Covenant Regarding Real Property 2009-0093353
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. ,j': .' RECORDING REQUEST BY: )
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CITY OF POWAY )
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WHEN RECORDED MAIL TO: )
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-~, ~ CITY CLERK )
CITY OF .POWAY )
PO BOX 789 )
POWAY CA 92074-0789 )
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DOC # 2009-0093353
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FEB25,2009 11:12 AM
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APN"275-460-26, 275-460c58, and'314-370-36
COVENANT REGARDING REAL PROPERTY
Roman Catholic Diocese of San Diego/Sl. Michael's Church, PROPERTY
OWNER ("O\iVNER" hererhafter.), is the owner of real property described in Exhibit A,
which is attached hereto and made a part hereof, and which is commonly known as
Assessor's Parcel Numbers 275-460-26, 275-460-58, and 314-370-36 ("PROPERTY"
hereinafter) .
In consideration of the approval of the modification to Major Use Permit
P 74-77M(5), a revision to Development Review (DR) 00-27R, and Variance (VAR
07-07) by the City of Poway ("CITY" hereinafter), OVVNER hereby agrees to abide by
conditions of the attached Resolution (Exhibit B).
This Covenant shall run with the land andl5e binding upon and inure to the
benefit of the future owners, encumbrancers, suc'cessors, heirs, persorial
representatives, transferees and assigns of the respective parties.
In the event that:ttiemodifLcation to Major Use Permit P 74-77M(5), a revision to
Development Review (DR) OOc27R, and Variance (VAR 07-07) expires or is rescinded
by City Council at the reguesLofthe OWNER, CITY shailexpunge this Covenant from
the record title ofthe PROPERTY..
In the evelltof I~tjgation ,10 enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees,from the other party.
OWNER
Dated:
:2/ &,101
By:k'L {let: !)A_
Roman Catholic Diocese
. ~~. Michaelis Church
CITY OF POWAY .
(Not;oJrize) .
Q'f S'an Olego -
Dated 2/f.')!00
By:
Robert
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CAlIF.ORNIA..ALL.PUIRPOSE ACKNOWLEDGMENT
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State of California
County of 5",,, D', c'J (')
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Name{s)oISigner(s)
l..'~.".. JAMCE GR.IFR. NG I
- Commission,.,. 1769315 Q
~. NOTARY P\JBUC. cAuFORNIA !
I. SAN DIEGO COUHTY I
. My Comm. Expies 0Ct0b0r 14, 2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person~whose name~re subscribed to the
within instrument and aCKnowledged to me that
@he/they executed the same in(fiiS>'her/their authorized
capacity,.(ies}, and that b.YY.~ I her/their signature~on the
instrument the perso~ or the entity upon behalf of
which the perso~cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
\
Signature
OPTIONAL
Though the information-below is not requiredby'law, it may prove valuable to persons relying on the do urn nt
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tille or Type of Document: C. r'\ \J <^ (.^ t
Document Date:
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Signer(s) Other Than Named Above:
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Number of Pages:
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o Trustee
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Signer Is Represetg:
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Signer's Name:
o Individual
o Corporate Officer ~ Title(s):
o Partner - o Limited D General
o Attorney in Fact
o Trustee
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RIGHTTHUMBPRINT
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Signer Is Representing:
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EXHIBIT A
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. Page 1
Order No. 43040670
DESCRIPTION
4938
PARCEL A:
ALL THAT PORTION OF LOTS' 3 AND 4 IN SECTION 35, TOwNSHIP 13 SOUTH, RANGE 2 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, State of California,
ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED' AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY BOUNDARY OF SAID LOT 4 DISTANT THEREON
SOUTH 13' 02' 51" WEST 1351..87 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 3,
THENCE ALONG SAID .WESTERLY BOUNDARY SOUTH 13' 02' 59" WEST, 275.00 FEET TO THE
NORTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO THE ROMAN CATHOLIC BISHOP OF
SAN. DIEGO, RECORDED MAY 12, 1959 AS DOCUMENT NO. 9SS93 OF OFFICIAL RECORDS BEING
A POINT IN THE NORTHERLY LINE OF THE SOUTHERLY 7 .ACRES OF THAT PORTION OF SAID
LOT 4 WHICH LIES NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY
.'BOUNDARY OF SAN BERNARDO RANCHO AND WESTERLY OF THE CENTER LINE OF THE MAIN
PUBLIC HIGHWAY ROUTE 3; THENCE SOUTH 83' 50' 40" EAsT ALONG THE NORTHERLY LINE OF
SAID LAND A DISTANCE OF SS5.'92. FEET TO THE CENTER LINE OF THAT CERTAIN 60.00
.FooT COUNTY ROAD KNOWN AS MISSION ROAD 1-A, ALSO KNOWN AS POMERADO ROAD; THENCE
NORTH 2' 07' 00" EAST ALONG SAID CENTER LINE A DISTANCE OF 273.69 FEET TO AN
" INTERsECTION WITH A LINE BEARING SOUTH 83' 50' 40" EAST FROM THE POINT OF
.. BEGINNING; THENCE NORTH 83" 50' 40" WEST S03.63 FEET TO THE POINT OF BEGINNING.
