Covenant Regarding Real Property 2010-03283753kr%L;,;UKU1NG REQUEST BY:
0 j CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APNs: 317 - 021 -18 and 30
D O C # 2010-0328375
111111111111111111111111111111111111111111111111111111111111111111111 IN
JUN 29, 2010 3:59 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER., COUNTY RECORDER
FEES: 103.00
PAGES: 32
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Chinmaya. Mission San Diego, OWNER ( "OWNER" hereinafter), is the owner of real
property described in Exhibit A, which is attached hereto and made apart hereof, and which
is commonly known as APNs -317- 021 -18 and 30 ( "PROPERTY hereinafter).
In consideration of the approval of CUP 09 -01 by the City of Poway ( "CITY"
hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in the
attached Resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit of
the future owners, encumbrances, successors, heirs, personal representatives, transferees
and assigns of the respective parties.
In the event that CUP 09 -01 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by CUP 09 -01, upon the request of the OWNER the City shall
expunge this Covenant from the record title of the PROPERTY and CUP 09 -01 shall be
of no further force or effect.
If either party incurs costs as a result of filing a civil action to 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.
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Chinmaya Mission San Diego
Dated: I o ,
(Notarize)
Ski NiV�IS
Print Name
Its: N-E—S' i b EN i
CITY 70 P AY:
Dated: By:
114brert J. Manis, Ir ctor &Laevelopment Services
M: \planning \10report \cup \CUP 09 -01 Chinmaya \cov.docx
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State of California l
County of 54, rat a J}
On 22?4' P)Q an)o before me, CA T4 - // -✓a�j 4y! ✓ CC'-
Date Here Insert Name and Title of ne officer
personally appeared SS1, n1".5 54`kw iaeo
Name(s) of S,mtr(s)
.....,.ATE..
who proved to me on the basis of satisfactory evidence to
be the person(s) -whose name(re subscribed to the
within instrument and ackno ledged to me that
c�he /they executed the same in I er/their authorized
pacity(ies)~and that by 4eer /th it signature(s)�n the
instrument the perscini the entity upon behalf of
which the persort(s)-4cted, 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 dam^ ah 61 3, 4
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: 22),p4 U,, Q -)of- v Number of Pages: 7f>•`{)
Signer(s) Other Than Named Above: 5,A-6I t .. -M N `A T n
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer—Title(s): _
• Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
' - OF HUMBPRINr
:'. OF SIGNER . '.a
Tor� here
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
s°! OF SIGNER'
®2007 National Notary Association, 9350 De Sob Aye., P.O. Bcx 2402 . Chatsworth, CA 91313 -2402• wvrv+.Nafionalrlotaryorg Item #5907 ReooJer: Call Toll- Free 1600-8766827
Exhibit A
Real property in the City of Poway, County of San Diego, State of California, described as follows:
PARCEL 1:
THE SOUTHERLY 260.00 FEET OF THE EASTERLY 330.00 FEET OF LOT 35 OF TRACT "F" OF
POWAY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF N0, 536, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MAY 7, 1888.
PARCELIA
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE
LINES AND APPURTENANCES THERETO OVER, UNDER ALONG AND ACROSS THE SOUTHERLY
260.00 FEET OF THE WE57ERLY 30.00 FEET OF THE EASTERLY 360.00 FEET OF LOT 35, OF
TRACT "F" OF POWAY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 7, 1888.
PARCEL 2:
LOT 36 IN TRACT "F" OF POWAY, IN THE QTY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 7, 1888.
EXCEPTING THEREFROM THE EAST 217,19 FEET OF SAID LOT.
APN: 317 - 021 -18 -00 and 317 - 021 -30 -00
RESOLUTION NO. P -10 -23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 09 -01,
DEVELOPMENT REVIEW 09 -01 AND VARIANCE 09 -02
ASSESSOR'S PARCEL NUMBERS 317 - 021 -18 and 30
WHEREAS, a request for Conditional Use Permit 09 -01, Development Review
09 -01, and Variance 09 -02 were submitted by Chinmaya Mission San Diego to construct
a 30,982- square -foot spiritual center and to: (1) allow required parking to encroach into
the 40 -foot front yard setback, (2) maintain a 20 -foot side yard building setback where
50 feet is required, and (3) exceed the 6 -foot maximum height limit for a fence and
retaining wall combination. The subject project site consists of two vacant parcels at the
western terminus of the 9th Street cul -de -sac, in the Rural Residential -C zone; and
WHEREAS, the City Council has read and considered the Agenda Report for the
proposed project and has considered other evidence presented at the public hearing; and
WHEREAS, on June 15, 2010, the City Council held a public hearing on the
above - referenced item.
