Res P-09-29
RESOLUTION NO. P-09-29
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MAJOR USE PERMIT P 74-146M(2),
DEVELOPMENT REVIEW OS-OS, VARIANCE OS-12,
MINOR CONDITIONAL USE PERMIT 09-01, TENTATIVE PARCEL MAP 09-01
AND UNDEGROUND WAIVER 09-01
ASSESSOR'S PARCEL NUMBERS: 314-651-05,10,15,16,17, 1S, AND 19
WHEREAS, a request has been submitted by the Roman Catholic Diocese of
San Diego/Sl. Gabriel's Catholic Church, Applicant, for an Environmental Assessment
and a Modification to Major Use Permit P 74-146M(2), Development Review OS-OS,
Variance OS-12, Minor Conditional Use Permit 09-01, Underground Waiver 09-01, and
Tentative Parcel Map 09-01 for the expansion of St. Gabriel's Catholic Church at
13734 Twin Peaks Road, located in the Residential Single-Family 2 (RS-2) zone; and
WHEREAS, on September 1, 2009, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: An Environmental Initial Study (EIS) was completed for the project. It
was determined that while the project will not have a significant adverse impact on the
environment, there could be potential impacts in the areas of biological, archeological,
and hydrological resources. All anticipated impacts, however, can be mitigated to a
level of less than significant. The City Council, therefore, finds that all of the potential
environmental impacts can be mitigated to a less than significant level and hereby
approves a Mitigated Negative Declaration (MND) for the project.
Section 2: Pursuant to the Poway Subarea Habitat Conservation Plan (HCP), a
biological assessment was prepared by RC Biological Consultants, dated February 10,
2009, for the project. The project will result in the removal of 3.S3 acres of Coastal Sage
Scrub (CSS), and 0.31 acres of disturbed CSS. There is also the potential for an
additional 0.S1 acre impact to habitat associated with capping of an archeological
resource area, which will be determined at a later date. The project will be preserving
1.2 acres of existing onsite habitat within a Biological Conservation Easement for an
onsite conservation level of 29%. The northerly portion of the site, and nearly all the
habitat impact, is located inside of the HCP Mitigation Area and the Twin Peak Resource
Conservation Area (RCA). The HCP has a conservation goal of 50% for habitat located
within the RCA overall. Based on the development potential in the Twin Peaks RCA
it has been projected that the overall conservation level will be approximately 66%.
The projection included the 29% conservation level achieved with the project. The
proposed project complies with HCP Implementing Agreement. Pursuant to the HCP,
the project is required to mitigate impacts to 3.S3 acres of CSS at a 2:1 ratio, and mitigate
impacts to 0.31 acres of disturbed CSS at a ratio of 1: 1. The total mitigation requirement
Resolution No. P-09-29
Page 2
is 7.97 acres of habitat. In accordance with the Poway HCP, the required findings for
approval of the proposed mitigation for the removal of CSS for the project are as follows:
A. A portion of the project site is inside of the Mitigation Area of the HCP. The
mitigation is consistent with and furthers the implementing objectives of the HCP
in that the applicant will mitigate impacts to 3.83 acres of CSS and 0.31 acres of
disturbed CSS at prescribed ratios in the HCP for a total mitigation requirement
of 7.97 acres. Mitigation will be achieved through preservation of remaining
habitat onsite, which is in the Mitigation Area and is approximately 1.2 acres,
through a Biological Conservation Easement (BCE) to be recorded on the site.
The balance of the mitigation requirement, which is approximately 6.7 acres, will
be satisfied either by payment of a Habitat Mitigation In-Lieu Fee at the
established rate at the time of Grading Permit issuance; preservation of offsite
habitat, which is in the Mitigation Area, through a BCE to be recorded on that
property; purchase of available mitigation credits within an existing BCE; or
through some combination of these specified methods.
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 on and offsite preservation, or payment of a Habitat
Mitigation In-Lieu Fee, will be to the long-term benefit of the HCP covered species
and their habitats in that the recordation of a BCE over habitat (see "A" above) will
promote a meaningful addition to the assembly of a viable regional system of
uninterrupted natural habitat resources, habitat linkages, buffers, and wildlife
corridor.
D. The preserved habitat will foster the incremental implementation of the HCP in an
effective and efficient manner in that the preservation of offsite conservation
area(s) will be within an identified Mitigation Area within the City, and contribute
toward assembling the total Mitigation Area preserve system.
E. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the HCP, as the subject mitigation lands will be
dedicated to the City of Poway in fee title and/or placed within a permanent BCE.
Section 3: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC), for Major Use Permit P 74-146M(2) for an existing facility expansion
consisting of an approximate 23,000-square-foot addition comprised of a new
1,000-person capacity worship space, an office and kitchen addition, a new youth
center, an expanded parking lot, and conversion of the existing worship space to
meeting rooms and social hall, in the northerly undeveloped portion of the site located at
13734 Twin Peaks Road, located in the Residential Single-Family 2 zone, are as follows:
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A. The existing Church has occupied the site for decades. The approval to
construct the proposed expansion will allow activities that are presently occurring
in the existing facilities on the St. Gabriel's Church campus. The proposed
expansion is a permitted use with the approval of a modification to the Major
Use Permit. Therefore, the proposed location, size, design, and operating
characteristics of the expansion in conjunction with the established Church, is
in accord with the title and purpose of PMC 17.4S.070.
B. The proposed expansion will enhance the existing development on the property
and is appropriate as an addition to the primary Church use on the site, as well
as being consistent with surrounding development. The building will meet
City standards for parking. Therefore, the location, size, design, and operating
characteristics of the use will be compatible with, and will not adversely affect or
be materially detrimental to, adjacent uses, residents, buildings, structures,
or natural resources.
C. The proposed expansion will comply with standards for scale, coverage and
density. Therefore, the harmony in scale, bulk, coverage, and density of the
project is consistent with adjacent development and will not have a harmful effect
upon the desirable neighborhood characteristics.
D. There are adequate public facilities, services, and utilities available at the subject
site.
F. The anticipated increase in traffic generation has been documented to result in
no significant increase in traffic impacts. Therefore, the capacity and physical
character of surrounding streets will not be impacted, and the project is consistent
with the Transportation Element of the General Plan.
G. The site is suitable for the type and intensity of use and development that is
proposed In that the project site is large enough to accommodate the
development.
H. There will not be significant harmful effects upon environmental quality and
natural resources in that the proposed project will be required to adequately
mitigate all impacts to habitat.