",.. .
THE SOUTHERLY 7 ACRES OF ':\'HAT PORTION OF LOT 4, SECTION 3S, TOWNSHIP 13 SOUTH,
RANGE. 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, State of
. california, ACCORDING TO THE OFFICIAL PLAT THEREOF WHICH LIES NORTHERLY OF THE
'. . EAsTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY LINE OF SAN BERNARDO RANCHO AND
. WESTERLY OF THE CENTER LINE .OF THE MAIN PUBLIC HIGHWAY, ROUTE 3, THE NORTHERLY
.'.LlNE OF SAID SOUTHERLY 7 AcREs BEING MEASURED PARALLEL WITH THE SOUTHERLY LINE
. OF .THE ABOVE DESCRIBED LAND.
EXCEPTING THEREFROM THAT PORTION OF THAT CERTAIN 7 (SEVEN) ACRE PARCEL OF LAND
.. ..... IN LOT 4 (FOUR) OF FRACTIONAL SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN
. BERNARDINO MERIDIAN, IN THE COUNTY OF sAN DIEGO, State of California, WHICH LIES
NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF RANCHO SAN
... . '.BERNI\RDO AND WESTERLY OF THE CENTER LINE OF COUNTY HIGHWAY COMMISSION MISSION
. ....ROAD I-A (NOW KNOWN AS POMERADO ROAD), SAID PORTION LYING EASTERLY OF A LINE
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID
'.' RANCHO. SAN BERNARDO DISTANT THEREON 286.65 FEET WESTERLY FROM THE CENTER LINE OF
. SAID POMERADO ROAD; 'fHENCE NORTHERLY PARALLEL WITH THE CENTER LINE OF SAID
. . i'0MERAD0 ROAD A DISTANCE OF 277.43 FEET; THENCE WESTERLY AT RIGHT ANGLES, A
DISTANCE OF 23.00 FEET THENCE NORTHERLY AT RIGHT ANGLES A DISTANCE OF 91.00
FEET; THENCE WESTERLY AT RIGHT ANGLES A DISTANCE OF 33. 00 FEET; THENCE NORTHERLY
AT.RIGHT ANGLES TO THE NORTHERLY LINE OF SAID 7 (SEVEN) ACRES PARCEL.
PARCEL B:
THAT PORTION OF THAT CERTAIN 7 (SEVEN) ACRE PARCEL OF LAND IN LOT 4 (FOUR) OF
FRACTIONAL SECTION 35, TOWNSHIP 13 SOUTH, .RANGE 2 WEST, SAN BERNARDINO MERIDIAN,
IN THE COUNTY OF SAN DIEGO, State of California, WHICH LIES NORTHERLY OF THE
. EASTimLY PROLONGATION OF THE SOUTHERLY LINE OF RANCHO SAN BERNARDO AND WESTERLY
OF THE CENTER LINE OF COUNTY HIGHWAY COMMISSION ROAD l"A (NOW KNOWN AS POMERADO
ROAD), SAID PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS:
'(1
.<"
Page 2 DESCRIPTION
OrderNo. 43040670
. BEGINNING AT A POINT ON THE EASTERLY PROLONGATION OF TJ!E SOUTHERLY LINE .oF SAID
RANCHO SAN BERNARDO DISTANT 'THEREON 286. 6S FEET WESTERLY FROM THE CENTER LINE OF
SAID POMERADO ROAD; THENCE NORTHERLY PARALLEL WITH. THE CENTER LINE OF SAID
~MERADO ROAD A DISTANCE OF 277.43 FEET; THENCE WESTERLY AT RIGHT ANGLES, A
DISTANCE OF 23. 00 FEET; THENCE .NORTHERLY AT RIGHT ANGLES, A DISTANCE OF 91. 00
.FEET;THENCE WESTERLY AT RIGHT ANGLES A DISTANCE OF OF 33.00 FEET; THENCE
NORTHERLY AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID 7 (SEVEN) ACRE PARCEL.
