, according to United States Government Survey thereof, described as follows:
Beginning at the roJortheast corner of land conve'yedto Pomerado Union School District by
Deed dated May 1, 1924 and recorded in Book 751 ,Page 381 .of Deeds, said corner being
a point on the East line ofthe North Half of the ~Jorthw'est Quarter of the Southwest
Quarter of said Section 14, distant thereon 310 00 feet Northerly from the Southeast
3
~' ;...
.
~
'5019
.0' 5
'rder No, 98., 4147 - A
corner oi"s.ald'"Nor,t~ Half; thence from said Point of Beginning Westeriy alol')g tl1eNortherly
line of said School District land and along the Westerly prolongation'of said Northerly line
~90 00 feet: tt:Hince North~riy parallel with the'Eas:tei)y line 01 the NorthwestOuarter of
the Southwest Quarter, o!"Section 14, a distancemf '175:ciOfeet;'thence Easterly parallel
with the No1therly line of'the Northwest Quarter Of the 'Southwest CiLi'arter (if said Section
14 to the Ea'stE>rlyJiii'e of the Northwest Ou'arter of th"eSouthw'est Quarter of said Section
14, thence Southerly along said Easterly line 17500 feet, more or fess, to the Point of
Beginning,
Assessor's Parcel No. 3,17-520'35,28, 14, 13
4
.
EXHIBIT B
fi020
RESOLUTION. NQ P- 01-26
A RESOLUTION OF THECIJY COLJNCIL
OFTHE CITY OF POWAy, CALlFORNIA.A;PPROVING
A MODIFICATION TO CONDITIONAL USE PERMIT 98-05,
A DE:YELOPMENT REVIEW 01-01, AND
RESCINDING RESOLUTION NO P-99-03
ASSESSOR'S PARCEL NUMBERS 317-520-13,14,28, AND 35
WHEREAS, on January 12, 1999, the City of Poway City Council approved
Conditional Use Permit 98"05 !o operate a day care center'for up to 40 studehts from
infants to 12 years old within a2;200-square-foot house)ocatedat13242 Pomerado Road,
a 2.3-acre site, within the RS-4 zone pursuant to Resolution No P-99-03; and
WHEREAS, a modification to Conditional Use Permit 98-05 and Development
Review .01-0.1 were submitted by Dattaram Walavalkar to all()w the increase of the existing
enrollr:nent capacityfrom40 students to 170 students, the construction of a12,000-sqlfare-
foot classroom facility including ,a kitchen facility and multi-purpose room, and the, use of
the multi"purpose room for recreational instruction, parties,and community events,outsiae
regular pre-school hours ihconjunction with an existing legally established day care facility
use located at 13242 Pomerado Road within the RS-4,zone,pursuant to Resolution No P-
99-03, and
WHEREAS, on May 15,2001, the City Council heldaduly advertised publicheadng
to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1 The City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated f\i1itigation Monitoring Program
shown as Exhibit A of this r~solution for the Conditional Use Permit 98-05M/DR 01c01
project and public comments received on the EIS and MND The subject EIS and MND
documentation is fully incorporated herein by this reference. The City Council finds thatthe
mitigation measures contained in the EIS, and Exhibit A hereof Will mitigate potentially
significahfimpact to.a less than significant levei and hereby approves the MND and the
associated'Mitigation Monitoring Program attached to this Resolution as Exhibit A.
Section 2. The findings, in accordance with.'Section '1748.070 of the Poway Municipal
Code for the modification to Conditional Use Permit 98-05 to increase the existing student
enrollment capacity to.170 students, the construction ofa classroom facility,.andthe use of
the multi-purposeroom for private recreational facility outside regular pre-school hours in
conjunction with an existing day care facility use located at 13242 Pomerado Road within
the RS-4 zone, ,are made as follows:
A. The existing day care faciiity has occupied the site since 1999 and the modification
to increase the student enrollment capacity. and allow private recreational use of the
multi-purpose room after preschool hours are complementary to the residential
.
,5.1
Resolution No. P-01-26
Page.2
neighb6rh_oog. T~e,sizE!.and design oftlie neWqlas~roolTl facility is appropriate for
the'use and location and is a permitted use:in the RS-4 zone, with.the approval of
modification to the Conditional Use Permit. Therefore, the proposed location,size,
design and operating characteristics of the preschool use are appropriate to the
purpose of the zone in which the site is located, the City's General Plan, and the
development policies and standards of thecCity
B Thenewclassroom facility will enhance the existing,developmentcon the property
and is appropriate fonhe'site'aswell as being consistent or superiorto surrounding
development. Thefacilitywill meet City of Poway standards for parking. Therefore,
the location, size, design,and operating characteristics ofthe proposed use will be
compatible with and will notadversely affect or be materially detrimental to adjacent
uses, residents, buildings, structures, or natural :resources.