Section 4: The City Council hereby waives the fence requirement contained In
PMC 17.0S.170(B)(3) because it is not necessary along the north, west, and south sides
of the site in that these properties are occupied by non-residential uses. The property
to the north is San Diego Gas & Electric property and accommodates power transmission
lines. The property to the west is within an Open Space Easement. The property to
the southwest and south IS a Poway Unified School District maintenance and
vehicle storage facility. The City Council hereby waives the 50-foot building setback
requirement contained in PMC 17.0S.170(B)(3) because it is not necessary for the
Resolution No. P-09-29
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proposed Youth Center building because the property to the south is occupied by another
semi-public use.
Section 5: The City Council hereby waives the requirement for undergrounding of
existing overhead utilities along the property frontage on Budwin Lane, pursuant to
City Council Resolution 91-03 because the estimated cost of the undergrounding, the fact
that lines do not front any residential property, and the applicant is a non-profit use.
Section 6: The findings, pursuant to Government Code Section 66020 for the public
improvements, are needed as a result of the proposed development to protect the
public health, safety, and welfare, and are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because
all necessary facilities will be available to serve this project.
B. The construction of public improvements is needed as a result of the proposed
development to protect the public health, safety, and welfare as identified below
and further described in the conditions of approval:
1. Budwin Lane widening and associated improvements.
2. Twin Peaks median.
3. Installation of onsite fire hydrants.
C. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed to finance public infrastructure
improvements, which promote a safe and healthy environment for the residents of
the City.
Section 7: The findings, in accordance with Chapter 17.52 PMC, for DR 08-08 are as
follows:
A. The proposed expansion will be located adjacent to the existing Church and
will maintain an adequate separation from adjacent residential uses to the east,
and will not create a negative visual impact as viewed from the street and
neighboring properties. Proposed landscaping will soften the building from
such views. The building will utilize colors and materials that will help it blend in
with the existing buildings and other surroundings. Therefore, the building
respects the interdependence of land values and aesthetics to the benefit of the
City.
B. The proposed expansion is in character with existing development in the area and
will not negatively affect the views of adjacent property owners. The proposal
does not otherwise affect the boundaries of the lot or the design of the streets.
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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 proposed expansion is designed to minimize impacts on the surrounding
community by being located as far away as possible from adjacent residential
uses.
E. The proposed project will meet the required design regulations, and will otherwise
comply with all relevant codes and standards of the City of Poway. 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 8: The findings, in accordance with PMC 17.50.050, to approve Variance
08-12 to allow retaining wall heights up to 14 feet, where a 6-foot height is the maximum
allowed, are made as follows:
A. That there are special circumstances applicable to the property and, because of
this, the strict application of the Zoning Ordinance deprives the property
of privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The special circumstances are development of the site is
constrained due to the location of slopes and the presence of an archeological
resource area that will be preserved on the site; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other properties in the same vicinity and zone
that are not restricted by slopes and archeological resource areas; and
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity, in that the walls are earth-tone block that will blend
in with the landscaping; and
D. Granting of this Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone, in that other
properties with similar topographical constraints have been granted Variances for
over-height retaining walls; and
Resolution No. P-09-29
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E Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the Zoning Code, in that the proposed Church expansion is
permitted within the RS-2 zone with the approval of a Conditional Use Permit; and
F. Granting the Variance will be compatible with the City's General Plan because the
proposed Church expansion is permitted in the RS-2 zone with the approval of a
modification to the Major Use Permit.
Section 9: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.), for TPM 09-01 to: (1) consolidate six
separate lots into a single lot; (2) vacate existing road easements on the site, which are
not improved roadways or needed for access; (3) vacate an existing archeological
resource preservation easement on the site because it is no longer needed; and (4)
establish a new archeological resource preservation easement on another portion of the
site, are made as follows:
A. The Tentative Parcel Map is consistent with the General Plan in that: (1) a new
Open Space Easement will be established over a high-quality resource area on
the site which will replace a similarly sized Open Space Easement that will be
removed as it is no longer necessary since this area has been disturbed over the
years by unauthorized off-road vehicle activity, and (2) existing road easements
that are not needed for public use will be removed from the site.
B. The design and improvements required of the Tentative Parcel Map are consistent
with the General Plan, in that road improvements along Budwin Lane will be
provided in compliance with City design standards.
C. The site is physically suitable for the type and intensity of development proposed
in that the proposed project complies with the standards of the General Plan and
PMC, and is consistent with other development in the area.
D. The design of the Tentative Parcel Map is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or their habitat,
in that the anticipated impacts to biological resources will be mitigated to a level of
insignificance.
E. The design of the Tentative Parcel Map will not conflict with any easement by the
public at large, now of record, for access through or use of the property within
the proposed subdivision.
Section 10: The City Council hereby approves Modification to Major Use Permit
P 74-146M(2), Development Review 08-08, Variance 08-12, Minor Conditional Use
Permit 09-01, and Tentative Parcel Map 09-01 for an approximate 23,000-square-foot
addition to the existing Church, consisting of a new 1 ,OOO-person capacity worship space,
an office and kitchen addition, a new youth center, and an expanded parking lot. As part
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of the project, the existing worship space will be converted to meeting rooms and a social
hall. The project also includes a Variance to allow two retaining walls with heights up to
8 feet, which exceed the maximum 6-foot height allowance; a Minor Conditional Use
Permit to allow the temporary use of two prefabricated metal shipping containers for
storage of materials during construction; a request for an Underground Waiver to be
exempted from the requirement to underground existing overhead utilities on Budwin
Lane; and a Tentative Parcel Map to: (1) consolidate six separate lots into a single lot;
(2) vacate existing road easements on the site that are not improved roadways or needed
for access; (3) vacate an existing archeological resource preservation easement on site
because it is no longer needed; and, (4) establish a new archeological resource
preservation easement on another portion of the site, located at St. Gabriel's Catholic
Church at 13734 Twin Peaks Road, in the Residential Single-Family 2 zone, subject to
the following conditions:
A. This approval applies only to the subject project and shall not waive compliance
with all other sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and, (2) the
property owners shall execute a Covenant Regarding Real Property.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
residential uses.
D. The conditions of this Permit shall remain in effect for the life of the subject
Church, and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner.
E. Prior Conditions of Approval established under Resolution No. P-84-65 and
Resolution No P-94-08 remain in effect, unless superseded or deemed
unnecessary by this approval, as determined by the Director of Development
Services.
F. The project shall be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concerns that may have occurred during the past year.