.PARCEL C:
PARCEL. 1 OF PARCEL MAP NO. 4335, ACCORDING TO-MAP ON FILE IN THE OFFICE OF THE
. COUNTY RECORDER OF SAID COUNTY ,BEING A DIVISION OF PORTIONS OF LOT 4, SECTION
35, .TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE
OFFICIAL PLAT THEREOF AND OF LOT 3, SECTION 2, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN. BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
-.... .
4939
I
i.
RESOLUTION NO. pc09c02
A RESOlUTION OF THE CITY COUNCIL
OFTHE CITY OF POWAY, CALIFORNIA
APPROVING MAJOR USE PERMiT P 74-77M(5),
DEVELOPMENT REVIEW 00-27R, VARIANCE 07-07
AND'RESCINDING RESOLlmoNp-01-31
ASSESSOR'S PARCEL NUMBERS 275-460-26, 58AND 314-370-36
4940
WHEREAS, a request bas 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
Residenti.al C zone. The Varia(lce 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 4b400tsetback is required; and
WHEREAS, on January.2q, 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 Enyironmental 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 resource.s,
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 envjronmentalconcerns 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 a_ssessme,nt was prepared by M.J. Kleiflfelder' Environmental Consultants;
dated May 29, 2007, for the..project. The proji?ct will result in the remov<ll of2.74 acres
of non-native grasslands and 1.19 acres of Diegan Coastal Sage Scrub. habitat. The
site is .Iocated 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. PiJrsqimttothe Poway HCP;the project is required to mitigate
impacts to 2.74 acres of none native grassl<lnd areas at a 2:1 ratio'due to the sensitive
species found on or near the site, and is also required to rl1itigate impacts to
approximately 1.19 acres of Diegan Coastal Sage Scrub at a 2:1 mitigation ratio. In
accordance with the poway H8P, the required findings for approval of the proposed
mitigation for the removal of C().astaISage Scrub for Major' Use Permit P 74-77M(5),
DR 00-27R and Variance 07e07 areas follows:
ATTACHMENT B
4941
Resolution No P-09-02
Page 2
A The proposed projeCt is outside of the Mitjgi'ltiol} Area of the Poway HCP. The
mitigation is consistent with and furthers. the implementing objectives of the
Poway HCP in lhattheapplicant 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 preservihg comparable undisturbed and
unencumbered ~abitat of equal or greater cOl}sgrvation 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 dedicaiion or payment of a Habitat
Mitigation In-Lieu Feewillbe to the long-term benefit ofthePoway Subarea HCP
(PSHCP) covered speci~s 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 ofthe PSHCP in
an effective and efficient manner in that the preservation of offsite consen/ation
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 habitatWill not result in a negatiyefiscal impact with regard to the
successful implementaiion of the PSHCP, as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within permanent
Biological'Conservation Easement Deeds.
Section 3: . The findings, in accordance wit~,Section 17.48.070 of the Poway
Municipal Code, for Major Use Permit P 74-77M(5)toconstruct a 37,494-squarecfoot,
two-story, multicpurpose/performing arts building, on the vacant, southerly section of the
St Michael's Church/school campus located at 15546 Pomerado Road, withinthe:Rural
ResidElntialC zone, are as f6(lows:
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 allovv acti~ities: that are presently occurring in the existing
facilities on the St. Michael's Church/school campus. The proposed multi-
purpose/performing arts buiiding is apermitt~d uS,e with t~e approval of a
modification to the Major Use Permit. Thefefore, the proposed location, size,
.,
4942
Resolution No. P-09-02
Page 3
desig[l and .operating ,characteristics of the .multi-purpose/performing arts
bu[ldi.ng, in. conjunction with the established church and school use, is in accord
with the title and purpose of Section 17.48.070 of the Poway Municipal Code.