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 biology, and traffic and
transportation. The City Council therefore finds that all of the potential environmental
concerns can be mitigate 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 (Poway HCP), a
biological report prepared by RC Biological Consulting, Inc., dated March 30, 2010, was
submitted for the property. Project development will impact approximately 2.83 acres of
Diegan Coastal Sage Scrub (DCSS). In accordance with the Poway HCP, mitigation for
the removal of DCSS habitat for Conditional Use Permit 09 -01, Development Review
09 -01, and Variance 09 -02 is as follows:
A. The proposed project site is inside the Mitigation Area of the Poway HCP. The
property is also partially within the Van Dam Cornerstone Biological Core and
Linkage Area (BCLA) and the Resource Conservation Area (RCA) that is outside
the BCLA of the Poway HCP. The mitigation is consistent with and furthers the
implementing objectives of the Poway HCP in that the applicant will mitigate
impacts to approximately 2.83 acres of DCSS habitat at a 2:1 ratio (5.66 acres).
The mitigation for approximately 2.82 acres of DCSS will be onsite, and will be
placed in a Biological Conservation Easement of which 0.23 acres of DCSS is
recovering from previous brushing activities conducted by the prior property owner
EXHIBIT B
Resolution No. P -10 -23
Page 2
and therefore only counts as 1/2 mitigation credit. The remaining 3.07 acres of
mitigation, including additional 1.2 mitigation credits for the 0.23 acres of
recovering DCSS, will require the purchase of similar quality habitat within the
identified Mitigation Area of the Poway HCP or payment of an In -Lieu Fee for the
future purchase of habitat.
B. The project site consists of two parcels. Pursuant to the Poway HCP, habitat
impacts are limited to two acres per parcel. The proposed 2.83 acres of habitat
removal is well under the allowable 4 acres of habitat removal for this project.
As the project will be preserving habitat onsite within the BCLA and RCA area, and
other offsite areas in the Mitigation Area, it is meeting the goal of the Poway HCP.
The southerly parcel of the project site is partially within the Van Dam Cornerstone
BCLA. The remaining portion of the south parcel is in the RCA. The northerly
parcel of the project site is entirely within the RCA. The Poway HCP states that
80% of natural habitats in Rural Residential BCLA and 50% of natural habitat
within the RCA, but outside the BCLA, shall be preserved as biological open
space. The project proposes 40 percent preservation of the habitat onsite in the
BCLA area and 80 percent preservation of the habitat onsite in the RCA area. The
proposed onsite Biological Conservation Easements are contiguous with a nearly
100 percent preserved, 124 -acre parcel to the west and northwest owned by the
California Department of Fish and Game. Therefore, the project meets the intent
of the 80 percent preservation goal of the Van Dam Cornerstone BCLA and Poway
HCP.
C. The preservation of 2.82 acres of DCSS habitat within the Mitigation Area, the
Van Dam Cornerstone BCLA, and the RCA will contribute toward the building of
the ultimate total Mitigation Area preserve system of the Poway HCP, since the
dedication will be sited to be contiguous to existing open space areas and will
contain high quality habitat. Therefore, such habitat preservation will serve to
enhance the long -term viability and function of the preserve system in that it will
permanently preserve 2.82 acres of habitat onsite, and either preserve 3.07 acres
of DCSS offsite in an identified Mitigation Area of the Poway HCP or pay an
In -Lieu Fee.
D. The mitigation will be to the long -term benefit of the covered species and their
habitats in that the recordation of a Conservation Easement Deed over an area of
undisturbed and unencumbered habitat, will promote a meaningful addition to the
assembly of a viable regional system of interconnected natural habitat resources,
habitat linkages, buffers and wildlife corridors since it will permanently preserve
2.82 acres of DCSS onsite, which is contiguous to undeveloped land to the west
and northwest. The mitigation will also include the purchase of 3.07 acres of
DCSS offsite within the mitigation area or the payment of an In -Lieu Fee to allow
the purchase of habitat. The mitigation will enhance the long -term viability and
function of the preserve system.
Resolution No. P -10 -23
Page 3
E. The mitigation will foster the incremental implementation of the Poway HCP in an
effective and efficient manner in that the habitat will be preserved onsite
contiguous to other preserved habitat areas or vacant land.
F. The preserved habitat will not result in a negative fiscal impact with regard to the
successful implementation of the Poway HCP as the subject mitigation lands will
be placed within permanent Biological Conservation Easements or In -Lieu Fees
will be paid.
Section 3: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for CUP 09 -01, to allow a religious facility to be located at the western terminus of
the 9th Street cul -de -sac are as follows:
A. The proposed spiritual center is consistent with the title and purpose of Section
17.48.070 of the Poway Municipal Code, the purpose of the zone in which the site
is located, the City General Plan, and the development policies and standards of
the City in that religious uses are permitted in the RR -C zone; and
B. The location, size, design and operating characteristics of the Chinmaya Spiritual
Center will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses as the schedule of the religious facility is offset from
Pomerado Elementary School, and the scale and colors of the spiritual center
buildings are consistent with neighboring school and residential development; and
C. The harmony in scale, bulk, coverage and density of the spiritual center use will be
consistent with adjacent uses because the site will be developed with facilities and
buildings that have been designed to be compatible with surrounding structures;
and
D. The proposed spiritual center use will not affect existing public facilities, services
and utilities at the site; and
E. The proposed spiritual center use will not have a harmful effect upon desirable
neighborhood characteristics because the spiritual center will be concentrated
away from neighboring residential uses, and restrictions on hours and nature of
operation will be included in the project; and
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and /or the Circulation Element of the General
Plan in that the Level of Service of the streets in the area is at an acceptable level,
and the increase in traffic from the spiritual center will not be significant given the
existing traffic volumes and flows in the area and the majority of the traffic will
occur on off -peak hours. The design of the new 9th Street private road extension
will adequately serve the spiritual center and other future neighboring residences.
