Covenant Regarding Real Property 2001-04752260
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
DOC • 2-4 01- 0475`196
JUL 11, 2001 0:23
OFFICIAL RECORDS
3763 SM DIEGO COORTY RECORDER'S OFFICE
#M J. SMITH, COl1i1TY EM
FEES: 79.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
The Roman Catholic Bishop of San Diego, 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 Assessor's Parcel Numbers
275 - 460 -26, 275 - 460 -58, and 314 - 370 -36 ( "PROPERTY" hereinafter). In consideration
of the approval of St. Michael's School Expansion by the City of Poway ( "CITY"
hereinafter), OWNER hereby agrees to abide by conditions of 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, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that St. Michael's School Expansion expires or is rescinded by City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:
Dated: / z s/o i By;
Harry U Gardner (Notarize)
CITY OF POWAY
Dated: , By:
Niall Fritz, Direc or of lopment Services
WE
COP{ IO1zg
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CALIFORNIA ALL- PURPOR ACKNOWLEDGMENT 3764
State of 0 CL k I, �,-) C n t, CA
County of `,�,, a yLQj 6 Q o
On I C1 in p. a,� a GCi before me, Sjn ril AkA��L(�e . N �) fCr nu 11 cc-
Date - Name ano Tab of Offjr. (e. r., Notary Publ�
personally appeared
personally known to me – OR – El PF9V8d te me sin the basis of eatisfaelefy evidemee to be the person(s)
whose name(60 /are subscribed to the within instrument
and acknowledged to me that /she /tpey executed the
same in Tai her /their authorized capacity0es), and that by
( their signature(s) on the instrument the person(s),
14M4E6A#ACAt61FfE r the entity upon behalf of which the persons} acted,
Ccnrrrl■ en 011 771 executed the instrument.
San»�poCauedl'
WITNE my hand and official seal.
If
Bigneture al Notary Pu Ik
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:
Number of Pages: I
Signer(s) Other Than Named Above: AJ i Q I ( * I ±7–
Capacity(ies) Claimed by Signer(s)
Signer's Name: "in try I , (ximur-
El
Lj
■
■
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attomey -in -Fact
❑ General
■ - a - a • - a RIGHT THUGIPPRINT
OF SIGNER
Signer's Name
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator MOM
❑ Other: Top of thumb here
Signer Is Representing:
0 1994 National Notary Association • 8238 Rammet Ave.. P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reoraan Call Toll -Free 1.800.878.6827
. • 3765
LEGAL DESCRIPTION
APN: 314 - 370 -36
PARCEL 1 OF PARCEL MAP NO. 4335, ACCORDING TO MAP ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A DIVISION
OF PORTIONS OF LOT 4, SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST,
SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF AND OF LOT 3, SECTION 2, TOWNSHIP 14 SOUTH, RANGE 2 WEST,
SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
EXHIBIT A
LEGAL DESCRIPTION
ORDER NO. 48307 -45
PARCEL A:
3r6L
ALL THAT PORTION OF LOTS 3 AND 4 IN SECTION 35, TOWNSHIP 13 SOUTH,
RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY BOUNDARY OF SAID LOT 4
DISTANT THEREON SOUTH 13 002151" WEST 1351.87 FEET FROM THE
NORTHWESTERLY CORNER OF SAID LOT 3; THENCE ALONG SAID WESTERLY
BOUNDARY SOUTH 13 002159" WEST, 275.00 FEET TO THE NORTHWESTERLY
CORNER OF LAND DESCRIBED IN DEED TO THE ROMAN CATHOLIC BISHOP OF
SAN DIEGO, RECORDED MAY 12, 1959 AS DOCUMENT NO. 95593 OF OFFICIAL
RECORDS BEING A POINT IN THE NORTHERLY LINE OF THE SOUTHERLY 7
ACRES OF THAT PORTION OF SAID LOT 4 WHICH LIES NORTHERLY OF THE
EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY OF SAN BERNARDO
RANCHO AND WESTERLY OF THE CENTER LINE OF THE MAIN PUBLIC HIGHWAY
ROUTE 3; THENCE SOUTH 83 050'40" EAST ALONG THE NORTHERLY LINE OF
SAID LAND A DISTANCE OF 555.92 FEET TO THE CENTER LINE OF THAT
CERTAIN 60.00 FOOT COUNTY ROAD KNOWN AS MISSION ROAD 1 -A, ALSO
KNOWN AS POMERADO ROAD; THENCE NORTH 2 °07'00" EAST ALONG SAID
CENTER LINE A DISTANCE OF 273.69 FEET TO AN INTERSECTION WITH A
LINE BEARING SOUTH 83 050'40" EAST FROM THE POINT OF BEGINNING;
THENCE NORTH 83 050'40" WEST 503.63 FEET TO THE POINT OF BEGINNING.