C The classroom facility is,one story and measures approximately 21 feet in height
similar to the scale of the existing neighboring residential development. The
classroom facility will meet or exceed standards for scale, coverage arid density
Therefore, the harmony in scale, bulk, coverage and density of the project is
consistent with adjacent uses.
I
D There are public facilities, services and utilities 'available to the site.
E. The classroom facility will be located in thE! cent~rofthe northerly portion of the 1.9.
, acre property and will bE! screened from the adjacent residential property by a six~
foot high wall and proposed lahdscaping. Recreational use ofthe facility would be
limited to indoor activities. The existing ahd proposed classroom building Will utilize
the simUaf colors ahd hiaterials. Therefore, there will be no harmful effect upon
desirable neighborhood characteristics.
F The classroom facility is bound by three streets including Pomerado Road, a major
arterial. The increased traffic as a result of the increase in student enrollmentwill
be insignificant given the existing traffic volumes and flows in the area. Driyeway
improvements and widening of Rimbach Road hear the intersection will provide
improved access to the preschool site. Theretore, the capacity and physical
character of surrounding streetS will notbe impacted and the project is consistent
with the Circulation Element of the General Pian.
G The preschool and private recreational use are allowable in the zone, and are
located. on a major arterial and willadasa.transitiontothe residential development
to the east. Therefore, the site is suitable'fbr proposed building and uses.
H. The:use invoives no hazardous materials or processes. Although approximately 28
trees will be removed, the tree loss will bewffsetby planting approximately 40 new
treE!s'on site. None of the trees to be removed are heritage trees. Therefore, there
.
5022
.
Resolution No p" 01"26
Page 3
Will not be~igl1ificillit 'harmful effects upon envirohmental quality and natural
resCl.LJrces"
I.. There are no other relevant negative impacts of the proposed use that cannot be
mitigated.
J The impacts, as described above, and the proposed location, size, design and
operating characteristics of'the proposed use and. the conditions under which it
would,be,operatedormain'tained will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in thevicinity'norbe
contrary to theadopted'General Plan; and
K. That the proposed conditional use will comply with each of the applicable provisions
of'Section 1748.070 ofthePoway Municipal Code.
Section 3. The findings,jnaccordance with Section 17.52.ofthe Poway MunicipaLCode
for Development Review (),1-01 to construct a building for classes and meetings aH"3242
Pomerado Road in the RS-4 zone, are made as follows:
A. The classroom facility will be built on a previously disturbed site thatis currently
vacant. The approximately;28 trees to be removed are,not heritage trees ana Will
be replaced by approximately 40 trees to be planted alOng streets, property'lines
and within parking areas. Therefore, the project respects the interdependence:of
land values and aesihetics to the benefit of the City
B The classroom building is in,characterwith existing development in the area:and will
not negativelyaffectthe views of adjacent property owners. The project Willpfovide
decorative fencing and lahdscaping along streets. Therefore, the proposed use
does not conflict With ihe 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. The increase in traffic will
be insignificant given existing traffic volumes'andfloWs in the area. The project will
exceed the, requirement for 56 parkin9spaces by 6.spaces to accommodate the
additional students and teaching staff 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 building is designed to minimize impacts on the surrounding community by
beinglocated away from the street and adjacent properties and maintainin9a profile
simiiar to neighboringresidential development. The existing building will be painted
to match the colors of the new classroom facility A six"foot high decorative block
wall, and landscaping will screen the neW building from view from neighboring
.
5"02.3
.
!i
.Resolution No. P-01-26
Page 4
.resiaential homes, Decorative walls and landscaping will be placed along
Pomerado Road. The proposed develqpmentrespects the public concerns for the
aesthetics of developments.
E. The proposed project will meetthe required design regulations and will otherwise
comply with ail 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.
Section 4. PursuanUo Government Code Section 66020, the public improvements for
this Modification to Conditional' Use Permit 98-05 and Development Review 01-01 are
made as follows:
A. The desigh and improvements of the proposed developmentare consistentwithall
elements of the Poway General Plan, as well as City otalnances. because all
necessary services and facilities are available,to serve this project. The payinentof
sewer, water, drainage;. and traffic fees is [leeded as a' result of the proposed
development to protect the public health, safety and welfare as identified below:
t. The applicant will pay sewer, water, drain?ge, and traffic fees, which are
assessed ona pro"rata' basis to finahce and provide public infrastructure
improvements, which promote a safe and healthy environment for the resiaents
of the,City
Section 5. Resolution No, P"99-03 is rescinded.