Resolution No. P -10 -23
Page 4
Required striping in the existing 9th Street cul -de -sac will direct traffic, and there
will be adequate parking facilities to serve the proposed spiritual center; and
G. The site is suitable for the type and intensity of use, in that the spiritual . center will
act as a buffer between surrounding single - family residential uses, and multi-
family, commercial and public elementary school development to the east. The
size and scope of the facility conforms to development standards, except as
provided for by a Variance as discussed below; and
H. The proposed development will not have significant harmful effects upon
environmental quality and natural resources in that the removal of 2.83 acres of
Diegan Coastal Sage Scrub will be mitigated at a 2:1 ratio as discussed in Section
2 above. The mitigation requirements will enhance the long -term viability and
function of the preserve system; and
I. There are no other relevant negative impacts of the development that cannot be
mitigated; and
J. The proposed religious use 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; and
K. The proposed spiritual center use will comply with each of the applicable
provisions of Title 17 of the Poway Municipal Code except for approved variances.
Section 4: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 09 -02 to: (1) allow the required parking spaces on the north
parcel and south parcel of the project site to maintain a 0 -foot and 25 -foot front yard
setback, respectively, when a 40 -foot front yard setback is required in the RR -C zone,
(2) maintain a 20 -foot side yard building setback along the east property line when
50 feet is required for a semi - public use in any residential zone, and (3) exceed the
maximum 6 -foot height limit for a fence and retaining wall combination, for the proposed
spiritual center at the end of 9th Street cul -de -sac, within the RR -C zone 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 include: (1) the project site is unusually
shaped in that it consists of two parcels that are offset and separated by an access
easement, (2) the developable area of the two parcels is reduced by
approximately 50 percent due to the requirement to locate the spiritual center
facility, including the parking lot, within areas that are 10 percent or less in slope,
(3) the 60- foot -wide road easement across the site further reduces the
developable area of the project site by 19,800 square feet and creates a front yard
Resolution No. P -10 -23
Page 5
setback on both sides of the easement, (4) the 60 -foot width of a private road
easement excessive, and (5) a 48- inch - diameter eucalyptus tree that the spiritual
center wishes to preserve limits the developable area because it is located within
the less than 10 percent slope area; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in that the Chinmaya
Spiritual Center will have a parking lot that is separated from the street with a
landscape planter averaging approximately 20 feet in width similar to the existing
RR -C zoned pre - school and elementary school development located to the east.
The parking lot on the south side of the easement will maintain a 25 -foot setback.
The guardrail and fence on top of the retaining wall that exceeds 6 feet in height
combined is required to ensure pedestrian safety and site security; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that landscaping will be provided between the
new 9th Street extension and the parking lot/spaces,.the proposed 20 -foot buffer
along the east property line will be adequate between the new spiritual center and
neighboring elementary school use, and the guardrail and fence on top of the
retaining wall will provide pedestrian safety and site security while minimizing
visual impact; and,
D. That 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
existing neighboring RR -C zoned properties are developed with other semi - public
or public uses such as a preschool or elementary school, respectively; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RR -C zone because a religious facilities is permitted with
approval of a CUP; and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 5: The City Council hereby waives the fence requirement contained in Section
17.08.170(B)(3) of the PMC because it is not necessary along the west property line of
the southerly parcel or the east property lines of both parcels in that the neighboring
properties are currently occupied or proposed to be occupied by non - residential uses.
The neighboring property to the west is owned by a State public agency for purpose of
habitat preservation. The neighboring property to the east of the southerly parcel is
Pomerado Elementary School. The vacant neighboring property to the east of the
northerly parcel was previously occupied by a preschool. The City is currently processing
a Conditional Use Permit to reestablish a preschool on this site. The fence requirement
is waived along the east property line of the northerly lot, if the preschool Conditional Use
Permit has been approved prior to occupancy of the Chinmaya Spiritual Center.
Resolution No. P -10 -23
Page 6
Section 6: The findings, in accordance with Section 17.52 of the Poway Municipal
Code, for DR 09 -01 are made as follows:
A. The project is consistent with the Poway General Plan and has been designed to
comply with Rural Residential C and semi - public use standards, except for the
setbacks for front and side yard, and height for a fence /retaining wall combination,
for which a Variance can be supported; and
B. The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the project's infrastructure improvements, grading and
buildings are in compliance with all City development standards; and
C. That the project is in compliance with the Zoning and Grading Ordinances in that
the project complies with all City development standards, except for the setbacks
for front and side yard, and height for a fence /retaining wall combination, for which
a Variance approval can be supported, and in that the buildings, outdoor facilities
and parking lots are located on the flatter portion of the project site; i.e., within
slopes no steeper than 10 percent in accordance with the Poway's Zoning Code
regulations and General Plan policies pertaining to semi - public uses located in
rural residential areas; and
D. That the development encourages the orderly and harmonious appearance of
structures and property within the City as the proposed structure is consistent with
and complementary to nearby developed properties.
