Covenant Regarding Real Property 2010-0368675RECORDING REQUEST BY:
\ CITY OFROWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074 -0789
APN: 314 - 132 -07 /CUP 10 -03 & DR 10 -03
D O C # 2010-0368675
11111111 I I 1 11111 11111 11111 11111 1111 11111 11111 11111111111 11111 1111 IN
JUL 22, 2010 11:08 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY REC'ORDER'S OFFICE
DAVID L. BUTLER. COUNTY RECORDER
FEES: 84.00
PAGES: 2=4
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Southeastern California Conference of Seventh -Day Adventists, PROPERTY
OWNER ( "OWNER" hereinafter), is the owner of real property described in Exhibit A,
which is attached hereto and made a part hereof, and which is commonly known as
13940 Pomerado Road ( "PROPERTY" hereinafter).
In consideration of the approval of Conditional Use Permit (CUP) 10 -03 and
Development Review (DR) 10 -03 by the City of Poway ( "CITY" hereinafter), OWNER
hereby agrees to abide by the conditions of approval 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In the event that CUP 10 -03 and DR 10 -03 expires or is rescinded by City
Council at the request of the OWNER, CITY shall expunge this Covenant from the
record title of the PROPERTY.
In the event of litigation 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.
OWNER: Southeastern California Conference of Seventh -Day Adventists
Dated: 7-7-16 By: /ear /er �f/%
(Notarize)
Its: lis c .^ -�
CITY OF POWAY /1
Dated: JUklE" is yolo By
Robert J. Manis, Dir ct r 1 ve} pment Services
to -047
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of R /t ✓e✓Si6e¢
_ 1/ / /_
On " -moo /D before me, �CYhf % SInset ��-, N "V�
Date � Here Inset an of the Officer
personally appeared Choke /y%�C+15fdy
I Name($) of Signer(.)
TERRY M. SITANGGANG
mm
Coieelon / 1823932
Notary Public - California
Riverelde County
LIM
Comm. Fxplm Nor 22.2012
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he /ahre-A 'executed the same in his/hefltpeir authorized
capacity(ies), and that by his/hefRpei signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal ,
Above Signature • �° � `
Place Notary
Y Seal Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document /�
Title or Type of Document: G11�QKatl� k`R prcGr+� Q�C ul
Document Date: Number of
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Nat
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTMUMBPRINT.
OF SIGNER
02007NaU0nel Notary Awopation•9350 De Soto Ave,,R.G.BOx 2402•Chat$wndh, CA 9131 &2402 -w NationalNotaryorg Item #5907 Reorder: Call TolbFree 1- 800 - 876689
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of Californfa, described as
follows
PARCEL 2 OF PARCEL MAP NO. 19176, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
RECORDED MARCH 12, 2603 AS INSTRUMENT NO. 03- 276581 OF OFFICIAL RECORDS.
APN: 314- 132 -07 -00
RESOLUTION NO. P -10 -22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 10 -03
AND DEVELOPMENT REVIEW 10 -03
AND RESCINDING RESOLUTION NO. P -08 -06
ASSESSOR'S PARCEL NUMBER 314 - 132 -07
WHEREAS, on March 4, 2008, the City Council adopted Resolution P -08 -06
approving Conditional Use Permit (CUP) 03- 03M(2) and Development Review (DR)
03- 04R(2). to construct a 4,920- square -foot sanctuary addition to an existing Poway
Seventh -Day Adventist Church building and remodel 2,500 square feet of the existing
4,000- square -foot Church building, located at 13940 Pomerado Road, in the Residential
Single - Family 7 (RS -7) zone; and
WHEREAS, CUP 10 -03 and DR 10 -03 were submitted by the Poway Seventh -Day
Adventist Church to extend the March 4, 2010, expiration date of the approved Church
project and make minor modifications to the plans that are consistent with the scope and
character of the previously approved project; 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: The proposed project is Categorically Exempt as a Class 1 Categorical
Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301
of the CEQA Guidelines, in that the project involves a negligible expansion of an existing
use.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC), for CUP 10 -03 are as follows:
A. The proposed location, size, design, and operating characteristics of the proposed
Church expansion and remodel are in accord with the title and purpose of Chapter
17.48 PMC (Conditional Use Permit Regulations); the City General Plan, and the
development policies and standards of the City in that religious facilities are allowed
with a Conditional Use Permit and no Variances are requested.