Section 6: The City Council hereby approves' a modification to Conditional Use Permit
98-05 and Development Review 'Permit 01-01 to allow the increase of the existing
enrollment capacity from 40 ,students to 170 students"the.construction of a 12,000-square-
foot classroom facility, including a kitchen facility and multi-purpose room, and the use of
the mL:Jlti"purpose roomJor recreational instruction, parties and community events outside
regular pre-school hours.imconjunctionwith'an existing legally established day care facility
located within,a 2,200"square-footbuilding at 13242 Pomerado Rda Withinthe RS-4 zone,
as shown on the plans dated February 26, 2001, subject to the folloWing conditions:
A. Approval of this Conditional Use Permit reqLJest shall ,apply to the subject project
and shall not waive compliance with a,IJ sections ofthe Zoning Ordinance and all
other applicable City ordinancesnri effect'at the time of building permit issuance.
.
5024
.
Resolution No P- 01-26
Page 5
B. Within 30:days(ofthe date of this approval:
1 Ttleiapplicantshailsubmit in writing that all conditions of approval have been
read and understood.
2. The property owr:.ers shall execute a 80venant on Real Property
3 The applicant shall apply fora Letter of Availability (LOA) to reserve sewer
availability for 62 EDl!'sand make a PClYl1lentto the City, a nonrefuhdab1e.
reservation fee of$2;921 44"which is equal to 20% ofthe appropriate sewer
connection fee of $11,685,76 ir;J effect C)t the time the LOA is iss,ued.
Balanceofthe.sewerfee, in the amountJof $11,685.76, shall be paid prior to
building permit issuance. The number'of'EDU's was calculated based on a
net increase of130 students (170 - 40 per original CUP 98-05). Should the
total number offixture units in all buildings to be built generate more\sewer
EDU's than that calculated from number of students, the sewer connection
fee shall be adjusted accordingly
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 this CUP shall remain in effect,for the life of the subject private
school and shall run with the land and be binding: upon future owners, successors,
heirs, and transferees ofthecurrent property owner
E. Conditional Use Permit98-05 may be subject to annual review as determined,.bythe
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 Any changes inthe approved use of the building, including but not limited to the
hours of operation,iancf number of students and recreational use that result in all
increase in required parking will require the approval of a modification to this
Conditional Use Permit. Depending upon the 'scope .of such changes, at the
discretion of the Girector of Development Services, said modification may be
processed administratively or may be referred to the City Council for a public
hearing.
G Prior to issuance of a building permit the'applicant shall,obtain approval ofa grading
permit. Compliance with the following conditions is required prior to issuance of the
grading permit unless other timing is indicated:
1 The applicanUdeveloper shall submit precise grading plans, permit
application/s, plan checking/inspection fees, geotechnical report and
geotechnical review fees to the Development Serliices Department.
.
5025
.
Resolution No. p- 01-'26
Page 6
2. The precise grading plans shall include, private .road improvements as
follows:
a.. The precise grading and improvement plans sh.all include 'the private
road improvements to Rimbach Road. Rimbach Road shall be
improved along the property's southerly boundary to a minimum
24.00-foot At-paved roadway at its easterly ehd at Pomerado Road
and transitioned to a minimum of 20.00-foot roadway atornear the
westerly end of:the property The,minimum structural section shall
meeUhe requirements of the City's non-dedicated rural locai street
standards per Sections 12.20.110 and 12.20 120 of the Poway
Municipal Code.
b Since access to the site will be provided from Rimbach Road, a
relinquishment of access tights document shall be prepared and
subsequently executed by the prOperty owner'for recordatioh irr the
office of the San Diego County Recorder A proce.ssing fee of
$1,000;00 shall be'paid to the City If access to'and from Leona Lahe
is t6be utilized, a modification 1.0 this CUP shall be reviewed and
approved by the City prior to construction of any improvements. Ifthe
modification is approved then private road improvements shall also,be
shown on the precise grading and improvement plans and such
improvements shall be constructed. Leona Lane, if utilized for access
to and from the project site, shall be:improvedto City's non-dedicated
rural locaL street standards per Sections,.12.20 110 and 12.20 120 of
the PowayMunicipal Code. Should applicant/developer cnoose:not to
use Leona Lane for access, then access rights shall be relinquished
to the City.
3. Grading ofthe projectshall be in substantial conformance with the,approved
development plan and in accordance with the Uniform Building Code, City
Grading Ordinance, and City Storm Water Management and Discharge
Control Ordinance.
