Res P-10-13RESOLUTION NO. P -10 -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 02 -11M
ASSESSOR PARCEL NUMBER 314 - 370 -39
WHEREAS, Conditional Use Permit 02 -11M was submitted by Ner Tamid
Synagogue, a proposal to modify CUP 02 -11 to expand the scope of the private pre-
school operating on the Ner Tamid Synagogue property to include classes for
elementary age students; additionally, the maximum enrollment at the school would be
increased from 50 to 85 students. The school is located at 15318 Pomerado Road,
within the Rural Residential C zone; and
WHEREAS, on October 29, 2002, the City Council approved Resolution P -02 -63
approving the phased construction of a 17,000- square -foot sanctuary, office, classroom
building, and a 12,000- square -foot multi - purpose building for the establishment of a
synagogue, a pre - school and a religious school at 15318 Pomerado Road, and use of
modular buildings on the site during the initial development phases of the project; and
WHEREAS, on April 6, 2010, a duly advertised public hearing was held to solicit
comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council has considered the Environmental Initial Study (EIS) and
Negative Declaration (ND). The subject EIS and ND documentation are fully
incorporated herein by this reference. The City Council finds, on the basis of the whole
record before it, that there is no substantial evidence the project will have a significant
impact on the environment, and that the ND reflects the independent judgment and
analysis of the City. The City Council hereby approves the ND.
Section 2 : The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC) for the approval of Conditional Use Permit 02 -11M to modify
CUP 02 -11 to expand the scope of the private pre - school operating on the Ner Tamid
Synagogue property to include classes for elementary age students; additionally, the
maximum enrollment at the school would be increased from 50 to 85 students, are
made as follows:
A. The school is a permitted use in the Rural Residential C zone with the approval
of a Conditional Use Permit. Therefore, the proposed location, size, design and
operating characteristics of the uses are in accordance with the title and purpose
of PMC 17.48.070, the purpose of the zone in which the site is located, the City
General Plan, and the development policies and standards of the City.
B. The school has been designed to comply with the Poway General Plan and
PMC, and will be consistent with surrounding development. Additionally, the
school has operated in compliance with the conditions of approval of CUP 02 -11
Resolution No. P -10 -13
Page 2
and without complaint from the neighborhood since it was established. Therefore,
the location, size, design and operating characteristics of the school will be
compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, structures, or natural resources.
C. The school building meets standards for scale, coverage and density. Therefore,
the harmony in scale, bulk, coverage and density of the project is consistent with
adjacent uses.
D. There are public facilities, services and utilities available to the site.
E. The school has been designed to comply with the Poway General Plan and PMC
standards, and the use has operated compatibly with surrounding development.
Therefore, there will be no harmful effect upon desirable neighborhood
characteristics.
F. The school has not resulted in a significant impact on the character or the
intensity of the transportation system in the vicinity and is found to be consistent
with the Circulation Element of the General Plan.
G. The school is allowable on land zoned Rural Residential C, and the property is
located in an area with suitable circulation and other infrastructure. The
surrounding development is compatible with the proposed uses. Therefore, the
site is suitable for the childcare facility.
H. The use involved has no hazardous materials or processes, nor does it
significantly affect natural resources. Therefore, there will not be significant
harmful effects upon environmental quality and natural resources.
I. There are no other relevant negative impacts of the use that cannot be mitigated.
J. The impacts, as described above, and the location, size, design and operating
characteristics of the use and the conditions under which it operates or is
maintained will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity, nor be contrary
to the adopted General Plan.
Section 3 : The City Council hereby approves Conditional Use Permit 02 -11M, a
proposal to modify CUP 02 -11 to expand the scope of the private pre - school operating
on the Ner Tamid Synagogue property to include classes for elementary age students;
additionally, the maximum enrollment at the school would be increased from 50 to 85
students. The approval is subject to the following conditions:
Resolution No. P -10 -13
Page 3
A. 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, directly related to the City Council's approval of the
applicant's request to modify Conditional Use Permit 02 -11 to allow Montessori
classes for elementary age students, and to increase the maximum enrollment of
the applicant's school from 50 to 85 students. This indemnification includes any
action to attack, set aside, void, challenge, or annul the development approval
described above and any environmental document or decision associated with
the development approval described above. 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 pay or perform any settlement unless such
settlement is approved by applicant. This indemnification provision shall be
applicable only to those claims, actions and proceedings filed within 90 days from
the date of the final approval by the City Council of the applicant's request to
modify Conditional Use Permit 02 -11, in accordance with the statute of limitations
set forth in Code of Civil Procedure 1094.6.