Section 7: The findings in accordance with Government Code Section 66020 for the
public improvements 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 services and facilities will be available to serve this project. The
payment of fees toward public improvements and construction of public
improvements are 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. The project requires payment of fees, which are assessed on a pro -rata
basis to finance and provide public infrastructure improvements to promote
a safe and healthy environment for the residents of the City.
2. The construction of public improvements is needed as follows:
a. Signage, striping and related traffic devices for 9th Street cul -de -sac.
b. Three fire hydrants will be provided to the satisfaction of the Fire
Marshal.
Resolution No. P -10 -23
Page 7
C. Transition and sidewalk between the new privately maintained street
and sidewalk, and the existing 9th Street cul -de -sac improvements.
d. Onsite public water system to serve the new hydrants.
e. Dedication of a 10- foot -wide trail easement and associated
Community Trail improvements along the westerly property line for a
segment of the Pomerado Trail, which extends from Espola Road to
the South Poway Trail.
f. Dedication of a 6- foot -wide trail easement from 9th Street to the west
property line in order to provide a local feeder trail to the Pomerado
Trail.
Section 8: The City Council hereby approves CUP 09 -01, DR 09 -01 and-VAR 09 -02;
a request to construct a 30,982- square -foot spiritual center in phases and to: (1) allow
required parking to encroach into the 40 -foot front yard setback, (2) maintain a 20 -foot
side yard building setback where 50 feet is required, and (3) exceed the 6 -foot maximum
height limit for a fence and retaining wall combination. Phase 1 consists of a Cultural
Center, an Administration Building, and construction of the south 105 -space parking lot to
accommodate up to 120 families per service. Future phases would include a Spiritual
Center, a caretaker's unit, and the north 43 -space parking lot to accommodate a total of
150 families per service. The approval is based on plans submitted on March 29, 2010
and is subject to the following conditions:
(Planning)
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, 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 pay or perform any
settlement unless such settlement is approved by applicant.
B. The approval is subject to the following conditions: Approval of this Conditional
Use Permit, Development Review and Variance shall apply only to the subject
project, and shall not waive compliance with all other Sections of the Zoning
Resolution No. P -10 -23
Page 8
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.
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
commercial and residential uses.
E. The terms and conditions of Conditional Use Permit 09 -01, Development Review
09 -01 and Variance 09 -02 shall be binding upon the permittee and all persons,
firms and corporations having an interest in the property subject to these permits
and the heirs, executors, administrators, successors and assigns of each of them,
including municipal corporations, public agencies and districts.
F. Conditional Use Permit 09 -01 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. Any changes increasing the intensity of use of the operation beyond what is being
approved shall be considered as a major revision to the Conditional Use Permit
and shall require City Council to approve the request.
H. Construction of the northerly parking lot shall not occur until such time as Phase 2
of the project is under construction or the City deems it necessary, whichever
occurs first. In Phase 1 of the project, the number of families per session shall be
limited to 120 and shall not be increased until the completion of the northerly
parking lot. The number of families per session shall not exceed 150 at build -out.
Prior to Grading Permit issuance, the applicant shall complete the following:
(Engineering)
1. All spoil materials from footings and foundations shall be legally disposed of
offsite unless a Grading Permit for placement of the materials is obtained
from the Department of Development Services — Engineering Division prior
to placement or the applicant has received verification from the Department
in writing that no permit is required.
2. Applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on
the site plan and be appropriately sized for the proposed level of
development.
Resolution No. P -10 -23
Page 9
3. 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
Department of Development Services 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.
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.
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.
f) Two copies of a Preliminary Cost Estimate.
g) Two copies of the project's Drainage Study.
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.
1) Two copies of the Storm Water Pollution Prevention Plan.
CONTENT REQUIREMENTS:
As a minimum, the grading plan shall show the following'.
a) Driveways, in compliance with the specifications provided in Section
17.08.170D of the Poway Municipal Code, and including minimum
structural sections together with their elevations and grades.
b) A separate erosion control plan for prevention of sediment run -off
during construction.
C) 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
Resolution No. P -10 -23
Page 10
footprint, directing runoff from impervious areas to landscaping, and
constructing impervious surfaces to minimum possible widths.
d) 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.
e) Locations of all utility boxes, clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work.
f) 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 five -foot setback from open space areas and property
lines. Buildings setbacks from slopes shall conform to Section
16.50.090 of the Poway Municipal Code.
g) The location of environmentally sensitive areas or other areas that
are to be protected during grading operations.
h) Method of roof drainage for any proposed buildings.
4. Water Quality Control — Drainage and Flood Damage Prevention
a. Provide three copies of a Drainage Study prepared by a registered
Civil Engineer, with demonstrated expertise in drainage analysis and
experience in fluvial geomorphology and water resources
management. 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.