4 .AII driveways shall have alley type returns.
5. Erosion control, including but not limited to .desiltation basins, shall be
installed and maintained from October 15th to April 15th. An erosion control
plan:shall be prepared by the project civil engineer and. shall be submitted as
part of the grading plan. The applicant/developer shall make provisions to
insure proper maintenance of all erosion control devices.
6 Submittal of soils report for review and approval.
.
5026
.
Resolution No. P~1-26
Page 7
7. PaymeotQfgrading and right-ofoWay'p'ermlts, plan checking, inspection, and
geotechnical fees. The gradingpermitfee shall be paid at the first submittal
of grading plans.
8 Submittal;and/or payment of grading securities. Securities must be approved
by the City Attorney
9 Paving of the parking lot shall conform to the standards set forth in Section
12.20.080 of thePoway Municipal Code.
10 A drainage system capable of handling and disposing of all surface water
originatingwithfn tlie development and all surface water that may flow onto
the deveiopment from/adjacent lands'shallbe constructed.
11" Thestormwater'pollution prevention plan (SWPPP) shall be made a part of
the precise grading. plans, The SWPPP shall provide the ,erosion,
sedimentation and pollution control measurestb be used during construction.
12. The applicant sh~1I sLibmit a request to hold apreconstructiorimeetingwitha
City Engineering Inspector The applicant is responsible thaHhe'necessC!ry
individuals,such as but not limited to, contractors, subcontractors, the project
engineer and project soils engineer attend the preconstruction meeting.
13 A right-of-way permit shall be obtainedJromtheEngineering Division:tor any
work to be done in the public right-ofcway or City held easements.
14 The following improvements shall be provided to the satisfaction of the
Director of Safety Services:
a. The addition of afire hydrant'along Pomeradb Road is required. The
location of the hydrant shall be determined by the City Fire Marshal.
15 The fbllowillg improvements shall be provided to the satisfactioh of the
Director of Public Works:
a. A concrete pad shall be ihstalled around the existing fire hydrant on
Pomerado Road
b The grading plan shall shoW post indicator valve (PIV) and Fire
Department Connection (FDC) along Pomerado Road.
c. Connect new Fire Hydrant and FDC to 10" water main within
Pomerado Road. Presently, the City is improving Pomerado Road.
The applicant should coordinate with the Public Works concerning
installation of the water main connection prior to the new paving will
.
,5 027
.
Re'solUtion No. P- 01 c26
Page 8
be installed in connection with the pomerado Road Improvement
Project.
16. The grading and improvement plans shall show all fencing and walls. The
location of walls and fences shall provide adequate landscaping area along
streets and .interior property lines to the satisfaction of the Director of
Development Services. '
17. Complete landscape construction documents shall be submitted to and
approved by the Planning Division. Landscape plan check fees are required
upon:submittal.ofthe:plans. Plans shall be prepared in accordancewiththe
City of poway Guide to:LandscapeRequirements(latestedition) and include
the following:
a. Street trees,a minimum of 15 gal ion size'orlarger to the satisfactioh
of the Community Developmerit D[rector, ,shall be installed alor:1g
POl11erado Road, Leona Lane and Riiilbach Road, in accordallce with
the City of PoWay Guide to Land{5cape Requirements and shall be
planted at an average of 30feet.on center spacing along all streets.
b. Landscaping, including shrubs and ground cover, along with irrigation,
shall be - proviaed in all areas not' used for buildings, parking and
,driveways, to the satisfaction.oftheDirectorof Development Services.
Specific plant sizes and species, and general irrigation design shall be
depicted on the site plan or an attached separate landscape plan.
The landscape plans shall also address the signage and use of
planter ,blocks of the focal point at the corner of Rimbach Road :and
Pomerado Road.
c. The landscape plans shall show landscaping along Pomerado Road
between the;curb along Pomerado Road and. the wall.on top of the
slope. The landscaping shall contaih a sufficient amount.oftrees and
shrubs to soften the appearance of the wall.
18 A tree removal permit application shall be, submitted for approval by the
Director of Development ServicesJor the removal of any mature trees. The
applicant shall submit a report from a qualified arborist evaluating the
necessity of the proposed tree removals. Trees along streets and property
lines should' be preserved whenever feasible. Tree replacement will be
required. The size and location of the'tree replacement will be determined
as part of the review of the projecflandscape plans.
H Compliance with the following conditions is required prior to construction of public
improvements, unless other timing is indicated:
.
5,028
i-:.,
.