B. ThemulticplJrpose/performing arts buildingwiU enhance the existing develoRmerit
on the property and is.appropriate as an addition to the primary church and
s.chool use on the ,site, as well as being consistent with. surrounding
development. The b.uilding will meet City standa~ds .for parking. Therefore, the
location, size,. design, and Operating characteristics of the use will be co.mpatible
with, and will not adversely affect or be materially. detrimental to, adjacent uses,
residents, buildings, structure, or natural resources.
C. The proRosedmulti-purpose/performing arts building will comply with standards
for scale, coverage'aneJ;,density. Therefore, the harmony in scale, bulk, coverage
and density of the proje'cFis consistent with adjacent development.
D. There are adequate public facilities, services, andulilities available avthe siJbject
site.
E. The project is adjacent to the existing St. Michael's Church/school on one side,
separated from the adjacent high-density r.esidential area to the ea~t by
Pomerado Road, bordered on the west by religious and day care fa<;:ilities, arid
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 andti;1e site will be used to house activities that currently operate
on the St. Michael's church/school campus. Th~refore, the project will n.othave
a harmful effect upon the, desirable neighborhood characteristics.
F. The multi-purpose/performing arts building will house activities'that are presently
taking place withinexistihg church and school .facilities on the St. Michael's
property. The relatiyely lTlodest increase in anticipated traffic generation has
been documented to res'iJlt in no increase in traffic impacts. The ref.ore ' , the
capacity and physical character of surrounding streets will not be impacted,and
the project is consistent with the Transportation Element ofthe,GeneraLPlan.
G. The site is suitable for the type and intensity of use ~lnd development that is
proposed in that .the project site is large enough to accommodate the
. develoPrTient, 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 sign!ficant 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 bemitigated.
4~43
Resolution No. P-09-02
Page 4
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 17.48 of the Pbway 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 CClde'Section 66020 for the public
improvements, are neede_d.9.s a result of the proposecl development to proted the
public health, safety, and wfilfare., 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 prop'osed
development to protectthe public health, safety, and welfare as identified below
and further described in the conditions of approval:
1. Dedicatjon of Po mer ado Road right-of-way.
2. Dedication of water easement for public waterline.
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
ir)frastructure ir'npr6ve.rnents, which promote a safe ana healthy environment for
the residents of the:City.
Section 5: The finqings,. in accordance with Chapter 17.52 of the Poway Municipal
Code, for DR 00"27R for the consJruction of a 37;494-square-foot, two,story; :multi-
purpose/performing arts building at the vacant, southerlysectioncif'the .St. Michael's
Church/school campus .located at 15546 Pomerado Road, within 'the Rural Residential
C zone, are as Jollows:
A The multi~purpos'e/performingarts 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 softefl 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
buildifl9 respects thei~terdep.endence of land values and aesthetics to the
benefit of the City.
4944
Resolution No. P-09-02
Page 5
B. The multi;plirpose/periormirig arts buildirlg 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 Of 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 minimizeimpilcts on
the surrounding community by being located below the ridgeiine, and utilizing
building materials' and colors in keeping with th'e existing church/school
structures and surrounding development.
E. The proposed project will meet the required design regulations, and will
otherWise comply with all relevarlt 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 17.50.050 of the Poway
Municipal Code, to approve\j~R 07-07 to allow a portion ofthe proposed parking lot
to observe an approximate '15-foot front yard setback along Pomerado Road, when a
40-fobt 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 Ordinifnce deprives the .property of
privileges enjoyed by other properties inttie 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 iequirem~nts 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 I}ecessary Jor 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
4945
Resolution No. P-09-02
Page 6
C. Granting the Variance would not be materially detfimental to the public health,
safety, or welfare in the liicinity 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 tone 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- pu:rpgsel
performing arts builaingis' 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 ",ill 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 U.se Permit P 74c77M(5),
DR 00c27R and VAR 07-07; a proposal to construct 11 37,494.csquarecfoot,tw9~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 15cfoot 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 complian(';e with all other Sections of the
Zoning ordinance a'rJdall other applicable City Ordinances in effect at the tim~ of
Building Permit issuance.
B. WithiD 30 days of the date of this approval' (J) the applicaRt shall submit in
writirig that all conditions of approval have been read anq 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.
494-6
Resolution No. P-09-02
Page 7
D. The. conditions of this Rermit 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 ofthecurrentproperty owner.
E. Major Use Permit pi4-77M(5) shall be subject to annual review, as de~ermined
by the Director of Development Services, for compliance with the conditions of
approval and to address concerns that may haveoccl>Jrred during the past year.