B. The location, size, design, and operating characteristics of the proposed Church
expansion and remodel will be compatible with, and will not adversely affect or be
materially detrimental to, adjacent uses, residents, buildings, structures, or natural
resources in that the buildings of the facility will observe a minimum 50 -foot setback
from adjacent residential development.
EXHIBIT B
.
Resolution No. P -10 -22
Page 2
C. The proposed Church expansion and remodel is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the proposed
expansion will be located on an existing, previously graded pad and will be added to
the existing Church building. The new building will be designed to be complimentary
to surrounding buildings.
D. There are adequate public facilities, services, and utilities available at the subject site
to serve the proposed Church expansion and remodel.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the proposed Church expansion and remodel has been
designed, and sited, such that it will be compatible with the surrounding community.
The project will not utilize streets in the residential neighborhoods to the north and a
minimum 50 -foot setback from the religious facility to the adjacent residentially zoned
properties will be provided.
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 proposed Church expansion is located on an existing Church site and will not
generate additional traffic other than what the Church does now. The expansion and
remodel will not adversely impact the capacity and physical character of Pomerado
Road. Therefore, the proposed project is found to be consistent with the Circulation
Element of the General Plan.
G. The site is suitable for the type and intensity of use or development, which is
proposed, as it is located in an area with suitable circulation and other infrastructure.
The proposed Church expansion and remodel will allow the Church to expand its
services to the community.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the proposed Church expansion and remodel is located on a
developed property, and does not involve the removal of natural habitat resources.
I. There are no relevant negative impacts associated with the proposed Church
expansion and remodel that cannot be mitigated in that the facility will comply with
County and State requirements.
J. That the potential impacts, and the proposed location, size, design, and operating
characteristics of the proposed Church expansion and remodel will not be materially
injurious to properties or improvements in the vicinity, nor be contrary to the adopted
General Plan.
K. The proposed Church expansion and remodel will comply with all the applicable
provisions of Chapter 17.48 PMC in that the project will meet all current development
standards.
Resolution No. P -10 -22
Page 3
,Section 3: The-findings, in accordance with Section 17.52 PMC, for DR 10 -03 are made
as follows:
A. The religious facility expansion has been designed to comply with the development
standards of the Poway General Plan and Municipal Code. The colors and materials
used in the construction of the facility are compatible with the surrounding
development. The building will be set back 50 feet from the adjacent residential
property lines, and landscaping will soften the building from such views. Therefore,
the building respects the interdependence of land values and aesthetics to the
benefit of the City.
B. The buildings have been designed to comply with the development standards of
the Poway General Plan and Municipal Code, and be in character with existing
development in the area. Therefore, the proposed development does not conflict
with the orderly and harmonious appearance of structures and property within the
City along with associated facilities, such as, but not limited to, signs, landscaping,
parking areas, and streets.
C. There are public facilities, services and utilities available. No significant traffic
impacts will occur with this development. The project will otherwise conform to
all City Ordinances. Therefore, the proposed project does not detract from the
maintenance of the public health, safety and general welfare, and property
throughout the City.
D. The buildings are designed to be consistent with surrounding development.
Therefore, the proposed development respects the public concerns for the aesthetics
of development.
E. The proposed project will meet the required design regulations and will otherwise
comply with all of the relevant codes and standards of the City of Poway. Therefore,
the proposal does not have an adverse aesthetic, health, safety or architecturally
related impact upon existing adjoining properties, or the City in general.