Resolution No. P-01-26
Page 9
1 The applicant/developer shall 'submit improvement plans for the
Developmerit Services Department for approval for onsite public water
systemand.any other public improvemehts as may be required by other City'
departments.
2. Improvement!) shall be constructed in accordance with City adopted
standards and specifications, the latest adopted edit,ion of the Standard
Specifications for Public Works Construction and its correspondiDQSan
Diego supplements, the current San Diego Regional Standard Drawihgs.
3. Improvement plans shall show the PIV and FDC on the plans.
4 Onsite'potable,water lines shall be constructed for fire hydrant/s installation
as required by the City Fire Marshal. The size andlocation of the, water lines
shall be that as established by a water system analysis prepared by an
engineering firm designated and approved by the City The
applicant/developer shall pay to the City the cost of preparing the analysis
prior to'submittal of improvement plans.
5 All new and existing electrical/communication/CATV utilities within the
boundaries ofthe projectshall be installed underground prior to installation of
cohcrete curbs, gutters, sidewalks, and surfacing of the streets. The
applicant/developer is responsible for complying with the.requirements ofthis
condition, and shall make the necessary arrangements with each bf the
serving utilities.
6 The locations and sizes of all utility boxes and vaults withinstreeUights-of-
way and the 'City's general utility easement shall be shown on the
grading/improvement plans. The method of screening such as walls,
landscaping,:or a combination of both shall be provided to the satisfaction of
the Director of Development Services.
7 Public improvement plans shall be prepared on a standard sheetof mylar
(24" X 36") bya California registered civil engineer and submitted for review
and approval.
8 Payment of improvement plan checking, inspection, and improvement plan
administrative fees. The exact amourlts will 'be calculated from a certain
percentage of an approved cost estimateofthe public improvements (see
City Council Resolution No. 95-104 for reference). The initial amounts of
these fees shall be paid at first submittal of plans forreview
9 Performance and payment securities (inthe form of bond, . letter of credit or
cash deposit) shall be posted. with the City priorto..approval of improvement
plans. AStandard Agreement for the Construction of Public Improvements
.
5029
.
Resolution No P- 01-26
Page 10
shall p~ execi:Jted by the developer/appli~ant'ul1less waived by the Director
:ofDevelopment Services and/or the City Engineer
10 Acquisition of a right:of-way permit. The permit is required before,any work
is to be done in public street rights-of-way or City"held easements.
11 The applicant/developer shall obtain an encroachment permit from the City
for any private,jmprovements placed withih"public street rights-of-way or City
easements.
12. The applicaht/deVeloper shall cause the dedication of the following
easements to .the City'
a. An easement, a minimum of 20,00 feet wide for each newpliblic
water line,'shall be dedicated to the City' A.processing fee of $1,000
per easement document shall be pai_d to the City
b Recordation of the easements in the office of',theSan Diego County
Recorder may be deferred, with the approval of the City Engineer,
prior to issuance of building occupancy'
13. No private improvements shall be placed or constructed witnin public street
rights-of"way or City easements unless any one of the following is satisfied:
a. An encroachment permit has been issued by the City for the
improvements; or
bAn encroachment removal agreement has been executE'ld by the
developer/owner and subsequently approVed by the City; or
c. 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 reserves the right to choose any or all of the above, under certain
circumstances when City deems necessary
Compliance with the following conditions is required during construction of site
improvements:
1 Erosion contraldevices shall be installed and maintained between October
15 and April 15.
2. The Storm Water Pollution Prevention Plan shall be implemented.
.
503:0
.
Resolution No, P- 01-26
Page 11
,J Prior, to issuance of a building permit, the applicant shall submit building plans
consistentWith the'approved project plans on file in the Planning Division, and the
applicantshall comply with the following:
1 The building plans shall be in accordancewithtlieapproved plans on file in
the Deyelopmeht Services Departmerit for CUP 98-05M/DR 01-01, along
with the conditions contained herein.
2. Submittal and approval of a proPElrty merger application for the four parcels
that comprised the property identified as APN 317~520-42.
Applicant/developer shall process the merger through the Engineering
DivisiCmofthe City:s Development Services Department. A processing'fee of
$800:00 shall be paid to the City attime,ofmergerapplication.
3 Provide the Planning Division with the recorded document that a quitclaim
has been processed .for the SDG&E easement recorded on February,8,
1949, in Book 3105, Page 283 of Offici a I Records.