The study shall use the 100 -year storm frequency as the design
frequency for the drainage conveyance system. 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 identify all easements, on and offsite, required to properly
handle the drainage. Concentrated flows across driveways are not
permitted. The post - development flow may not exceed the pre -
development flow at any offsite discharge location. Existing drainage
patterns are to be maintained.
b. 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.
Resolution No. P -10 -23
Page 11
C. The drainage study shall evaluate the project's pollutants and
conditions of concern in accordance with the Poway Municipal Code
Chapter 16.103 of 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 drainage features, wet season groundwater depth and
any other relevant hydrologic and environmental factors to be
protected specific to the project area's watershed.
d. 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 underground 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.
e. 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.
f. The drainage study 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, 10 -year and
100 -year frequency 6 -hour storm 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 study shall report the project's
conditions of concern based on the hydrologic and downstream
conditions discussed above. Where downstream conditions of
concern are identified, the 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.
Resolution No. P -10 -23
Page 12
5. 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.
The SUSMP requirements are applicable to the entire site and as
such the entire site shall be designed to accommodate water for
water quality treatment. All SUSMP requirements developed in the
approved WQTR shall be incorporated into the project design.
b. The project design shall incorporate Low Impact Development (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 condition of concerns shall be evaluated from the
project's drainage study report and included in the WQTR.
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 of the Poway Municipal Code 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 of the Poway Municipal Code. 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
Resolution No. P -10 -23
Page 13
throughout the life of the project shall be recorded prior to issuance
of a Building Permit.
6. 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 1 or more acres of soil or disturbs less than 1 acre
but is part of a larger common plan of development that in total
disturbs 1 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.
7. Private drainage easements are to be submitted for all drainage facilities
placed on neighboring properties.
8. Lot merger documents are to be submitted for review.
9. Surface improvements for the cul -de -sac on 9th Street may be included on
the grading plan. These improvements include, but are not limited to,
sidewalk along the frontage of the property to the existing driveways along
the cul -de -sac. A separate right -of -way permit is required for all work in the
right -of -way. The plans shall also include installation of signs, striping and
other demarcations in the cul -de -sac to address safety to the satisfaction of
the Traffic Engineer.
Resolution No. P -10 -23
Page 14
10. 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.
11. 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 Department of Development Services. 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- silting 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.
12. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing or grading. As 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.
(Planning)
13. The locations and sizes of all utility boxes and vaults within street rights -of-
way shall be shown on the grading plans.
14. All new and existing electrical /communication /CATV utilities, if any, shall be
installed underground prior to installation of concrete curbs, gutters and
sidewalks, and surfacing of the streets. The applicant/developer is
responsible for complying with the requirements of this condition, and shall
make the necessary arrangements with each of the serving utilities
Resolution No. P -10 -23
Page 15
15. Submit landscape and irrigation plans to the Planning Division for review
and approval consistent with the City of Poway Landscape and Irrigation
Design Manual to the satisfaction of the Director of Development Services.
The landscape and irrigation plan shall identify plant species, sizes, and
automatic irrigation for all areas to be planted. A plan check review fee is
required at the time of initial submittal of the plans. The plans shall also
address the following:
a. Install a dense landscape screen along the perimeter of the parking
lot area to reduce visibility from surrounding properties and extension
of 9th Street. The landscaping shall be adjacent to the perimeter
fence when possible. The screen shall consist of 15- gallon
evergreen trees, 20 feet on- center, and shrubbery.
b. The landscape plans shall incorporate the tree replacement
requirements of any Tree Removal Permits.
C. Install vines along the east property line to soften the appearance of
the retaining walls.
d. A hedge shall be installed along the limits of the southern parking lot
to screen the view of the parking lot as seen from the new street.
e. 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
f. Landscaping and irrigation of Fire Fuel Management Zones
g. Any area within the 60- foot -wide access easement not occupied by
street or sidewalk improvements shall be landscaped to the
satisfaction of the Director of Development Services.
16. A focused presence /absence survey for the California Gnatcatcher shall be
completed, and the written results, in the form of a letter, submitted to the
City of Poway Planning Division.
17. Install permanent signs and fencing, as may be deemed necessary by the
Director of Development Services, to delineate the limits of the Biological
Conservation Easement(s) present on the site.
18. The limits of approved habitat removal shall be clearly shown on the grading
plan and staked in the field prior to commencing grading.
Resolution No. P -10 -23
Page 16
19. According to the habitat assessment and area calculations in the March
2010 report prepared by RC Biological Consulting, Inc., the site consists of
5.76 acres of Diegan Coastal Sage Scrub (DCSS). Project grading and
Fire Fuel Management Zones will impact approximately 2.83 acres of
DCSS. Mitigation will be completed as follows:
a.. The applicant shall mitigate impacts to 2.83 acres of DCSS habitat at
a 2:1 ratio for a total of 5.66 acres. Partial mitigation will be provided
by recording a Biological Conservation Easement (BCE) over the
2.82 acres of Coastal Sage Scrub (CSS) remaining on the property.
The BCE may include 0.46 acres of recovering CSS which will
account for 1/2 mitigation credit only. Accordingly, 3.07 acres of off -
cite mitigation is required as noted below.