G. The Church campus includes the 0.75-acre, legally separate lot located at
14726 Budwin Lane (also known as Assessor's Parcel Number 314-651-15),
which contains a single-family home and functions as the Church rectory.
Since the lot is a part of the Church campus, no access easement is needed
for the portion of the drive aisle leading to the northerly parking lot that crosses
over the lot at 14726 Budwin Lane. Additionally, since the lot is part of the
Resolution No. P-09-29
Page 8
Church campus, a 6-foot-high decorative masonry wall, as identified in
PMC 17.08.170(B)(3), is not required. If the lot at 14726 Budwin Lane is ever
sold, prior to or concurrent with the sale, the property owner shall establish an
access easement for the drive aisle which crosses the lot at 14726 Budwin Lane,
and shall construct a 6-foot-high decorative masonry wall along the lot's westerly
property line to the satisfaction of the Director of Development Services. The
property owner shall be responsible for providing the City a copy of the access
easement and photographs documenting construction of the wall.
H. Any changes in the approved use of the buildings will require the approval of a
modification to this Permit. Depending upon the scope of such changes, at the
discretion of the Director of Development Services, said modification may be
processed administratively or may be referred to the City Council for a public
hearing.
I Grading activity is not permitted on weekends or holidays unless approved in
writing by the City Engineer, pursuant to PMC 16.44,140.
J. The use of powered construction equipment, including equipment preparation,
shall be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday,
and shall be prohibited on Sundays and City recognized holidays, pursuant to
PMC 8.08.100.
K. New signage shall be in accordance with the Poway Sign Ordinance. The
necessary permits and approvals shall be obtained prior to the installation of any
signs.
L. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation"related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to payor perform any
settlement unless such settlement is approved by applicant.
M. Prior to the issuance of a Grading Permit, the applicant shall comply with the
following:
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Page 9
(Engineering)
1 Submit a precise grading plan for the development of the lot prepared on a
City of Poway standard sheet at a scale of 1" = 20', unless otherwise
approved by the City project engineer, in accordance with the submittal and
content requirements listed herein. Submittal shall be made to the
Development Services Department Engineering Division for review and
approval. The grading design shall be 100% complete at the time of
submittal, ready for approval and issuance of permit. Incomplete submittals
will not be accepted. The first submittal of the plans shall be by
appointment only.
SUBMITTAL REQUIREMENTS:
a. Transmittal letter.
b. Plan check fees (contact City project engineer).
c. Completed Grading Permit application, signed by the property
owner.
d. Eight copies of the grading plans (initial and subsequent submittals
until ready for City Engineer's approval).
e. Three copies of a preliminary soils/geotechnical report, prepared by
an engineer licensed by the State of California to perform such work,
shall be submitted with the grading plan.
t. Two copies of Preliminary Cost Estimate (initial and subsequent
submittals until ready for City Engineer's approval).
g. Two copies of the project's Drainage Study (initial and subsequent
submittals until ready for City Engineer's approval).
h One copy of the approved project conditions of approval.
I. One copy of reference maps or plans used for design of the site.
J. One copy of a current Preliminary Title Report (must be dated within
six months of the plan submittal date) and one copy of all easement
documents referenced in the report. All copies must be clear and
legible, faxed copies are usually not sufficient.
k. Two copies of a Water Quality Technical Report updated based on
the final design (initial and subsequent submittals until ready for City
Engineer's approval).
I. Two copies of a Storm Water Pollution Prevention Plan.
CONTENT REQUIREMENTS:
As a minimum, the grading plan shall show the following:
a. New driveways, in compliance with the specifications provided in
PMC 17.10.120F and 12.20.080, and including minimum structural
sections together with their elevations and grades.
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Page 10
b. Parking for the new parking lot, in compliance with the requirements
provided in PMC 17.42.030 and 17.42.050, and including minimum
structural sections per PMC 12.20.080, together with appropriate
horizontal and vertical controls.
c. A separate erosion control plan for prevention of sediment runoff
during construction.
d Low Impact Development (LID) measures and strategies that will
emphasize conservation and the use of onsite natural features
combined with engineered hydrologic controls to more closely reflect
pre-development hydrologic functions, This includes maximizing
infiltration, providing retention, slowing runoff, minimizing impervious
footprint, directing runoff from impervious areas to landscaping, and
constructing impervious surfaces to minimum possible widths.
e. All utilities (proposed and existing), together with their appurtenances
and associated easements. Encroachments are not permitted upon
any easement without an approved Encroachment Agreement!
Permit.
f. Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
g. All new slopes, with the maximum allowable slope of 2:1 (horizontal
to vertical). Tops and toes of graded slopes shall be shown with a
minimum 5-foot setback from open space areas and property lines.
Buildings setbacks from slopes shall conform to PMC 16.50.090.
h. The location of the Biological Conservation Easement and the
archeological Open Space Easement which will be established on
the site. These areas are to be protected during grading operations
and a note is to be put on the plan accordingly.
i. Method of roof drainage for any proposed buildings.
j. Trail easement location.
2. Drainage, Flood Damage Prevention, and Water Quality Control:
a. Provide two copies of a Drainage Study prepared by a registered
Civil Engineer. A storm drainage conveyance system shall be
designed to adequately convey storm water runoff without damage
or flooding of surrounding properties or degradation of water quality.
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The study shall use the 100-year storm frequency as the design
frequency for the drainage conveyance system, and a 2-year and
1 O-year storm for water quality control.
b The Drainage Study for the drainage conveyance system, based
on 100-year design criteria, shall be capable of handling and
disposing all surface water within the project site and all surface
water flowing onto the project site from adjacent lands. Said system
shall identify all easements, on and offsite, required to properly
handle the drainage. Concentrated flows across driveways are not
permitted.
c. The Drainage Study for water quality control shall compute rainfall
runoff characteristics from the project area including, at a minimum,
peak flow rate, flow velocity, runoff volume, time of concentration,
and retention volume. These characteristics shall be developed for
the 2-year and 10-year, Type I storm, of 6-hour or 24-hour duration
(whichever IS the closer approximation of the site's time of
concentration), during critical hydrologic conditions for soil and
vegetative cover. Storm events shall be developed using isopluvial
maps and in accordance with the San Diego County Hydrology
Manual. The drainage shall report the project's conditions of concern
based on the hydrologic and downstream conditions discussed
above. Where downstream conditions of concern are identified, th~
drainage study shall establish that pre-project hydrologic conditions
affecting downstream conditions of concern would be maintained by
the proposed project, satisfactory to the City, by incorporating in the
site design, source control, and treatment control requirements
identified in the approved SUSMP Project Plan.