4 The two power poles located along Rimbach Road adjacent totbe project
site shall be undergrounded. The easterly of the two power poles shall be
undergrounded prior to issuance of C.ertificate of Occupancy. of the new
building. The undergrounding of the westerly of the two poles may be
deferred. tOisuch time when power poles located furtherwest of the project
site are undergrounded and subjecttotherecordation of a covenant tothe
satisfaction of the Director of Development Services. This covenantwould
require that the owner of the Growing Place property agree to pay his/her
pro-rata share towards undergrounding of subjectwesterly power pole
5 The indoor'areas of the new building.and new outdoor playing areas shall
comply with. acceptable noise levels pursuanUo Pbway GeneralPlan Noise
Element to the satisfaction of the Director of Development Services as
follows and as further outlined in ExhibitA of this resolution.
a. A four-foot-high sound attenuation wall as recommended by the noise
analysis prepared by Dr Leslie E. Penzes, dated February 20,2001 and
subsequently amended March 6, 2001 ,for the proposed project shall be
located on top of the slope along Pomerado Road and set back from the
sidewalk to allow for adequate area for landscaping including street trees
and shrubs. The applicant may propose alternative noise mitigation for
the outdoor play area and interior building pursuant to the noise analysis
for approval by the Director of Development Services.
b As recommended by the noise analysis prepared by Dr Leslie E. Penzes
for the proposed project and on file with the City Planning Division, the
.
.5031
.
Resolution No. P-Ol~26
Page 12
bUllding;shall be furnished with air-conditioning or mechanical ventilation
so that'the windows could be closed, during operations. The windows
and'walls must meet the minimum STC rating as called out in'thenoise
analysis.
6. All freestandingvJalls shall not exceed sixJeeUnheight and shall consist of
slump stone orequivalent to the satisfaction of the, Director of Development
Services.
7 The-site plan for the building plans shali be revised to show the following:
a. The location of walls' along long Leona Lane'and Pomerado Road-as
conditioned herein.
b. A scaleable 50"foot setback of the new classroom building to theiwest
property, line~
c. Eliminate any structure, besides fencing and walls, within the front yard
setback.
d. A maximum six-foot high wood fence shall.be provided along the West
and north property lines of the westerly parking lot to the satisfaction of
the Directors of Development Services and Public Works.
8 The building elevations shall be revised to show the following:
a. All materials and colors shall be depicted on the plans, including
specific manufacturer codes.
b. The colors ofthe doors to face Pomerado Road .shall be within the color
scheme of the building.
9 AI'newequipment appurtenances;including air conditioners, shall be shown
on the plans and shall. be architecturally integrated, screened from view and
sound buffered from adjacent properties and streets as required by the
Director of Development Services.
10 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 pursuant to poway Municipal
Code Section 17 08.220.L.
.
.5 03'2
.
Resolution No. P- 01-26
Page'13
11 Th~ applit~[ltsball comply with thefbilowil"!g to the satisfaction of the
Engineering Division:
a. Rough grading of the lot is to becqmpleted and meet the approval of
the City Engin~eering Inspector ahdshall ihclude submittal of the
following:
i. AfinaJ soil compaction report for review and approval by the
City
ii. Certification of line and grade. The certification shall be
prepared by the project's civil engineer
b City approval of soils compaction report,
c. City approval ota certification of line and grade. The certification shall
be prepared by the projects' civil engineer or City-approved designee
12. The following development fees shall be paid to the Engineering Division.
The following fee amount is currently in effect and is subject to change. The
applicant shall pay the amount in effect at the time of Building Permit
issuance.
Water base capacity*
Foro/." meter
For'1" m-eter
= $ 3,710.00
= $ 6,678.60
Water meter*
For 0/." meter = $ 13000
For 1" meter = $ 270 00
= $ 270.00 (for 1" meter)
Water lateral*
For 0/." meter
For 1" meter
= $ 1350.00
= $ 1430:00
* Water fees only applicable 'if new water meter or new water
lateral is needed. For costfor other meter sizes contact the
Engineering Division.
SDCWA capacity charge (Only applicable if new water meter
isto be installed)
= $2,004:00 perrheter
= $3,206.00 per meter
For 0/." meter
For 1" meter
.
5033
.
Resolution No P-01-26
Page 14
Sewer' connection fee = $11,685:76 (Balance of payment for 6:2
EDU's. Feesub)ect to change
If student enrollment changes)
Sewerclean-out fee
= $50 00 per clean-out
Sewerclean-otit inspection fee = $25.00 per clean-out
Drainage fee = $1,392.00**
** (2.16Ac. x $1200/acre) - $1,200.00 credit = $1,392.00
Traffic Mitjgation fee = $2,145.00***
*** Fbrpaymentof a netgain of 130 trips.
Netgain= (170 students - 40) x 1trip/s.tudent = 130 trips
Traffic:mitigation fee = 130 x $66/tripx 0.25 = $2,145.00
Park fee
= None
13. The applicant shall comply with the latestadopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of electrical/building permit issuance.