F. The proposed project will comply with all of the provisions of the Zoning Ordinance
and the General Plan.
Section 4: The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
a. In accordance with the Poway General Plan, the project requires the payment of
sewer, water and traffic mitigation fees, which are assessed on a pro -rata basis,
to finance public infrastructure improvements, which promote a safe and healthy
environment.
Section 5: The City Council hereby approves CUP 10 -03 and DR 10 -03, a request to
construct a 5,293- square -foot sanctuary addition and bell tower, and remodel approximately
Resolution No. P -10 -22
Page 4
2,500 square feet of the existing 4,000- square -foot Church building, located at 13940
Pomerado Road. The existing sanctuary will contain classrooms, offices and expanded
restrooms. The approval is based on site and floor plans submitted on February 18, 2010,
and elevations submitted on April 2, 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 and Development Review shall apply only to the subject project, and shall not
waive compliance with all other Sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance.
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 CUP 10 -03 and DR 10 -03 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 10 -03 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.
Resolution No. P -10 -22
Page 5
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. 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.
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 Engineering
Division for review and approval. The grading design shall be 100% complete
at the time of submittal, ready for approval and issuance of permit. Incomplete
submittals will not be accepted. The first submittal of the plans shall be by
appointment only.
SUBMITTAL REQUIREMENTS:
a) Transmittal letter.
b) Plan check fees (contact City project engineer).
C) Completed Grading Permit application, signed by the property owner.
d) Eight copies of the grading plans.
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.
Resolution No. P -10 -22
Page 6
CONTENT REQUIREMENTS:
As a minimum, the grading plan shall show the following:
a) Driveways, in compliance with the specifications provided in
PMC 17.08.170D, and including minimum structural sections together
with their elevations and grades.
b) A separate erosion control plan for prevention of sediment runoff during
construction.
c) LID measures and strategies that will emphasize conservation and the
use of onsite natural features combined with engineered hydrologic.
controls to more closely reflect pre - development hydrologic functions.
This includes maximizing infiltration, providing retention, slowing runoff,
minimizing impervious footprint,, directing runoff from impervious areas
to landscaping, and constructing impervious surfaces to minimum
possible widths.
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.
Building setbacks from slopes shall conform to PMC 16.50.090.
g) The location of environmentally sensitive areas or other areas that are
to be protected during grading operations.
h) Method of roof drainage, water and sewer service for any proposed
buildings.
i) Repairs to the deteriorated parking lot surfacing throughout the
property, including portions adjacent to the existing classrooms, and
resurfacing of the same, in accordance with Greenbook and PMC
specifications. All proposed asphalt surfacing sections in the expanded
areas of the parking lot shall comply with standards of
PMC 12.20.080.
j) The provision of a suitable underground drainage system to permit the
safe conveyance of runoff from the existing drainage ditch along the
westerly property line onto Pomerado Road. The existing ditch shall be
cleared of all trash and vegetation growth to avoid overflow onto the
adjacent slopes, or the horse trail, during heavy storm events.
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
Resolution No. P -10 -22
Page 7
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.
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.
C. The drainage study shall evaluate the project's pollutants and
conditions of concern in accordance with the Chapter 16.103 PMC,
Poway's Standard Urban Storm Water Mitigation Plan (SUSMP)
Ordinance. The analysis shall consider the project area's location (from
the larger watershed perspective), topography, soil and vegetation
conditions, percent impervious area, natural infrastructure 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 shall
be performed.
Resolution No. P -10 -22
Page 8
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 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.
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 LID and site design Best
Management Practices (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 BMPs 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 BMPs,
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. 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 BMPs 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
Resolution No. P -10 -22
Page 9
designed to infiltrate, filter or treat the volume of runoff produced by the
85th percentile 24 -hour rainfall or the maximum flow rate of runoff
produced by the 85th percentile hourly rainfall intensity. Chapter
16.-107 PMC addresses treatment control design requirements.