B. Approval of this Conditional Use Permit request shall apply only to the subject
project and existing uses, and shall not waive compliance with all sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the time of
Building Permit issuance.
C. 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 which states
that the applicant must abide by the conditions contained in this Resolution.
D. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses.
E. The conditions of this CUP shall remain in effect for the life of the project and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
F. Conditional Use Permit 02 -11M may be subject to annual review, as determined
by the Director of Development Services, for compliance with the conditions of
approval and to address unresolved operational concerns that may have been
raised during the prior year.
Resolution No. P -10 -13
Page 4
G. Development on the site must comply with the Poway Noise Ordinance, Chapter
8.08 PMC. Construction work is specifically regulated by PMC 8.08.100.
H. Any changes in the approved use of the building, including, but not limited to, the
number of students, the hours of operation, or the seat capacity in the assembly
area, that results in an increase in required parking, will require the approval of a
modification to this Conditional Use Permit. Depending on 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. Presently, the site has been developed with the first phase of the permanent
sanctuary building (5,999 square feet). The applicant shall obtain a Building
Permit prior to the construction of subsequent phases of the 17,000- square -foot
synagogue or 12,000- square -foot multi - purpose building. Compliance with the
following conditions is required prior to issuance of a Building Permit.
1. The site shall be developed in accordance with the approved site plan and
elevations on file in the Development Services Department and the
conditions contained herein.
(Engineering)
2. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance. Development impact fees for the existing 6,000 -
square -foot permanent structure are considered paid in full. All water,
traffic, park, and drainage development impact fees for the project are
considered to be paid in full, provided that the project scope does not
significantly change from the original approval as determined by the City
Engineer. The remaining fees for project Phases 1 B and 2 include, but are
not limited to, sewer and Fire Department facilities /apparatus/ vehicle.
These remaining fees will be assessed at the time of Building Permit
issuance. Please note that credit will be given for sewer fees paid for the
existing modular buildings.
(Planning)
3. The building plans shall depict all roof appurtenances, including air
conditioners, architecturally integrated, screened from view and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services.
4. The building plans shall identify the exterior building colors and materials
consistent with the approved project plans on file in the Development
Services Department.
Resolution No. P -10 -13
Page 5
5. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric
Code, Uniform Fire Code and all other applicable codes and ordinances in
effect at the time of Building Permit issuance.
6. Details of any exterior lighting shall be included on the building plans,
including fixture type(s) and design. All exterior lighting fixtures are
required to be low- pressure sodium and designed such that they reflect
light downward, and away from streets and adjoining properties. Parking
lot lights shall not exceed a maximum height of 18 feet from the finished
grade.
J. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per CBC Section 1505, and City of
Poway Ordinance No. 64 and its amended Ordinance No. 526.
2. The buildings shall display their numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be six (6)
inches on the front facade of the building. The address shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriffs Department ASTREA criteria.
3. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with an 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, and having a minimum of 13 feet, 6 inches of vertical
clearance. The road surface type shall be approved by the City Engineer,
pursuant to the PMC.
4. The building will be required to have an approved fire sprinkler system
meeting PMC requirements installed. The entire system is to be monitored
by a central monitoring company. System post indicator valves with
tamper switches, also monitored, are to be located by the City Fire
Marshal prior to installation.
5. An automatic fire alarm system shall be installed to approved standards by
a properly licensed contractor. The system shall be completely monitored
by a U.L. listed central station alarm company or proprietary remote
station.
6. A hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. Plans to be submitted and approved prior
to installation.
Resolution No. P -10 -13
Page 6
7. A "Knox" Security Key Box shall be required for the buildings at a location
determined by the City Fire Marshal. A "Knox" padlock shall be required
for the fire sprinkler 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 3A:40BC fire extinguisher is required for every 3,000 square
feet and 75 feet of travel distance.
11. If an elevator is installed, it shall be sized to accommodate a normal
hospital gurney. Minimum dimensions for the inside car platform shall be
6'8" wide by 4'3" deep. This requirement does not apply to the modular
buildings.
12. Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit man
door or shall be located inside an enclosed closet with an exterior access
man door. The door shall be labeled with a sign indicating "Fire Sprinkler
Riser." When the closet method is chosen, applicant shall provide 36
inches of clearance from the standpipe or attached additional risers,
accessible by a 3'0" man door.