14. The applicant shall coordinate with the City'how access and parking can,be
provided to the existing facility during construction.
15 Approval. of this request shall not waive compliance with all sections ofthe
Zoning Ordinance, and all other applicable City Ordinances in effect atthe
time of building permit issuance.
K. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1 As an educational occupancy, a fire alarm system is required and shall be
shown on the building plans. Contact FireDepartment for information.
2. A fire hydrant shall be installed along Pomerado Road at a location to the
satisfaction of the Director of Safety Services.
3 The new classroom facility is required to have a fire protection sprinkler
system, If the separation between the new classroom and existing
classroom facilities is less than 10 feet (roofline to roofline), both structures
will be required to have a fire protection sprinkler system.
.
.
5034
Resolution No. P-01-26
Page 15
4 A knox box shall be installed
L. Prior to issuance of a Certificate of Occupancy, the applicant shall comply with the
following:
1 The sit? shall be developed in accordance with the approved plans on file in
the Delielop!i1ent Services Departmentf()r both CUP 98-05M and DR 01-01
along with the con~itions contained therein/herein. A final inspection from
the appropriate City Departments will be required and approval for
occupancy obtClined.
2. Prior to. issuance of a Certificate or Occupancy and Release of Securities,
the applicant shall comply with the following to the satisfaction of the
Engineering Division.
a. Completion of public and grading improvements.
b City approval of record drawings ofthe grading and improvement
plans.
c. Dedication of easements to the City for new public water lines
easemenliand relinquishment of access, rights to and from Leona
Lane (ifthe property owner gives up access).
d Completion ofthe, property merger ofthefour"parcel project site.
e. Posting,of a warranty bond for the constructed public water system
improvements.
f Execution and subsequent recordation of a road maintenance
agreement for Rimbach Road along the project's frontage.
3 Grading securities shall be released only upon compilation ofthe projectarid
upon City approval ofthe.record drawings of the grading plans.
4 Performance securities for public improvements, if posted and separate from
the grading securities, shall only be reduced twice before completion of
irnprovements.
5 Payment securities and remaining perf'ormancesecurities, if any, shall be
released no sooner than 90 days aftertity~sacceptance of improvements,
posting of warranty security, and approval of record drawihgs.
6 The existing building shall be painted to match the new preschool building.
.
.50,3.5
.
Resolution No. p- 01-26
Page 16
M. Upon establ,ishment of the. use, the following conditions shall apply'
1.. The preschool hours will be Monday through Friday from 6:00 a.m. to
6 30 p;m.
2. The use of the facility for.recreational or community purposes' shall be limited
to the times as follows:
a.
Monday through Friday
Saturday or Sunday
6.30 p.m. to 10'00 p.m.
9:00'a,m.. to 10'00 p.m.
b
3 ThErfacilityshail be operated insuch.a manner as:to minimize any'possible
disruption caused by noise, and shall comply with the .noisestandards
contained in Chapter 8.08 of the poway Municipal Code. At no time shall
equipment noise trbm,any source exceed the' noise standards contained in
the PoWay Municipal Code.
4 On-site consumption of alcoholic beverages shail not be permitted.
5: All activities shall occur within the classroom buildings unless otherwise
approved through aTemporary Use Permit issued by the City
6 The preschool shall ensure that the staff, attendees of the preschool, and
recreational activities, and all service providers park within the on"site
parking areas, and not onthe nearby streets.
7 All existing lightihg fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any adjoining
premises.
8 No loudspeaker sound. amplification system shalrbe used to produce,sounds
in violation of the Noise Ordinance, including telephone or electric bell or
chime system.
9. The parking areas and driveways shall'bewellhlaintained.
10 All landscaping includil'lg areaswithiri the adja~ent public right"of-way,shall
be adequately irrigated arid permanently and fully maintained by the owner
at all times.
11 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.
.
5036
.
Resolution'No. P- 01-26
Page'17
12. Any signsp'roposedfor this developmentshall be designed and approved in
~onforrna'hce with the Poway Municipal Code. A separate sign permit is
requirea fo(any new signage.
Section 8. The approval of the modification to CUP 98-05M and DR 01.-01 shall expire
on May15, 2003,.at 5'00 p,m. unless, prior to that time, aBuilding Permit has been issued
and construction ontheproperty in reliance on the modification to CUP 98-05 approval has
commenced.prior-to its expiration, Should,the modification approval expire, the conditions
contained in 'Section 6, Subsection M shall remain in effl;lct for the existing pre-school
facility'consisting of a maximum of 40 students within,a 2;200-square-foot building.