F. Any changes in the approved use of the building, including, butnoUimitedto, the
number of students, the hours of operation, or the n.umber of fixed seats that
result in an increase 'in required parking, will require the approval of a
modification to this Permit DependiRg 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 hoursof7a.m. to 5 p.m., Monday through Saturday.
H. New signage shall be in ac;cordance 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 po way 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.
ASia 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 ero.sion prevention and sediment control plan for
construction.
494'7
Resolution No. P-09-02
Page 8
d.. All utilities, (proposed and existing), together with their
appurtenaflces and associated easements. Encroachments are
not permitted upon any ea.ser'nen( All easements must be.. plotted
and labeled as per the latest project title r~port. 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 conneCtionsfor the new structure.
g. Paving of the parking lot conforming to. ihe 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 hydrol6gic 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 tbe 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 pollutant!
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'l3est 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 P6merado Road to
ensure continuity and conformance with the current right-of-way
alignment and width. The applicant shall ensure the proposed
4948
Resolution No. P-09-02
Page 9
retainillg.wailalong 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
theiexisting driveway north ofthesite.
II. Existing pedestrian ramps and driveway approaches shall be
upgraded to meet accessibility (ADA) standards along the
project frontage.
III. Three new street lights shalt;be.provided on PomeradoRoad
between Casa Avenida and Via. Monte Claro.
iv. Two new street lights anclan' eXisting street light shafl be
relocated on Pomerado Road between Via Monte' Claro and
Monte Vista Road.
2. A soils/geological re'port shall be prepared .by "mengineer licens(ld by the
State of California to perform such work, and sheill 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 drainag~ stu~y Using the tOO-year $torm frequency criteri? ~h?1I .be
submitted wiih the grading plan. The study shall address any impa<,;ts to
the offsite drainage way on the east side of Pomerado Road from the
proposed development. The drainage system shall:
a. Han<:Jle ang dispose' all sUl}ace waterllllithin the project site and all
surface water floWing onto the project. site frorn adjacent lands.
Large concentrated flows across driveways and into the street will
not be permitted.
b. Cause post-development flow' vOlulJ1es froro the project site to be
equator less than pre-developmentfloW 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 \/\later Mitigation Plan
(SlJSMP) regulations. Specifically, the applicant shall submit a Storm
Water ,Mitigation PlanlWater Quality Technical Report that identifies
pri(n;uyand s~colJdary pollutants resulting from the development that
might impair the receiving waters;estaQlishes site design Best
Management Practices (reducing rUIJoff): establishes source control Best
Management Practices (preventing/minimizing storm water contact with
4 9 4~9
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
disch'arges. Proof offil.ing of the NOI and an assigned Waste Discharge
Identification I'.{umber shall be submitted to the Development Services
Department - Engineering Division prior to issuance of a Gradillg Permit
Applications for the Notice of Intent may be obtained by contacting:
California RE!gional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, .CA 92123
(858) 46772952
6. Prior to issuan"e,of a Grading Permit, th~ applicant shall prepare a Storm
Water Pollution Prevention Plan (SWPPP) tt)at effectively addresses the
elimination of non-storm water runoff into the storm drain systerrL The
SWPPP shall include, but not be limitedto,an effective method of hiliside
erosion and se.diment control; a de-silting basin with a capacity of 3,600
cubic feet of. sWrage. p.er acre drained, or designed to remove fine silt fora
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 Weath~er-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~andinspection fees. Plan check and inspection fees are to be
calculat'ed 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 onsitefire hydrants arid water line, the develqper shall
apply with the City for a water system analysis to establish the proper size
and lo.cation of the onsite public water system.
4950
Resolution No. P-09-02
Page 11
10. In accoraance with the water systeifl aflalysis, the developer shall submit
to the City' for review and approval, sep'ar'ate improvement plans for the
water line construction and fire hydrant installation. Separate plan
checking and inspection fees shall be paid for thewater improvements.
11. The applical)t s~~1I attend a preconstwctiol)rrieeting, at which time they
shall preseilt all Action Plan that identifies :rneasures to be implemented
during construction to address erosion, sedlmeilt, and polllJtant control.
Compliance for erosion control can be provjdea using one or more of the
following guidelines:
a. Provide an cipJ>ite de-silting basin with a volume based on 3,600
cubicfeefpertributary acre drained.
b. Cover all flat areas with approved mulch.
c. Install an earthen or gravel bag berm. that retains. three inches of
watero~er all disturbed areas prior to Clischarge, effectively creating
a de-silting'basin from the pad.