Structural treatment control shall be of high or medium removal
efficiency for the primary pollutants of concern. Controls that provide
low removal efficiency should not be used.
e. Provide two copies of an Operation & Maintenance (O &M) plan in
accordance with Chapter 16.108 PMC. A Storm Water Management
Facilities Maintenance Agreement accepting responsibility for all
structural BMP maintenance, repair and replacement as outlined in
said O &M plan binding on the land throughout the life of the project
shall be recorded prior to issuance of a Building Permit.
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 NO[ and an assigned Waste Discharge
Identification Number shall be submitted to the 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 BMPs 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. 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.
8. 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
Resolution No. P -10 -22
Page 10
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.
9. 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.
10. The owner shall pay to the City a fee for a water system analysis to evaluate
the adequacy of the existing water system to support the fire hydrant. Any
water improvements required for the fire hydrant shall be shown on a separate
improvement plan and submitted to the City for a separate review and
approval. If a new fire hydrant is required onsite, a 20- foot -wide public water
easement for the proposed water main shall be dedicated to the City.
(Planning)
11. Submit a Tree Removal Permit application to the Planning Division for review
and approval by the Director of Development Services. The application shall
contain a report from a qualified arborist stating why the trees proposed for
removal cannot be protected in place or transplanted. Trees approved for
removal shall be mitigated by increasing the size and number of trees required
onsite by the City of Poway Landscape and Irrigation Design Manual and
Zoning Code, to the satisfaction of the Director of Development Services.
I � �
Resolution No. P -10 -22
Page 11
12. Submit landscape and irrigation plans, consistent with the City of Poway
Landscape and Irrigation Design Manual, to the Planning Division for review
and approval. The landscape and irrigation plans 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. Within the landscape strip between the parking lot and Pomerado
Road, add more trees to provide a tree for every three parking spaces,
with an average of 30 feet on center, to the satisfaction of the Poway
Planning Division. All trees along this perimeter must be a minimum
15- gallon size. The trees shall include suggested Pomerado Road
street trees. Shrubs shall also be included in the sloped area on
Pomerado Road and shall be 5- gallon size.
b. Trees shall be planted at the rate of one tree per 750 square feet of
new slope areas and shrubs shall be planted at the rate of one shrub
per 100 square feet.
C. All slope. plantings shall be installed, and an automatic irrigation system
shall be installed and operational at time of final inspection.
d. Mitigation per the conditions of approval of the required Tree Removal
Permit.
e. Sight distance to the satisfaction of the City's Traffic Engineer.
f. Location and detail of existing or proposed parking lot lighting.
g. A hedge shall be installed along the eastern limits of the upper parking
lot south of the existing building to screen car lights.
h. 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.
(Public Works)
21. Pedestrian access needs to be improved from the westerly property line to the
Halper Road cul -de -sac for safety of pedestrians. Stairs will be required for
the slope.
Resolution No. P -10 -22
Page 12
I. 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 (858-
679 -2570) for additional information.
4. The project shall be equipped with water efficient plumbing fixtures as required
by PMC 17.07.020.
(Engineering)
1. 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. The first submittal of the plans shall be by
appointment only.
SUBMITTAL REQUIREMENTS:
a) Transmittal letter.
b) Plan check fees (contact City project engineer):
C) Completed Grading Permit application, signed by the property owner.
d) 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,
Resolution No. P -10 -22
Page 13
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 Tentative Map.
1) Two copies of the Storm Water Pollution Prevention Plan.
2. 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.
3. 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.
4. Applicant shall obtain a Grading Permit and complete rough grading of the
site. The grading shall meet the approval of the Engineering Inspector and the
project's geotechnical engineer. Following completion of rough grading,
please submit the following:
a) Three copies of certification of line and grade for the lot, prepared by
the engineer of work.
b) Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
5. Prior to start of any work within a City -held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division. All
appropriate fees shall be paid prior to permit issuance.