Note: In compliance with the PSHCP, the City shall process a
General Plan Amendment and Zone Change to change the land use
and zoning designation of the area of the Biological Conservation
Easement to Open Space- Resource Management (OS -RM) zone to
ensure its permanent preservation.
b. The remaining 3.07 -acre mitigation requirement will be satisfied by
establishing an offsite BCE over similar quality and unencumbered
habitat within the Mitigation Area, and /or by paying an In -Lieu Fee to
the City for future purchase of habitat. Presently, the In -Lieu fee is
$17,000 per acre. Mitigation provided in connection with
Administrative Clearing Permit 08 -01 which authorized the brushing
of 2.93 acres of CSS may be applied towards providing mitigation for
this Chinmaya Spiritual Center project.
20. A monitoring and maintenance plan, prepared by a qualified biologist, shall
be submitted for approval of the previously brushed area to be included
within the BCE to ensure the removal of invasive species. The plan shall
also provide for direction for scarification and hydroseeding to facilitate the
return of currently developed areas within the BCE to CSS habitat.
21. In accordance with Condition H of the PSHCP Incidental Take Permit, a
take of active California Gnatcatcher nests, which includes harassment of
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.
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
Resolution No. P -10 -23
Page 17
the United States Fish and Wildlife Service ( USFWS,) are implemented.
There is no guarantee that grading will be allowed to resume.
a. 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.
b. 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.
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 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
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.
Resolution No. P -10 -23
Page 18
f. 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.
22. The biologist must attend the City's pre- construction meeting for the project
and shall provide the City with written confirmation that the limits of
clearing /grading are in accordance with the project's Biological Resource
Assessment.
23. At a minimum, all protected areas, as shown on the grading plan, shall be
staked by a licensed surveyor, and delineated with lathe and ribbon. The
applicant shall have said staking inspected by the Engineering Inspector
prior to any grading, clearing or grubbing. A written certification from the
engineer of work, or a licensed surveyor, shall be provided to the
Engineering Inspector stating that all protected areas are staked in
accordance with the approved project plans.
24. The applicant's Engineer shall provide a plat map and legal description
showing the new BCE area and shall note the location of the existing Open
Space Easement. The plat map submitted shall be an original, and shall be
stamped and signed by the Engineer. Separate plan check fees will be
required for review of this easement.
25. The signed and notarized BCE document shall be returned to the City and
then be recorded with the County of San Diego. The applicable review fees
and fees for the recordation shall be submitted by the applicant.
26. A Tree Removal Permit approval shall be obtained prior to removal of any
trees. In addition, prior to removal of any trees during the recognized
nesting season for raptors, a qualified professional shall'evaluate the
subject trees for nests and report the findings in writing to the City. Should
a nest be located, the tree removal shall be delayed until such time as the
nest(s) have been abandoned
(Public Works)
27. A 10- foot -wide recreational trail easement along the westerly property line
shall be dedicated and trail improvements shall be constructed to the
satisfaction of the Director of Public Works. The width and location of the
trail shall be shown on the grading plan to the satisfaction of the Director of
Public Works.
Resolution No. P -10 -23
Page 19
28. A 6- foot -wide local feeder trail easement shall be dedicated from 9th Street
to the west property line to the satisfaction of the Director of Public Works.
The width and location of the trail shall be shown on the grading plan to the
satisfaction of the Director of Public Works.
29. The proposed filtration system shall be privately maintained.
30. The site shall be annexed into Zone A from Zone B lighting district.
J. Prior to the issuance of a Building Permit, the applicant shall comply with the
following.
1. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. 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.
2. The locations of any new utility boxes over three feet in height shall be
noted on the plans, and screening shall be provided to the satisfaction of
the Director of Development Services.
3. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Please contact the Poway Unified School District
for additional information. '
4. The project shall be equipped with water efficient plumbing fixtures as
required by Section 17.07.020 of the Poway Municipal Code.
(Engineering)
1. A lot merger for the two subject properties are to be recorded.
2. Private drainage easements for all offsite drainage features are to be
recorded.
3. Submit improvement plans 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 Department of Development Services
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.
Resolution No. P -10 -23
Page 20
SUBMITTAL REQUIREMENTS:
a) Transmittal letter.
b) Plan check fees (contact City project engineer).
C) Completed Grading Permit application, signed by the property
owner.
d) Seven copies of the improvement plans.
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.
f) Two copies of Preliminary Cost Estimate.
g) Two copies of a drainage study using the 100 -year storm frequency
as the design criteria. 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.
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 the Storm Water Pollution Prevention Plan.
4. The site shall be developed in accordance with the approved grading plans
on file in the Development Services Department and the conditions
contained herein. Grading of lots shall be in accordance with the Uniform
Building Code, the City Grading Ordinance, the approved grading plan, the
approved soils report, and grading practices acceptable to the City.
5. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer from October 1 to April 30. The
developer shall maintain all erosion control devices throughout their
intended life.
6. 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,
please submit the following:
a) Three copies of certification of line and grade for the lot, prepared by
the engineer of work.
Resolution No, P -10 -23
Page 21
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.
7. 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.
8. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance.
9. 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.