Sectioh 9: Pursuant'to GovernmentCodeSection 66020;the90-day approval period in
whlch'the applicant'may protest the imposition ofanyfees,dedicatior:ls, reseivations, or
exactions imposed pursuantto'this approval shall begin on May 15, 2001
PASSED, ADOPTED and APPROVED by the City Council of the City of PO way,
State of California, this 15th day of May 2001
ATTEST
....---.- "
Lori Anne Peoples,Cify Cle k
, .
.
.
,503?
8.Elsolution No. P~Ol-26
Page 18
STATE OF CALIFORNIA
COUNTY' OF SAN DIEGO
)
)SS
)
I, Lori Anne Peoples~,City Clerk of the City of'Poway, do hereby certify, under the
penalty,Q(perjury, that the foregoing Resolution No. p" 01-26 , was duly adopted by the
City Council ata meeting of said City Council held on the 15th day of May 2001, and that it
was',so adopted by the following vote:
AYES:
EMERY, GOLDBY, REXFORD, CAFAGNA
NOES:
NONE
ABSTAIN:
NONE
ABSENT
HIGGINSON
~~OAv-L.Q~PILV
Lor Anne Peoples, City C erk'
City of Poway
N:\city\planning\01 report\cup\cup9a.:05m res;doc
.
" .'
.
5038
.
Resolution No. P- 01-26
Page 19
E?,HIBIT ~
MITIGATION MONITORING' PROGRAM
FOR CUP 98-05M AND'DR 01-01
Section21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or
mCJnitorihg program forthe:c:hange~which it has adopted or made a condition of project approval in
order to mitigate or avoid significant effects on .the environment. The reporting or monitoring
program shall be designated:.toensure co~pliance dLJrihgproject.implementation." This mitigation
moriito~ing program has been prepared in accordance with Section 21081.6 of the Public
Resources Code.
Noh.compliance with any of these conditions, as identified by City staff or a designated monitor,
shall result.in:issuance of a cease and, desist order for'all construction activities. The'ordershall
remain in effect uhtil compliance'is assured. Non-compliance situations which may occur
subsequent to projectconstructionwill be addressed on a'case-by-case basis and maybe'subject
to'penalties according to the City bfPoway. Municipal Code. When,phasing of development. h,as
been established, it may be necessary for this Monitoring Program to be amended, with City
approval.
Topic
Noise
Mitigation Measure
a. Depict oh the grading plan, a noise
attenuation wall 'that would reduce the
noise ,within the outdoor play areas to
acceptable levels pursuant to Poway
General Plan noise standards and in
accordance with the Noise Analysis
prepared by Dr Leslie E. Penzes datl;ld
February 20, 2001, and sUbsequenfly
updated March 6, 2001 and to the.
satisfaction <if the Director of
Community Development.
Timing
At grading plan
submittal
Responsibility'
Applicant
b. Review the grading plan for depiction Prior to issuance City of Poway
of the above-required fencing to be of grading permit
constructed on the project site at a
location and height to the satisfaction
of the Director of Community
Development
c. Submit, to the Building Division, Prior to building Applicant
building plans which show buildihg to permit issuance
be furnished with air-conditioning or and during
mechanical ventilation as construction.
recommended in the Noise Analysis
prepared by Dr Leslie E. Penzes dated
February 20, 2001, and subsequently
updated March 6, 2001 The windows
and walls must have a minimumSTC
,,;;.
"
"
.
5039
.rating as called out in theapove
referenced Noise Analysis prepared By
Dr Leslie E. Penzes.
.
Resolution No. :P- 01-26
Page 20
d. Review ofbuiiding plans to ensure that Prior to building
the above~referenced building permit issuance
specifications are met and that the and during
required noise attenuation walls are construction.
shown.
City
Applicant and
City
e. Conduct a follow-up noise study to Prior to issuance
ensure that the noise levels within ,the of occupancy
,classroom. building ,and the outdoor 'permit.
play..areas are within acceptable levels.
Written results of the noise test shall be
provided to the City Planning Division
for review If'the noise levels are not
acceptable, the applicant shall take
appropriate .measures to the
satisfaction of the Director of
Development Services to reduce the
noise levels to acceptable levels.
f. Keep windows and door closed during During
operations as recommended in the operations.
Noise Analysis prepared by Dr Leslie
E. Penzes dated February 20, 2001,
and subsequently updated March 6,
2001
Applicant
g. No outdoor paging systems or During
telephone bells or similar devices shall operations.
be used
Applicant