d. The drainage study shall identify and calculate storm water runoff
quantities expected from the site and upstream of the site, and verify
the adequacy of all onsite or offsite facilities necessary to discharge
this runoff. The drainage system design shall be capable of
collecting and conveying all surface water originating within the site,
and surface water that may flow onto the site from upstream lands, in
accordance with City of Poway standards, and be based on full
development of upstream areas.
e. The drainage study shall evaluate the project's pollutants and
conditions of concern in accordance with Chapter 16.103 PMC,
Poway's Standard Urban Storm Water Mitigation Plan (SUSMP)
Ordinance. The analysis shall consider the project area's location
(from the larger watershed perspective), topography, soil and
vegetation conditions, percent impervious area, natural infrastructure
Resolution No. P-09-29
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drainage features, wet season groundwater depth and any other
relevant hydrologic and environmental factors to be protected
specific to the project area's watershed.
f. As part of the drainage study, a qualified, licensed professional
shall provide a report on proposed infiltration techniques
(trenches, basins, dry wells, permeable pavements with under-
ground reservoir for infiltration) regarding any potential adverse
geotechnical concerns. Geotechnical conditions such as: slope
stability, expansive soils, compressible soils, seepage, groundwater
depth, and loss of foundation or pavement subgrade strength should
be addressed, and mitigation measures provided.
g. As part of the drainage study, a field reconnaissance to observe and
report on downstream conditions, including undercutting erosion,
slope stability, vegetative stress (due to flooding, erosion, water
quality degradation, or loss of water supplies), and the area's
susceptibility to erosion or habitat alteration as a result of an altered
flow regime.
3. Water Quality Control - Design and Construction:
a. Provide two copies of a Water Quality Technical Report (WQTR)
prepared to address the design requirements of the City of Poway's
Standard Urban Storm Water Mitigation Plan (SUSMP) Ordinance.
All SUSMP requirements developed in the approved WQTR shall be
incorporated into the project design.
b. The project design shall incorporate LID and site design BMPs to
minimize directly connected impervious areas and to promote
infiltration using LID techniques as outlined in the County of San
Diego's LID handbook. Parking areas shall be designed to drain to
landscape areas. Private roads shall be designed to drain to
vegetated swales or landscaped areas.
c. Develop and implement appropriate Best Management Practices
(BMP's) to ensure to the maximum extent practicable (MEP) that
the project does not increase pollutant loads from the site. A
combination of respective storm water BMP's, including Site Design,
Source Control and Structural Treatment Control after the pollutants
and conditions of concern have been identified, shall be
implemented in accordance with the approved SUSMP Project Plan.
The pollutants and conditions of concern shall be evaluated from the
project's drainage study report and included in the WQTR.
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d. Design Structural Treatment Control BMP's in accordance with
the City of Poway's SUSMP. In accordance with the San Diego
Regional Water Quality Control Board Order No. R9-2007-0001 (San
Diego Municipal Storm Water Permit), volume or flow-based BMPs
shall be designed infiltrate, filter or treat the volume of runoff
produced by the 85th percentile 24-hour rainfall or the maximum
flow rate of runoff produced by the 85th percentile hourly rainfall
intensity. Chapter 16.107 PMC addresses treatment control design
requirements. Structural treatment control shall be of high or
medium removal efficiency for the primary pollutants of concern.
Controls that provide low removal efficiency should not be used.
e. Provide two copies of an Operation & Maintenance (O&M) plan in
accordance with Chapter 16.108 PMC. A Storm Water Management
Facilities Maintenance Agreement accepting responsibility for all
structural BMP maintenance, repair and replacement as outlined in
said O&M plan binding on the land throughout the life of the project
shall be recorded prior to issuance of a Building Permit.
4. Water Quality Control-Construction Storm Water Management Compliance
a. Provide proof of coverage under the General Permit for Discharges
of Storm Water Associated with Construction Activity (Construction
General Permit, 99-08-DWQ) prior to start of construction. This
project disturbs one or more acres of soil, or disturbs less than one
acre but is part of a larger common plan of development that in total
disturbs one or more acres. Construction activity subject to this
permit includes clearing, grading and disturbances to the ground
such as stockpiling or excavation. Proof of filing of the NOI and an
assigned Waste Discharge Identification Number shall be submitted
to the Department of Development Services, Engineering Division
prior to issuance of the Grading Permit.
b. Provide two copies of a Construction Storm Water Pollution
Prevention Plan (SWPPP) as required by the Construction General
Permit. The Construction SWPPP should contain a site map(s) which
shows the construction site perimeter, existing and proposed
buildings, lots, roadways, storm water collection and discharge
points, general topography both before and after construction, and
drainage patterns across the project. The Construction SWPPP
must list Best Management Practices (BMP's) the applicant will use
to protect storm water runoff and the placement of those BMP's.
Section A of the Construction General Permit completely describes
the elements that must be contained in a Construction SWPPP.
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5. Grading securities in the form of a performance bond and a cash deposit, or
a letter of credit shall be posted with the City prior to grading plan approval.
A minimum cash security for erosion control of $2,000 is required.
6. Following approval of the grading plans, posting of securities and fees, and
receipt of three copies of the approved plans, the applicant shall attend a
pre-construction meeting at the Development Services Department. The
scheduling request shall be submitted on a City standard form available
from the City's project engineer. The applicant's action plan that identifies
measures to be implemented during construction to address erosion,
sediment and pollution control will be discussed. Compliance for sediment
control shall be provided using the following guidelines, as directed by the
project inspector:
a. Provision of an onsite de-siltation basin with a minimum volume of
3,600 cubic feet per tributary acre drained.
b. Covering of all flat areas with approved mulch.
c. Installation of an earthen or gravel bag berm that retains a minimum
of three inches of water over all disturbed areas prior to discharge,
effectively creating a de-siltation basin from the pad.
d. Covering of all disturbed slopes prior to a forecast rain event with a
50% or greater probability of precipitation.
7. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing or grading. At a minimum, all
protected areas as shown on the approved grading plans are to be staked
under the direction of a licensed land surveyor or licensed civil engineer
and delineated with lathe and ribbon. As applicable, provide two copies of
a written certification, signed and sealed in accordance with the Business
and Professions Code, by the engineer of record stating that all protected
areas have been staked in accordance with the approved plans.
8. An Encroachment and Removal Agreement is to be executed for the
landscaping irrigation lines that will cross Budwin Lane to irrigate the street
trees to be planted on the east side of Budwin Lane.