(Planning)
10. 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, adjoining
properties, or Biological Conservation Easement. The maximum height
parking lot lights shall not exceed 18 feet above grade. Prior to submittal of
the building plan the applicant shall submit a lighting plan indicating which
lights are to remain on after 11:00 p.m. to the Planning Division for review
and approval before submitting for Building Permit plan check.
11. Any proposed security lighting shall utilize low- pressure sodium fixtures.
The fixtures shall be shielded with well- defined cut -off limits to confine
illumination to onsite areas only
12. All roof equipment shall be screened from view from adjacent properties.
13. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance under a separate Sign Permit. No
wall signs shall be permitted along the east building elevation.
14. Exterior building materials and finishes shall reflect the approved elevations
on file with the City and the conditions of approval, and shall be noted on
the building plans, to the satisfaction of the Director of Development
Services
Resolution No. P -10 -23
Page 22
15. The building plans shall include elevations and cross sections that show all
new roof - mounted appurtenances, including, but not limited to, air
conditioning and vents, screened from view and sound buffered from
adjacent properties, to the satisfaction of the Director of Development
Services.
16. Building plans shall show a 6- foot -high solid fence along the north and
eastern limits of the north parking lot unless the owners of adjoining
properties submit letters requesting the fence installation to be deferred.
K. Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1. Roof covering shall be fire retardant as per the California Building Code and
City of Poway Ordinance No. 64.
2. The building shall display their numeric address in a manner visible from
the access street. For this project, one numeric address shall be placed
within the properties access easement located directly adjacent to the 9th
street cul -de -sac in such a matter so as to clearly display the facilities
address from the public roadway. Minimum size of the numbers shall be
eight inches with the numbers and background composed of contrasting
colors. Numeric address shall also be placed on the front facade of the
building. Minimum size of the numbers shall be ten inches with the numbers
and background composed of contrasting colors. Building address shall
also be displayed on the roof in a manner satisfactory to the Director of
Safety Services, and meeting Sheriffs 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 City of Poway
Municipal Code, shall approve the road surface type.
4. The building will be required to install an approved fire sprinkler system
meeting P.M.C. 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. Two separate plan submittals to the fire
department will be required, one for the fire sprinkler design and the second
for the fire service underground. There is a separate fee for each of these
Resolution No. P -10 -23
Page 23
plan check and inspection services. A water analysis has been completed
and accepted for this project.
5. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit
man door or 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.
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. A separate
plan submittal is required to the fire department. There is a separate fee for
this plan check and inspection services.
7. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A breakaway padlock shall be
required for the fire sprinkler system backflow prevention device.
8. All electrically operated access gates shall be equipped with a 'Knox' over-
ride switch. Contact the Poway Fire Department to order the appropriate
hardware.
9. 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.
10. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
11. Minimum 2A:20BC fire extinguisher required for every 3,000 square feet
and 75' travel distance.
12. If an elevator is installed, at least one shall be sized to accommodate a
normal hospital gurney. Minimum dimensions for the inside car platform
shall meet the "Medical" size standards per the California Building Code.
13. The addition of two onsite commercial style fire hydrants is required to meet
the required 3,500 GPM fire flow. An additional residential style fire hydrant
is required to be installed on Leona Lane /10th Street. The City Fire Marshal
shall determine the location of the hydrants.
14. 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
Resolution No. P -10 -23
Page 24
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.
15. The project is located with the City of Poway's high fire hazard area,
therefore the City's Wildland Urban Interface building code is applicable
(PMC 15.05) which includes the following:
a. The applicant shall comply with Section 6 of the City of Poway
Landscape and Irrigation Design Manual and Poway Municipal Code
15.05 as it relates to fuel management and defensible space. 100
feet of fuel management is required on the western side of the
building adjacent to the wildland area. There is a separate fee for this
plan check and inspection services. The landscape plan requires a
separate landscape and irrigation plans submittal prepared pursuant
to the City of Poway Landscape and Irrigation Design Manual
requirements. The applicant shall submit, and receive signed
approval of landscape and irrigation plans prior to Building Permit
issuance.
b. Exterior wall finished material shall be noncombustible and comply
with the California Building Code (e.g.: stucco, masonry, cement
fiber board, heavy- timber, etc.). In addition, all exterior walls are
required to be protected with nominal two -inch solid blocking
between rafters at all roof overhangs. Wood shingle and shake wall
coverings shall be prohibited.
C. Appendages and projections attached to a structure, such as exterior
balconies, carports, decks, and patio covers, shall be constructed to
maintain the fire - resistive integrity of the exterior walls. Such
appendages and projections shall meet the requirements for all
setbacks and fuel modification zones.
d. Exterior windows and glazing are restricted to multilayered glass
(dual glazed) and shall be tempered. Glazing frames made of vinyl
materials shall have welded corners and reinforcement in the
interlock area, and be certified ANSI /AAMA/NWWDA 101/I.S.2 -97
structural requirements. Provide note on plans.
e. Skylights shall be tempered glass. Provide note on plans.