6. The project requirements
for fire protection
call
for the installation of one
or more fire hydrants and
expansion of the
public
water system necessary
to support the installation
of the hydrants.
A
water system analysis is
required for final design of the proposed public
water system expansion.
Applicant shall pay for the
cost of preparing
the
analysis prior to submittal
of improvement plans.
Resolution No. P -10 -22
Page 14
7. The applicant shall pay all applicable development impact fees in effect at time
of permit issuance.
8. Applicant shall execute and record a Storm Water Management Facilities
Maintenance Agreement accepting responsibility for all structural BMP
maintenance, repair and replacement as outlined in the Operations and
Maintenance plan included in the agreement. The operation and maintenance
requirements shall be binding on the land throughout the life of the project.
9. A separate utility plan is required showing the utilities that are to be placed
underground. The plan shall clearly show what utilities will be placed
underground. The overhead utilities that service the parking lot lights adjacent
to Pomerado Road shall be installed underground. Additionally, the existing
wooden parking light poles will be removed. The overhead utility line to the
existing sanctuary from the pole near the cul -de -sac on Halper Road shall be
undergrounded.
(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 Easements. The maximum height parking lot lights
shall not exceed 18 feet above grade. 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. 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.
13. The specific materials used to create the paint and texture of the new
sanctuary and existing Church remodel shall be depicted on the building
plans. The selected building and roofing materials shall match, as closely as
possible, the existing walls and roof, to the satisfaction of the Director of
Development Services.
14. 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.
Resolution No. P -10 -22
Page 15
J. 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 PMC 15.04.050, and City of Poway
Ordinance No. 64 and its amended Ordinance No. 526.
a) Where the roof profile allows a space between the roof covering and
roof decking, the spaces shall be constructed to prevent the intrusion
of flames and embers, be fire- stopped with approved materials, or
have one layer of No. 72 ASTM cap sheet installed over the
combustible decking. Provide note on plans.
b) When provided, valley flashings shall be not less than 0.019 -inch
(0.48 mm) (No. 26 galvanized sheet gage) corrosion - resistant metal
installed over a minimum 36- inch -wide .(914 mm) underlayment
consisting of one layer of No. 72 ASTM cap sheet running the full
length of the valley. Provide note on plans.
2. The building shall display the numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be 8 inches on the
front fagade of the building. 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 surfaces of
not less than 20 feet of unobstructed width, with adequate roadway turning
radius capable of supporting the imposed loads of fire apparatus, having a
minimum of 13'6" of vertical clearance. This 20 -foot access width is the
minimum required for Fire Department emergency access. In most cases,
City Engineering standards will be more restricting. The more restrictive
standard shall apply. The Fire Chief, pursuant to the PMC, shall approve the
road surface type.
4. The new building will be required to install an approved fire sprinkler system
meeting PMC requirements.
a. In addition, the building titled "existing church remodel" will be required
to retroactively install an approved fire sprinkler system meeting PMC
requirements.
b. 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.
Resolution No. P -10 -22
Page 16
C. 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 plan checks.
d. A water analysis has been completed, dated July 2009, and the
required fire flow of 3,500 GPM can be met with water distribution
improvements as outlined within the report.
e. The addition of one onsite fire hydrant is required to meet fire flow in
conjunction with the existing hydrant located on Pomerado Road.
f. The Fire Department Connection shall be located within 40 feet of a
hydrant.
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." 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.
6. A properly licensed contractor shall install an automatic fire alarm system to
approved standards. System shall be completely monitored by a U.L. listed
central station alarm company or proprietary remote station.
7. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A breakaway padlock shall be required
for the fire sprinkler system Post Indicator Valve.
8. Fire Department access for use of fire fighting 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 3AAOBC fire extinguisher is required for every 3,000 square feet
and 75' travel distance.
11. Prior to delivery of combustible building material onsite, water and sewer
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems. In addition, the first lift of asphalt paving
shall be in place to provide adequate, permanent access for emergency
vehicles. The final lift of asphalt shall not be installed until all other
Resolution No. P -10 -22
Page 17
construction activity has been substantially completed to the satisfaction of the
City.