12. Construction staking is to be installed by the owner and inspected by the
Engine~ring Inspe,ctor prior to any clearing, grubbing, or grading. As a
minimlJ!Tl, all protected areas as shown on the project plal'1sare tp 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-W~y Pe,rmit shall be obtained from .the Development Seryices
Department - Engineering Division for any work to be done in the public
right-ofcway in Pomerado Road, or within any City-held easement.
14. The applicant shall obtain additional eCisement area from the prPperty
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 beyona the limits ofthe existing road easement.
15. The. applicant shall either eliminate the northern property line of the
14.06~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.
4951
Resolution No. P-09-02
Page 12
(Plaoning)
16. Prio'r to Grading Permit Of 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 a-t a 2:1 replacement ratio due to the sensitive species
found on or near the site as identified by the Poway Habitat
Conservation PI~:ln (Poway HCP). Mitigation is required as follows:
Non-native gfassland:
2.74 acres of impacted non-native. grassland habitat must be
mitigated at a 2:.1 ratio with, 5:48 acres of unencumbered
comparable quality offsite non-native grassland or paYll)ent of a
Habitat Mitigation In-Lieu Fee attheestablished 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 unencumbefed comparable quality offsite Co.asti:lI
Sage Scrub or payment of a Habitat 'Mitigation In-Lieu fee at the
established rate, Presently the fate 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 5.48 acres of non-native grassland
habitat, of equal or greater conservation. value, is required. Said
dedication shall require the applica.nHo 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 sh"lIl subsequently re-zone the mitigation land to
Open SpacecResource Management to ensure its permanent
preservation.
b. In accordance with Condition H of the poway HCP Incidental Take
Permit, a take of active California gnatcatchernests, which includes
harassment of the. bird due to grading noise and vibrations from
4952
Resolution No P-09-02
Page 13
February t5, 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 mitigatiori 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 Clearirig/Grading Permit, if grading or
clearing is to occur betweeri February 15 and July 1, the
applicant shall provide to thePlanriing Division a ietterfrom
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 GSS habitat within 500
feet of such area. To be considered qualified, the biologist
must provide the City with a copy of a valid Griatcatcher
Recovery Permit from the U.S. Fish and Wildlife Service
(l:JSFWS).
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 babitat located within 500 feet of said area, approval
may be granted to commen'ce clearing/grading within the
gnatcatcher nesting season from February 15 through
July1.
IV. If gnatcatchers are present witl;1in 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 preseritonsite during all
clearing/grading activities to monitor that the clearing/grading
activities stay within the qesignated limits. During this
period, the biologist shall also monitor and survey the
4953
Resolution No. P-09-02
Page 14
habitat, on adailybasls, within lhearea 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
moriitoring summaries shall be submitted to the Planning
Division. .Should evidence of a gnateatcher' 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 asa hote 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 applicahtshall have said
staking inspected by the Erigineering Inspector prior-to ariy
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 writtenconfirmatiori
.that the limits of clearing/grading are in accordance with the
project's Biological Resource Assessment.
viii. Upon completion of the cle?ring/grading activities; the
applicant's biologist shall submit to th,e Director ()f
Development Services a bloiogical monitoririg r~port
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 haoitatwithin 500 feet of said area
17. Pursuant to: the City of Poway Guide to Landscape Requirements, all
mariufactured' slopes greater thana '5:1 slope and Fuel. Management
Zories shall have all landscaping and irfigatioQ installed, to the satisfaction
of the' Director of Development SerNices' and the Fire Marshal. If
construction of the multi"purpose building does not commence within
90. days of completion ofthegrading, all manufactured slopes greater than
a 5:.1. slope. shall be hydroseeded. Prior to applying the hydroseed, the
applicant sha)1 i>ubmit a landscape plan showing the type of hydroseed
mix and method of irrigation for approval by the Director of Development
Services.
4954
Resolution No. P-09-02
Page 15
a. Streettrees shall be provided per the above-referenced landscape
requirements, at 30 feet on Cet:1teL
b. Lahdscaping for all new parking lots, per the above~referenced
landscape requirements, including a rTlinimum of one 15-gallon-size
broad ~preading 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
parkin'gareas from the street, using eartben berms, walls and/or
plantirigs(e,g.: trees and shrubs).