9. A Blasting Permit is required for any blasting on the site. No rock blasting
shall be permitted until a pre-blast survey of surrounding properties is
conducted to the satisfaction of the City Engineer. During rock blasting,
seismic recordings shall be taken as required, for all blasts at locations and
levels required by the City Engineer. If rock crushing is proposed, the
applicant shall provide information to the City on the location of the crushing
Resolution No. P-09-29
Page 15
equipment and the hours of operation. The location of the equipment shall
be sited to minimize impacts on adjacent uses.
(Planning)
10. The applicant shall mitigate impacts to 3.83 acres of Coastal Sage Scrub
(CSS) and 0.31 acres of disturbed CSS at ratios prescribed in the
Poway Subarea Habitat Conservation Plan (PSHCP) for a total mitigation
requirement of 7.97 acres. Approximately 1.2 acres of the mitigation
requirement will be achieved by onsite preservation of remaining habitat
on the site, which is in the Mitigation Area, through a Biological
Conservation Easement (BCE) to be recorded on the site. A legal
description and plat of the BCE area shall be prepared and stamped by the
project engineer, and submitted to the Planning and Engineering Divisions
for review. Easement review fees are required and are the responsibility
of the applicant. The submittal shall be accompanied by a detailed and
clear site plan exhibit that delineates the habitat to be placed in the BCE,
with information as to the quality of the habitat. The balance of the
mitigation requirement will be achieved by either payment of a Habitat
Mitigation In-Lieu Fee at the established rate at the time of Grading Permit
issuance; preservation of offsite habitat, which is in the Mitigation Area,
through a BCE to be recorded on that property; utilization of available
surplus habitat of comparable quality within an existing BCE; or through
some combination of these specified methods. In the event that the
applicant proposes mitigation within an existing BCE that has available
surplus habitat, the applicant shall submit a written proposal to include the
amount of acreage within the existing BCE to be utilized for this project's
mitigation, the written authorization of the property owner with the BCE to
utilize the surplus habitat, and a letter with a map exhibit from a biologist
assessing the habitat type and quality within the BCE. Any new BCE, or
BCEs, shall be approved by the City Attorney, and shall be notarized and
recorded with the County of San Diego. In compliance with the HCP, the
City shall subsequently re-zone the mitigation land to Open Space-
Resource Management to ensure its permanent preservation. The BCE
limits shall be shown on the grading plan. The applicant shall be
responsible for installing City-issued signs to be posted on the site
identifying the limits of the BCE upon establishment of the BCE.
11. In the event that additional impacts to 0.81 acres of habitat occurs as result
of capping activities associated with preservation of archeological resources
within the archeological open space area on the site, which will be
determined at a future date, mitigation shall be provided as required by the
HCP and other requirements in effect at the time of habitat impact.
12. In accordance with Condition H of the Poway HCP Incidental Take Permit,
a take of active California gnatcatcher nests, which includes harassment of
Resolution No. P-09-29
Page 16
the bird due to grading noise and vibrations from February 15 through
July 1, is not permitted. Therefore, grading during this time frame will only
be permitted subject to the following conditions having been met, to the
satisfaction of the Director of Development Services.
a. The applicant is hereby advised that, during grading, if active nests
are found within 500 feet of the grading, the grading activity shall be
stopped until such time as mitigation measures, to the satisfaction of
the City and the United States Fish & Wildlife Service (USFWS), are
implemented. There is no guarantee that grading will be allowed
to resume during nesting season.
b. Before issuance of a Clearing/Grading Permit, if grading or clearing
is to occur between February 15 and July 1, the applicant shall
provide to the Planning Division a letter from a qualified biologist
retained by the applicant, with a scope of work for a CSS habitat and
Gnatcatcher Survey, and a report for the area to be cleared and/or
graded and CSS habitat areas within 500 feet of such area. The
biologist shall contact the USFWS to determine the appropriate
survey methodology. The purpose of the survey is to determine if
any active gnatcatcher nests are located in the area to be cleared or
graded, or in CSS habitat within 500 feet of such area. To be
considered qualified, the biologist must provide the City with a copy
of a valid Gnatcatcher Recovery Permit from the USFWS.
c. Should the report show, to the satisfaction of the Director of
Development Services, that gnatcatcher nests are not present within
the area to be graded/cleared, or within CSS habitat located within
500 feet of said area, approval may be granted to commence
clearing/grading within the gnatcatcher nesting season from
February 15 through July 1.
d. If gnatcatchers are present within the area to be graded/cleared, or
within CSS habitat located within 500 feet of said area, no grading
will be allowed during this time.
e. The biologist must attend the City's preconstruction meeting for the
project and must be present onsite during all clearing/grading
activities to monitor that the clearing/grading activities stay within the
designated limits. During this period, the biologist shall also monitor
and survey the habitat, on a daily basis, within the area to be
cleared/graded and any habitat within 500 feet of said area for any
evidence that a gnatcatcher nest(s) exists or is being built. Weekly
monitoring summaries shall be submitted to the Planning Division.
Should evidence of a gnatcatcher nest(s) be discovered, the grading
Resolution No. P-09-29
Page 17
operation shall cease in that area and be directed away from the
gnatcatcher nest(s) to a location greater than 500 feet away from the
nest(s). If grading is required to stop due to the presence of active
nests, the applicant shall be required to provide erosion control to the
satisfaction of the City Engineer. This paragraph must be included
as a note on the cover sheet of the clearing/grading plan.
f. At a minimum, all protected biological areas, as shown on the
grading plan, shall be staked by a licensed surveyor, and delineated
with lathe and ribbon. The applicant shall have said staking
inspected by the Engineering Inspector prior to any grading, clearing
or grubbing. A written certification from the engineer of work, or a
licensed surveyor, shall be provided to the Engineering Inspector
stating that all protected areas are staked in accordance with the
approved project plans.
g. The biologist shall provide the City with written confirmation that the
limits of clearing/grading are In accordance with the project's
Biological Resource Assessment.
h. Upon completion of the clearing/grading activities, the applicant's
biologist shall submit to the Director of Development Services a
biological monitoring report summarizing the daily observations of
the biologist, including whether any gnatcatchers or evidence of
active gnatcatcher nests were present during clearing and grading
activities within the area and any habitat within 500 feet of said area
13. Parking lot lighting in the northerly parking lot shall be designed to minimize
light impacts to the area of the Biological Conservation Easement (BCE).