12. The project is located within the high fire hazard area; therefore,
PMC 15.05, the City's Wildland Urban Interface Building Code will apply:
a. 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.
i. 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.
b. 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.
C. Skylights shall be tempered glass. Provide note on plans.
d. 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 within
doors and glazed doors shall comply with exterior window and glazing
requirements. Provide note on plans.
e. All eave, soffit, and roof construction shall be ignition- resistant and in
compliance with Chapter 15.05 PMC, Wildland Urban Interface Building
Code. Provide details and notes on plans for eave and soffit
construction.
f. Eave, soffit and roof ventilation shall be constructed in such a manner
as to provide for flame and ember penetration resistance. Alternate
designs and methods will be considered on a case -by -case basis.
Provide details showing size and location of attic ventilation and
subfloor ventilation on plans.
g. Roof and attic vents are prohibited in locations where embers are most
likely to accumulate. Provide details showing size and location of attic
ventilation on plans.
Resolution No. P -10 -22
Page. 18
h. 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
5 -foot length section of noncombustible fencing material is installed as
a firebreak immediately adjacent to the gate.
Unenclosed, under -floor areas shall be enclosed to the ground or all
exposed structural columns, beams and supporting walls are to be
protected as required for one -hour, fire- resistive construction or heavy -
timber construction per the California Building Code.
K. 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. 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.
3. 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.
4. 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.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to the streets caused by construction activity from this project.
5. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16.52.1308 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.
6. The applicant shall ensure access to the existing pedestrian trail easement at
the end of Halper Road by removing any locks or chains on the fencing and
gate. The pedestrian trail shall be improved and stabilized over the slope near
the northwest corner of the property.
i ,.:
i . .
Resolution No. P -10 -22
Page 19
(Planning)
7. 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.
8. The parking lots shall be resurfaced and re- striped to reflect the approved site
plan layout.
9. All required parking lot light poles on the Pomerado Road frontage shall be
installed.
L. Upon establishment of the expanded church facility pursuant to CUP 10 -03 and
DR 10 -03:
1. 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.
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.
2. The facility shall be operated in such a manner as to minimize any possible
disruption caused by noise, and shall comply with noise standards contained
in Chapter 8.08 PMC. At no time shall noise from any source exceed the
noise standards defined in the PMC.
4. All activities shall occur within the building and /or courtyard immediately
adjacent to the buildings, unless otherwise approved through a Temporary
Use Permit issued 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. Any modification to the location of existing, or addition of new, parking lot
lights shall require the approval of the Director of Development Services.
Jt.•. ,57 �
Resolution No. P -10 -22
Page 20
8. The parking areas and driveway shall be well maintained.
9. All facilities and related equipment shall be maintained in good repair. Any
damage from any cause shall be repaired as soon as reasonably possible
so as to minimize occurrences of dangerous conditions or visual blight
10. Temporary uses pursuant to Chapter 17.26 PMC, including, but not limited to,
carnivals, outdoor arts and crafts shows, and entertainment attractions; shall
require City approval of a Temporary Use Permit (TUP). A TUP application
should be submitted at least three weeks prior to the event.
11. Any signs proposed for this development shall be designed and approved in
conformance with the PMC and require the approval of a separate Sign
Permit.
12. 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.
13. 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 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 6: Resolution No. P -08 -06 approving CUP 03- 03M(2) and DR 03- 04R(2) is
hereby rescinded.
Section 7: The approval of CUP 10 -03 and DR 10 -03 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 8: 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.
Resolution No. P -10 -22
Page 21
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.
Don Higginson, May
ATTEST:
L'Jjnda A. T ,plyan, MMC, City Clerk
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 -22 was duly adopted
by the City Council at a meeting of said City Council held on the 154h 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
L Troyan, MMC, City Clerk
Cit of Poway