f. Exterior doors shall be of approved noncombustible construction or
ignition- resistant, solid core wood not less than 1% inches thick, or
have a fire protection rating of not less than 20 minutes. Windows
Resolution No. P -10 -23
Page 25
within doors and glazed doors shall comply with exterior window and
glazing requirements. Provide note on plans.
g. All eave, soffit, and roof construction shall be ignition- resistant and in
compliance with PMC Chapter 15.05, Wildland Urban Interface
Building Code. Provide details and notes on plans for eave and soffit
construction.
h. Gutters and downspouts shall be constructed of noncombustible
materials. Roof gutters shall be provided with the means to prevent
the accumulation of leaves and debris in the gutter that contribute to
roof -edge ignition.
i. The first ten feet of material for fences and other attachments, such
as stair risers, treads, landings, porches, and balconies, to structures
shall be constructed of noncombustible material or pressure- treated,
exterior fire- retardant wood. Gates are permitted, provided that a
minimum five -foot length section of noncombustible fencing material
is installed as a firebreak immediately adjacent to the gate.
j. All awnings attached to any ,structure shall meet the 15 -foot,
structure - setback requirement and be identified as fire rated.
Additionally, the awning shall be contained in a metal, self - closing or
box - protected cover.
k. Detached auxiliary structures (playground equipment, free - standing
decks, gazebos, sheds, palapas, and trellises) less than 250 square
feet and 30 feet from the nearest structures and property lines are
not required to meet the fire- resistive requirements.
All thatched roofing materials shall be a minimum of 30 feet from any
structure and shall have an applied fire retardant chemical. Proof of
application and UL rating of the fire retardant chemical shall be
provided to the Fire Department upon request.
L. Prior to occupancy, or as otherwise noted, the following shall be complied with:
1. The site shall be developed in accordance with the.approved plans on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City Departments will be required.
(Engineering)
2. The applicant shall provide for the installation of signs, striping, and related
traffic devices within the existing .cul -de -sac at the western terminus of
9th Street. The signs, striping, and related traffic devices shall be installed
Resolution No. P -10 -23
Page 26
to direct vehicles around the cul -de -sac, rather than a straight- through
movement, and eliminate parking within the cul -de -sac. Plans for these
improvements shall be reviewed and approved by the City Traffic Engineer,
and installed and inspected through issuance of a City Right -of -Way Permit.
3. 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.
4. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility services
shall be placed underground
5. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector .
6. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to the streets (public or private) caused by construction activity
from this project.
7. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16.52.1306 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. At least three
weeks prior to a request for occupancy is recommended.
(Planning)
8. All plantings shall be installed, and an automatic irrigation system pursuant
to the approved landscape plans shall be installed and operational at time
of final inspection.
9. Pursuant to Section 17.08.170(8)(3) of the PMC, a 6- foot -high fence shall
be installed between the parking lot on the northerly parcel and the
adjoining residentially -zoned property to the north unless the Chinmaya
Spiritual Center provides written documentation from the affected property
owners that they do not want the fence.
10. Approved City signs delineating the limits of the BCE shall be installed.
M. Upon occupancy the applicant shall comply with the following conditions:
Resolution No. P -10 -23
Page 27
1. The use of the facility shall be limited to religious activities, along with
related accessory uses.
2. The activities of the Church shall not occur in such a manner as to create
adverse impacts on the circulation and parking on surrounding public
streets or school parking lots. 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 of the 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 of the 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 which uplights
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. 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.
7. The parking areas and driveway shall be well maintained.
8. The 9th Street private road extension shall not be used for parking for the
religious facility without written permission from all easement holders.
9. 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.
10. All landscaping, including areas within the adjacent public right -of -way, shall
be adequately irrigated, and permanently and fully maintained by the owner
at all times in accordance with the requirements of the City of Poway
Landscape and Irrigation Design Manual. The trees shall be encouraged
Resolution No. P -10 -23
Page 28
and allowed to retain a natural form. Pruning should be restricted to
maintain the health of the trees and to protect the public safety. Trees
should be trimmed or pruned as needed to develop strong and healthy
trunk and branch systems. Tree maintenance and pruning shall be in
accordance with "American National Standard for Tree Care Operations"
latest edition (ANSI A300). Trees shall not be topped and pruning shall not
remove more than 25% of the trees' leaf surface.
Section 9: The approval of CUP 09 -01, DR 09 -01 and VAR 09 -02 shall expire on
June 15, 2012, at 5:00 p.m., unless, prior to that time, a Building Permit has been issued
and construction has commenced on the property in reliance on the CUP approval prior
to its expiration.
Section 10: Pursuant to Government Code Section 66020, the 90 -day approval period
in which the applicant may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on June 15, 2010.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 15th day of June 2010.
07�--
Don Higginson, Major
ATTEST:
GyiGj�
inda A roya , MMC, City Clerk
Resolution No. P -10 -23
Page 29
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, L. Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify,
under penalty of perjury, that the foregoing Resolution No. P -10 -23 was duly adopted by
the City Council at a meeting of said City Council held on the 15th day of June 2010 and
that it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, KRUSE, HIGGINSON
NOES: NONE
ABSENT: REXFORD
DISQUALIFIED: NONE
Li6da9%Troyan, MMC, City
City of Poway