Lights shall be low-pressure sodium, with full cut-off lighting on poles no
higher than 18 feet. Lights to be used on the northerly perimeter of the
parking lot adjacent to the BCE shall be lower level lighting that does not
cause light overspill into the BCE in excess of 1.5 foot candles.
14. The project site shall be landscaped and irrigated in compliance with the
City of Poway Guide 10 Landscape Requiremenls, including fire fuel
management requirements, and any other landscape/irrigation standards in
effect at the time of landscape plan check submittal. Landscape and
irrigation plans shall be submitted and approved prior to the issuance of the
Grading Permit. The submittal is separate from other plan check submittals
and is made to the Planning Division. Review fees are required and are
the responsibility of the applicant. The plans for permanent landscaping
and irrigation shall, at a minimum, show the following:
a. All existing and proposed trees including street trees. Street trees,
Resolution No. P-09-29
Page 18
with irrigation, shall be provided on the east side of Budwin Lane and
shall be the responsibility of the applicant. The balance of this area
is not required to be landscaped with ground cover and shrubs, but
may be at the applicant's discretion. If not landscaped, permanent
erosion control is to be provided and maintained by the applicant.
The applicant may, however, establish an agreement with the
property owner to the east adjacent to the improvements for
maintenance of the street trees and other landscaping or erosion
control.
b. Landscape and irrigation installation may be phased as shown
on the approved project phasing exhibit on file with the City. All
phasing shall be shown on the final project landscape and irrigation
plans, or at the discretion of the applicant, separate submittals for
each phase of landscape and irrigation may be submitted for review
and approval. Each separate submittal is subject to the payment of
a separate plan check fee.
c. Any areas of the project site that are graded for future buildings or
building additions (i.e,. not included in phase one) shall be
hydroseeded or landscaped and shall be shown on the landscape
plan.
If the site is graded and construction of the Phase 1 building does
not commence within 90 days of completion of the grading, all
manufactured slopes greater than a 5:1 slope shall be hydroseeded.
Prior to applying the hydroseed, the applicant shall submit a
landscape plan showing the type of hydroseed mix and method of
irrigation for approval by the Director of Development Services.
15 All new, two-way traffic aisles that intersect with parking spaces shall be a
minimum of 25 feet wide. New traffic aisles that do not intersect with
parking spaces shall be a minimum of 20 feet wide.
16. All new standard size parking spaces shall have a minimum dimension
of 18.5 feet by 8.5 feet and shall be double striped. A note shall be added
on the grading plan. Parking spaces shall be provided in accordance with
the approved project site plan on file in the Planning Division. The project
shall provide accessible parking facilities in accordance with State and
federal regulations, as determined by the Building Division
17. Mitigation to potential impacts to archeological resources onsite shall be
implemented as recommended in the project archeological resources report
prepared by Brian F. Smith and Associates, dated November 25, 2008,
specified as follows:
Resolution No. P-09-29
Page 19
a. All grading and trenching associated with the project, including on
and offsite work, shall be monitored full time by an archeologist and
Native American representative. Documentation shall be submitted
to the City which demonstrates that the applicant has secured
the assistance of the archeologist and the Native American
representative.
b. In the event that any discoveries are made during grading or
trenching that constitute a new or previously unrecognized
component of SDI-4606, the area of discovery shall be secured
from further disturbance until the consulting archeologist can
evaluate the discovery and determine an appropriate course of
action in consultation with the City, the Native American
representative, and the applicant.
c. Impacts to Locus B of SDI-4606, which is within the existing Open
Space Easement (OS E) that is being vacated as part of this project,
shall be mitigated through implementation of a data recovery
program as specified in the project's archeological resources report.
A Native American representative shall monitor the archeological
excavation activity. Any artifacts recovered shall be subjected to
standard archeological laboratory procedures required to analyze the
procedures. All recovered materials from the investigation shall be
curated by the City.
d. An OSE shall be established on Locus C of SDI-4606 as generally
shown in Figure 5.1-4 of the project's archeological resources report.
A more detailed specific area, or more specific areas if the areas are
non-contiguous, that is consistent with the general area shown in the
report may be ultimately established, as determined by the project
archeologist in consultation with the Native American representative.
In this case, appropriate documentation shall be provided to the City.
The grading plan shall depict the limits of the OSE. The OSE shall
be established on the project's final subdivision map. Additionally,
the OSE shall be established by separate instrument if the Grading
Permit is to be obtained before Final Map approval. If the OSE is
established by separate instrument, the applicant shall submit a
legal description and plat of the OSE area, prepared and stamped
by the project engineer, to the Planning and Engineering Divisions
for review. Easement review fees are required and are the
responsibility of the applicant. The area, or separate areas, shall be
protected by a temporary fence during construction, and by a
permanent fence in perpetuity after construction. The permanent
Resolution No. P-09-29
Page 20
fencing shall also include signs which clearly identify the area as
a resource preservation area. Prior to the issuance of the Grading
Permit the applicant shall submit an exhibit showing temporary and
permanent fencing for review and approval. Should the applicant
not wish to fence the resource area with a permanent fence in
perpetuity, the alternative protection measure of capping the site, as
identified in the project's archeological report, could be implemented,
subject to the City's review and approval of an Archeological
Resource Preservation Plan, that would be developed by the project
archeologist in consultation with the Native American representative.
e. In the event that human remains are encountered during grading or
trenching, all work in that area shall stop immediately and the
archeologist shall implement the procedure outlined in the project's
archeological report.
18. A Tree Removal Permit is required before the removal of any tree.
Replacement trees shall be provided in compliance with PMC 12.32.110.
19. Earth-tone decorative block, earth-tone "keystone" block, earth-tone colored
plaster finish over CMU block, or a similar earth-tone construction material
approved by the City, shall be used for all retaining walls. Accordingly,
a note shall be provided on the grading plan. A sample of the material or
material(s) shall be submitted to the Planning Division for review and
approval.
20. Pursuant to PMC 17.08.170(B)(3), a 6-foot-high fence shall be installed
along the easterly property line between the Church site and the adjoining
residential uses north of the Church rectory. Existing fences which
separate the Church site from adjoining residential uses shall satisfy this
requirement. However, the Church shall be responsible for providing a
fence where no fence currently exists, unless the Church provides written
documentation from the affected property owner that they do not want the
fence. Fences are to be installed before Grading Permit issuance, unless
documentation from the affected property owner is provided.
N. 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:
(Engineering)
1. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. Grading shall be in accordance with the Uniform Building Code,
the City Grading Ordinance, the approved grading plan, the approved soils
Resolution No. P-09-29
Page 21
report, and grading practices acceptable to the City.