THE SOUTHERLY 7 ACRES OF THAT PORTION OF LOT 4, SECTION 35,
TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY THEREOF WHICH LIES NORTHERLY OF
THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY LINE OF SAN
BERNARDO RANCHO AND WESTERLY OF THE CENTER LINE OF THE MAIN PUBLIC
HIGHWAY, ROUTE 3, THE NORTHERLY LINE OF SAID SOUTHERLY 7 ACRES
BEING MEASURED PARALLEL WITH THE SOUTHERLY LINE OF THE ABOVE
DESCRIBED LAND.
EXCEPTING THEREFROM THAT PORTION OF THAT CERTAIN 7 (SEVEN) ACRE
PARCEL OF LAND IN LOT 4 (FOUR) OF FRACTIONAL SECTION 35, TOWNSHIP
13", SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, WHICH LIES NORTHERLY OF THE
EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF RANCHO SAN BERNARDO
AND WESTERLY OF THE CENTER LINE OF COUNTY HIGHWAY COMMISSION
MISSION ROAD 1 -A (NOW KNOWN AS POMERADO ROAD) , SAID PORTION LYING
EASTERLY OF A LINE DESCRIBED AS FOLLOWS:
48307 -45 -3-
3767
EXHIBIT A
BEGINNING AT A POINT ON THE EASTERLY PROLONGATION OF THE SOUTHERLY
LINE OF SAID RANCHO SAN BERNARDO DISTANT THEREON 286.65 FEET
WESTERLY FROM THE CENTER LINE OF SAID POMERADO ROAD; THENCE
NORTHERLY PARALLEL WITH THE CENTER LINE OF SAID POMERADO ROAD A
DISTANCE OF 277.43 FEET; THENCE WESTERLY AT RIGHT ANGLES A
DISTANCE OF 23.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES A
DISTANCE OF 91.00 FEET; THENCE WESTERLY AT RIGHT ANGLES A DISTANCE
OF 33.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE NORTHERLY
LINE OF SAID 7 (SEVEN) ACRE PARCEL.
PARCEL B:
THAT PORTION OF THAT CERTAIN 7 (SEVEN) ACRE PARCEL OF LAND IN LOT
4 (FOUR) OF FRACTIONAL SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, WHICH LIES NORTHERLY OF THE EASTERLY PROLONGATION
OF THE SOUTHERLY LINE OF RANCHO SAN BERNARDO AND WESTERLY OF THE
CENTER LINE OF COUNTY HIGHWAY COMMISSION MISSION ROAD 1 -A (NOW
KNOWN AS POMERADO ROAAD), SAID PORTION LYING EASTERLY OF A LINE
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY PROLONGATION OF THE SOUTHERLY
LINE OF SAID RANCHO SAN BERNARDO DISTANT THEREON 286.65 FEET
WESTERLY FROM THE CENTER LINE OF SAID POMERADO ROAD; THENCE
NORTHERLY PARALLEL WITH THE CENTER LINE OF SAID POMERADO ROAD A
DISTANCE OF 277.43 FEET; THENCE WESTERLY AT RIGHT ANGLES A
DISTANCE OF 23.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES A
DISTANCE OF 91.00 FEET; THENCE WESTERLY AT RIGHT ANGLES A DISTANCE
OF 33.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE NORTHERLY
LINE OF SAID 7 (SEVEN) ACRE PARCEL.