K. , Prior to issuance of a Certificate of Occupancy for each development phase, the
applicant shall comply with the following:
All Phases
1. The site shall be developed in accordance with the approved plans on file
in the Development Services Department for both CUP 02 -11 and DR 02-
16, along with the conditions contained therein /herein. A final inspection
from the appropriate City departments will be required and approval for
occupancy obtained.
2. All graded slopes and parking lot planter areas shall be planted and
irrigated in accordance with the approved landscape plans. If parking lot
improvements are phased, the associated parking lot planter areas shall
also be completed.
3. Driveways, drainage facilities, slope landscaping and protection
measures, and utilities shall be constructed, completed and inspected by
the Engineering Inspector.
Resolution No. P -10 -13
Page 7
4. An adequate drainage system capable of handling and disposing all
surface water shall be provided, to the satisfaction of the Engineering
Inspector.
5. All proposed utilities within the project site shall be installed underground.
6. 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 to issuance of occupancy and release of grading securities.
7. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. The trees shall be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety.
Phase II
1. Completion of all items listed under Condition K. in the All Phases section.
Phase III
1. Completion of all items listed under Condition K. in the All Phases section.
2. All of the modular buildings shall be removed from the property and the
site restored in conformance with the approved construction plans, to the
satisfaction of the Director of Development Services.
L. The following performance standards shall apply to the Synagogue /private
school /religious school upon establishment of the uses:
1. The use of the main sanctuary building and multi - purpose building shall be
limited to education and religious activities, along with related accessory
uses.
2. The maximum student enrollment permitted for the private school is 85
and individual class size shall not exceed 28 students per class. The
maximum student enrollment for the religious school is 90.
3. The activities of the main sanctuary building and multi - purpose building
shall not occur in such a manner as to create adverse impacts on the
circulation and parking on surrounding public streets and La Manda Drive.
Resolution No. P -10 -13
Page 8
4. The facility shall be operated in such a manner as to minimize any
possible disruption by noise, and shall comply with the noise standards
contained in Chapter 8.08 PMC. At no time shall equipment noise from
any source, or any loudspeaker sound amplification system, exceed the
noise standards contained in the Poway Municipal Code.
5. The parking areas and driveways shall be well maintained.
6. 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.
7. La Manda Drive shall not be used for parking.
8. The southernmost row of parking shall be barricaded off and only used if
there are not enough parking spaces in the remainder of the parking lot for
the approved uses to occur.
9. Parking lot lights shall be turned off when there are no activities occurring
on the site. Security lighting is permitted to remain on, provided it has
proper shielding and does not create glare on adjacent properties.
Consideration shall be given to the use of motion sensor security lights
where appropriate.
M. If the private school, religious school and /or synagogue /worship use for which
CUP 02 -11M was issued terminates or ceases operation for a continuous period
of time in excess of 180 calendar days except for: (1) destruction or damage by
acts of God; (2) destruction or damage by malicious acts; or (3) remodeling or
rehabilitation requiring prolonged closure, such remodeling or rehabilitation shall
be continuously and diligently pursued; that use component (private school,
religious school and /or synagogue /worship use) of the use permit shall expire,
and shall thereafter be of no further force or effect.
Section 4: Resolution No. P -02 -63 approving CUP 02 -11 approving the construction
of a 17,000- square -foot sanctuary, office, classroom building and a 12,000- square -foot
multi - purpose building for the establishment of a synagogue, a pre - school and a
religious school at 15318 Pomerado Road is hereby rescinded, effective upon
establishment of the use in reliance of the approval of CUP 02 -11 M.
Section 5 : The approval of Conditional Use Permit 02 -11 M shall expire on April 6,
2012, at 5:00 p.m. unless, prior to that time, use in reliance on this CUP approval has
commenced prior to its expiration.
Resolution No. P -10 -13
Page 9
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 6`" day of April 2010.
t �-
C1Z
Don Higginson, M or
ATTEST:
Lin royan, MMC, City Clerk
Resolution No. P -10 -13
Page 10
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P- 10 -13, was duly adopted by
the City Council at a meeting of said City Council held on the 6 th day of April 2010, and
that it was so adopted by the following vote:
AYES: Boyack, Cunningham, Rexford, Kruse, Higginson
NOES: None
ABSENT: None
DISQUALIFIED: None