2 Submit improvement plans, for the construction of public improvements,
prepared on a City of Poway standard sheet at a scale of 1" = 20', unless
otherwise approved by the City project engineer, in accordance with the
submittal and content requirements listed herein. Submittal shall be made
to the Development Services Department, Engineering Division, for review
and approval. The improvement design shall be 100% complete at the time
of submittal and ready for approval. Incomplete submittals will not be
accepted. The first submittal of the plans shall be by appointment only.
SUBMITTAL REQUIREMENTS:
a. Transmittal letter.
b. Plan check fees (contact City project engineer).
c. Eight copies of the improvement plans (initial and subsequent
submittals until ready for City Engineer's approval).
d. Three copies of a preliminary soils/geotechnical report, prepared by
an engineer licensed by the State of California to perform such work,
shall be submitted with the grading plan.
e. Two copies of Preliminary Cost Estimate (initial and subsequent
submittals until ready for City Engineer's approval).
f. Two copies of a drainage study using the 1 DO-year storm frequency
as the design criteria (initial and subsequent submittals until ready
for City Engineer's approval). The drainage system, based on this
design criteria, shall be capable of handling and disposing all surface
water within the project site and all surface water flowing onto the
project site from adjacent lands. Said system shall include all
easements, on and offsite, required to properly handle the drainage
as necessary. Concentrated flows across driveways are not
permitted.
g. One copy of the approved project conditions of approval.
h. One copy of reference maps or plans used for design of the site.
i. One copy of a current Preliminary Title Report (must be dated within
six months of the plan submittal date) and one copy of all easement
documents referenced in the report. All copies must be clear and
legible, faxed copies are usually not sufficient.
Resolution No. P-09-29
Page 22
J. Two copies of the City-approved Tentative Map.
CONTENT REQUIREMENTS:
As a minimum, the improvement plan shall show the following:
a. Twin Peaks Road improvements, along the project's south street
frontage as follows:
I. Raised concrete median, the width shall be in accordance
with the recommendation of the City Traffic Engineer and/or
the City Engineer;
II. Street re-striping and signage, to accommodate one left turn
lane pocket along the eastbound direction of Twin Peaks
Road for vehicular traffic to northbound Budwin Lane and/or
making a U-turn to westbound Twin Peaks Road;
III. Driveway approach, per San Diego Regional Standard
Drawings G-17, together with replacement of concrete curb,
gutter and sidewalk damaged by construction of new
driveway. The driveway construction shall incorporate ADA-
compliant sidewalk ramps.
b. Budwin Lane improvements, along the project's east street frontage
as follows:
i. Widen the roadway pavement to a minimum of 36.00 feet
wide, measured from curb face to curb face on each side of
the road. Required sidewalk to be provided on the east side
of Budwin Lane may be either contiguous to the curb or
separated from the curb by a landscape planter. Prior to
submittal of the detailed improvement plans, the applicant
shall submit a concept plan with the proposed design for City
concurrence. Reference of measurement shall be the existing
curb along the west side of the road. The structural section of
the new pavement shall be based on a Traffic Index of 6.0
and the Resistant Value of the underlying subgrade obtained
after subgrade grading preparation. The structural section
shall be reviewed and approved by the City prior to
construction;
ii. Concrete curb, gutter, and sidewalk along the easterly side of
the road, from Twin Peaks Road (south end) to the existing
Resolution No. P-09-29
Page 23
driveway serving the property east of the project's property
(north end).
iii. Street transition improvements, i.e., paving, concrete curb (or
AC berm if acceptable by the City Engineer), from the
aforementioned existing driveway northerly to existing
northerly improvements on Budwin Lane. Length of transition
shall be in accordance to Caltrans standard and specifications
and subject to the approval of the City Traffic Engineer and/or
the City Engineer.
IV. Street striping and signage.
v. ADA-compliant sidewalk ramps.
VI. Undergrounding of overhead utility lines. Applicant shall
coordinate with the respective utility companies as to location,
standards and specifications.
VII. Driveway approach, per San Diego Regional Standards, along
the west side of the road to serve the project. Driveway
design must take into consideration compliance with ADA
requirements on sidewalk or crosswalk design.
VIII. Slurry seal the entire street paving width from Twin Peaks
Road to the northerly end of Budwin Lane improvements as
required herein.
c. Existing and proposed utilities, particularly public sewer mains, public
water mains, and public drainage system.
d. Existing and proposed street lights along the project's frontage of
Twin Peaks Road and Budwin Lane.
e. Onsite public water main lines that is appurtenant to installation of
fire hydrants, as required by the City Fire Marshal.
3. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer from October 15 to April 15. The
developer shall maintain all erosion control devices throughout their
intended life.
4. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector and
the project's geotechnical engineer. Following completion of rough grading,
Resolution No. P-09-29
Page 24
please submit the following:
a. Three copies of certification of line and grade for the lot, prepared by
the engineer of work.
b. Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
5. Prior to start of any work within a City-held easement or right-of-way, a
Right-of-Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
6. The project requirements for fire protection call for the installation of one or
more fire hydrants and expansion of the public water system necessary
to support the installation of the hydrants. A water system analysis is
required for final design of the proposed public water system expansion.
Applicant shall pay for the cost of preparing the analysis prior to submittal
of improvement plans.
7. The applicant shall pay all applicable development impact fees in effect at
time of Building Permit issuance.
8. Applicant shall execute and record a Storm Water Management Facilities
Maintenance Agreement accepting responsibility for all structural
BMP maintenance, repair and replacement as outlined in the Operations
and Maintenance plan included in the agreement. The operation and
maintenance requirements shall be binding on the land throughout the
life of the project.
9. Submit documentation evidencing the expungement, abandonment,
extinguishment, or quitclaims to existing easement encumbrances affecting
the construction of improvements to the property that compromises the use
and intent of the easement(s).
10, Recordation of the Final Parcel Map.
(Building)
11. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Electrical/Building Permit issuance, including, but not
limited to, the 1997 UBC and the CCR Title 24.
Resolution No. P-09-29
Page 25
12. All entrances shall provide disabled person access to the satisfaction of the
Building Division.
(Planning)
13. Building Permit plans shall show the proposed colors and exterior building
materials. The materials and colors shall be consistent with the approved
colors and materials on file in the Planning Division.