18. All two-way'traffit aisles shall be a minimum of25 feet wide.
19 All new st'andard .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 aCyordance with the approved project site plan dated
December 1, 2Q08, and on file in the Planning Dlvision 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 accordancelwith 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 Grading0rdinance, 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
ofthe project.
3. Rough gradilJgis to be complete5l, cjrid ~hall me~1 the approval of the City
Engineeririglrispector, and shall incluae'subrilittal 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. PriortodelLvery of combustible building rTi?terials,the onsite water system
shall be installed and satisfactorily passalf required tests.
4955
Resolution No. P-09-02
Page 16
5. AiJplicahtishall pay all required UtilityiFeesana Development Impact Fees
in effect at the time of issuance ora Building Permit. . Currently the fees
are estimated as follows and are subject to change without notice:
Water
Meter
City Expansion Fee
SDCWASystem Capacity
2" (estimated)
$ 1,775
$13,619
$22,495*
*T 0 be paid by separate check, payable to the San Diego County Water
Authority.
Note: For larger size meters, contact the Engirieeril)g Division for prices.
It shall be the responsibility of the applicant to determine the cmrect 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 c1eanoutfee:
Sewereleanout.inspection fee:
Drainage:
Traffic Mitigation:
$50 per c1eanout
$25 per clean out
$1 ,570/acre of development
$114,781.50*
*Based on a 34,500csquare-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 Mainienance and Removal
Agreement.
7. All new onsite utilities shall be installed undergroun.d prior to occupancy.
However, the applicant shall make the necessary arrangements with each
of the serving uiilities as grading operatibnsare underway, and coordinate
tneetingswith the utility companies for details of the undergrounding work
prior to issuance of a Building Permit.
4956,
Resolution No. P-09-02
Page 17
8. The"site shail..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 CClde, the City Grading Ordinance, the approved grading
plan, the approved .soils report, and grading practices acceptable to the
City.
9. The applicantshall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicC!ble codes and ordinances in
effect at the time of Electrical/Building permit issuance, including, but not
limited to, the 1997 UBC and the CCRTitle 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. Ail new exterior lighting fixtures
shall. be low"pressure sodium and desigr:ledsuch 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 frontyard'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 elememt 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.retardantas per CBC .Section 1505, and City of
Poway Ordinance No. '64 and its amended Ordinance No. 526,
2. The buildingshall.cl,isplay its numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches
on the front fagade of the building. Builaing 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,
4957
Resolution No. P-09-02
Page 18
3. Every building hereafter constrllct~dshall be accessible to Fire
Deo;partment apparatus by way of-access roadways with all-weather driving
surf",ce 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 Dep'artment emergency
access. In mpst cases, City Engil)eering standards will be more
restricting, The more restrictive standard shall apply. The Fire Chief,
pursuant to the Poway Municipal Code (PfV1C), 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 lobe monitored. by a central.
mOllitoringcQi'!1pany. Double.detector Check valve assembly and system
F;'ost Indicator"Valve(s) with tamper switches shall also be monitored. Tile
City. .Fire Marshal, prior to installation,$hall locate these fire protectiOn
devices. The Fire Sprinkler design submittal shall bea separate submittal
to the Fire Department.
5. A properly licensed contractor shall install an automatic fire alarm system
to approved standards. The systemsha/l' be cQmpletely monitored' by a
U.L. listed central station alarm company or proprietary remote station.
6. A hood clng duc,t extinguishing system shall be installed for all cooking
facilitieswithin'the kitchen area. Plans are to be submitted and approved:
prior to installation.
7. A 'Knox' Security Key Box shall be recjuired 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 ana lS'travel distance.
11. The addition of onsite fire hydrants is required. The City Fire Marshal
shall determine the location of the hydrants.
495-8
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 20.00-foot-wide
water easement to the City for the new cinsite public water line being
proposed. The applicant shall also cause the dedication of the property
for a.dditional right-of-way for Pomerado Road, as stated above. A
processing fee of $745.00 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.
"
495.9
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 landscaptng 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
4960
'.
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 maintai.ned 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.
.
alJ.
Resolution No. P-09-024 9 61
Page 22
PASSED,ADOPTED and APPROVED by the. City Council of the City of Poway,
State of California, this 20th day of January 2009.
~~~
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 ata 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: tUNNINGHAM
d
n A. Troyan, MMC, City Clerk
C' y of Poway