14. Details of any new exterior lighting shall be included on the building plans,
including fixture type and design. All new exterior lighting fixtures that
would be on after 11 :00 p.m. shall be low-pressure sodium and designed
such that they reflect light downward, and away from streets and adjoining
properties. The maximum height of parking lot lights shall not exceed
18 feet above grade. Prior to submittal of the building plans, the applicant
shall submit to the Planning Division a lighting plan indicating which lights
are to remain on after 11 :00 p.m. for review and approval.
(Public Works)
15. Annex into Landscape Maintenance District 83-1A.
O. Prior to approval of the Final Parcel Map, unless other timing is indicated, the
following shall be completed:
(Engineering)
1 Within thirty (30) days from approval of the Tentative Parcel Map or
Development Review application, the applicant shall apply for issuance
of a letter of sewer availability (LOA), committing the City to reserve
sewerage availability to complete the project and make concurrent payment
to the City, a nonrefundable reservation fee equal to 20 percent of the
appropriate connection fee in effect the LOA is issued (PMC Section
13.08.020). The remaining balance of the sewer connection fee shall be
paid pursuant to the timeline established in Chapter 13.08 PMC.
The Parcel Map shall address the following:
a. Dedication of easements to the City for public water lines and other
City-maintained utilities or facilities, located within the development.
b. Dedication of additional public street rights-of-way, if any, for the
aforementioned required improvements to Budwin Lane and Twin
Peaks Road. The dedication of street rights-of-way through the
Parcel Map is limited within the boundary of the subdivision. Any
additional street rights-of-way outside the subdivision boundary shall
be made by separate instrument to be recorded prior to Parcel Map
approval.
Resolution No. P-09-29
Page 26
c. Vacation and/or abandonment of City-held easements, necessary for
the development of the project. Vacation and/or abandonment are
subject to approval of the City.
d. Dedication of a 10-foot-wide trail easement generally along the
northerly property line to the satisfaction of the Director of Public
Works.
P. The following requirements shall be completed to the satisfaction of the Director of
Safety Services:
1. Roof covering shall be fire retardant as per the California Building Code and
City of Poway Ordinance No. 64.
2. The buildings shall display their numeric address in a manner visible
from the access street. Minimum size of the building numbers shall be
6 inches on the front facade of the building. Building address shall also
be displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriff's Dept.-ASTREA criteria.
3. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of
not less than 20 feet of unobstructed width, with adequate roadway turning
radius capable of supporting the imposed loads of fire apparatus having a
minimum of 13'6" of vertical clearance. This 20-foot access width is the
minimum required for Fire Department emergency access. In most cases,
City Engineering standards will be more restricting. The more restrictive
standard shall apply. The Fire Chief, pursuant to the PMC, shall approve
the road surface type. This condition shall apply to roadways and the
promenade area as it also serves as a designated access roadway for fire
apparatus.
4. The building will be required to install an approved fire sprinkler system
meeting PMC requirements. The entire system is to be monitored by
a central monitoring company. Check valve assemblies with tamper
switches shall be monitored. The City Fire Marshal, prior to installation,
shall locate these fire protection devices. A separate plan submittal to the
fire department will be required. A water analysis will be required.
5. Fire sprinkler riser(s) shall be located within 10 feet of an ex1erior exit man
door or 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.
Resolution No. P-09-29
Page 27
6. A properly licensed contractor shall install an automatic fire alarm system
to approved standards. System shall be completely monitored by a U.L.
listed central station alarm company or proprietary remote station.
7. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
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 3A:20BC fire extinguisher is required for every 3,000 square
feet and 75' travel distance.
11. The addition of onsite fire hydrants is required. The City Fire Marshal
shall determine the location of the hydrants.
12. 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.
13. The site is within the Wildland Urban Interface area and is subject to all
WUI standards, including fire fuel management landscaping north of the
proposed Church and east of the adjacent PUSD parking area, as deemed
necessary by the City Fire Marshal.
N. Compliance with the following conditions is required prior to issuance of Certificate
of Occupancy:
(Engineering)
1. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
2. Record drawings, signed by the engineer of work, shall be submitted to
Development Services 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
Resolution No. P-09-29
Page 28
to issuance of occupancy and release of grading securities. At least
three weeks prior to a request for occupancy is recommended.
(Planning)
3. Site landscaping and irrigation, including Fire Fuel Management zones,
shall be installed per the approved project landscape and irrigation plans.
4. Fencing and signs, or other archeological resource preservation measures,
authorized through an approved Archeological Resource Preservation Plan
are to be completed to the satisfaction of the City.
5. The seatainer being used for temporary storage, which is located along
Twin Peaks Road, shall be removed from the site before issuance of a
Certificate of Occupancy for the new sanctuary building. The other
seatainer may be maintained on the site in a location not visible to the
public street and shall be removed prior to issuance of the last Certificate of
Occupancy, or final inspection if no Certificate of Occupancy is required,
6. Approved City signs delineating the limits of the BCE shall be installed.
O. The following performance standards shall apply for the life of the project:
1. The use of the facility 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
ancillary buildings shall not be used for assembly purposes at the same
time, if the concurrent use would result in an inadequacy of onsite parking.
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 PMC. At no time shall noise from any source
exceed the noise standards defined in the PMC.
4. In addition to the Temporary Use Permit requirements contained in Chapter
17.26 PMC, any temporary outdoor special event not accessory to the
Church 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 kept on after 11 :00 p.m. shall be low-pressure sodium
and maintained such that they reflect light downward, away from any road
or street, and away from any adjoining properties. In accordance with the
PMC, all site lighting, including architectural accent lighting that uplights
Resolution No. P-09-29
Page 29
religious iconic features or architectural features, shall be turned off after
11 :00 p.m., unless the lighting is necessary for safety or security purposes
and is low-pressure sodium.
6. The parking areas and driveway shall be well maintained.
7. All landscaping shall be adequately irrigated and well maintained at all
times In accordance with the City of Poway 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.
Section 11: The approval of Modification to Major Use Permit P 74-146M(2),
Development Review 08-08, Variance 08-12, Minor Conditional Use Permit 09-01,
Tentative Parcel Map 09-01, and Underground Waiver 09-01 shall expire on September
1 , 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.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 1st day of September 2009.
~~
Don Higginson,
ATTEST:
Resolution No. P-09-29
Page 30
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-09-29, was duly adopted by the
City Council at a meeting of said City Council held on the 1st day of September 2009,
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, REXFORD (Via Teleconference), KRUSE,
HIGGINSON
NOES: NONE
ABSENT: BOYACK
DISQUALIFIED: NONE
a A. Troyan, MMC, City Clerk
y of Poway