48307 -45 -4-
• EXHIBIT B (a 3763
RESOLUTION NO. P- 01 -31
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA APPROVING
A MODIFICATION TO COUNTY CONDITIONAL USE PERMIT P 74 -77,
APPROVING DEVELOPMENT REVIEW 00- 27NARIANCE 00 -19
AND RESCINDING RESOLUTIONS P -91-43 AND P -89 -130
ASSESSOR'S PARCEL NUMBERS 275-460-26,275-460-58, AND 314 - 370 -36
WHEREAS, on June 26, 1970, the County of San Diego Planning Commission
approved Major (Conditional) Use Permit P 70 -154 on June 26, 1970 which permitted a
Church auditorium with a capacity of 998 persons at 15546 Pomerado Road; and
WHEREAS, on June 21, 1974, the County of San Diego Planning Commission
approved County Conditional Use Permit P 74 -77 fora Parish Hall and classroom additions
at 15546 Pomerado Road; and
WHEREAS, on March 21 1979, the County of Land Use and Environmental
Regulation Director approved a minor deviation to County Conditional Use Permit P 74 -77
to allow a 1,260- square -foot move -on office and storage structure at 15546 Pomerado
Road; and
WHEREAS, on October 31, 1989, the City Council of the City of Poway approved a
modification of County Conditional Use Permit P 74 -77M for a 5,880- square -foot classroom
at 15546 Pomerado Road; and
WHEREAS, on July 16, 1991, the City Council of the City of Poway approved
County Conditional Use Permit P 74- 77M(2), a modification of County Conditional Use
Permit P 74 -77 to replace the sanctuary building, which had burned down earlier, with a
15,212- square -foot sanctuary with seating for 934 persons, and increase parking from 317
to 366 spaces at 15546 Pomerado Road; and
WHEREAS, a modification to County Conditional Use Permit P 74 -77, Development
Review 00 -26, and Variance 00 -19, was submitted by Karl Ponath for a phased expansion
of the St. Michael's School with the addition of new classrooms, a library, athletic facilities,
administrative space, an amphitheater, athletic facilities, and playgrounds at 15546
Pomerado Road. The project includes a Variance for the reduction of the required front
yard setback for parking from 40 feet to 20 feet. The project site involves the existing St.
Michael's Church and School site and a vacant property to immediately south of the
existing Church /School campus at 15546 Pomerado Road within the RR -C zone; and
WHEREAS, on June 19, 2001, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Resolution Noy r" 91 -31
Page 2
Section 1: The City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for County Conditional Use Permit P 74 -77,
Development Review 00 -27, and Variance 00 -19 and public comments received on the EIS
and MND. The subject EIS and MND documentation are fully incorporated herein by this
reference. The City Council finds, on the basis of the whole record before it, that there is
no substantial evidence the project will have a significant impact on the environment, that
the mitigation measures contained in the EIS and Exhibit A hereof will mitigate potentially
significant impacts to a less than significant level, and that the MND reflects the
independent judgment and analysis of the City. The City Council hereby approves the
MND and the associated Mitigation Monitoring Program attached to this Resolution as
Exhibit A.
Section 2: Pursuant to the City of Poway Habitat Conservation Plan (Poway HCP),
biological surveys were conducted on the property by URS Corp on October 20, 2000, and
March 7, 2001. Project grading will impact Coastal Sage Scrub habitat, one Arroyo Willow,
and Non - native Grassland. Evidence of California Gnatcatcher, Cooper's Hawk and
Southern California Rufous Crowned Sparrow, all of which are covered species under the
Poway HCP Implementing Agreement, were found. In accordance with the Poway HCP,
the required findings for approval of the proposed mitigation for the removal of habitat for
Conditional Use Permit P 74- 77M(4) are as follows:
A. The proposed project site is outside the Mitigation Area 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 3.1 acres of undisturbed Coastal
Sage Scrub habitat and 0.3 acres of disturbed Coastal Sage Scrub habitat at a 2:1
ratio (6.8 acres mitigation), and impacts to 1.3 acres of disturbed Non - native
Grassland at a 2:1 ratio (2.6 acres mitigation). In addition, impacts to 0.009 acres of
Southern Willow Scrub habitat will be mitigated at a minimum 2:1 ratio (0.018 acres
mitigation). Required mitigation totals 9.42 acres. Said mitigation will be through
habitat acquisition and the recordation of an off -site biological conservation
easement deed preserving comparable undisturbed and unencumbered habitat of
equal or greater conservation value located within the HCP Mitigation Area, and /or
by the payment of in -lieu fees.
B. The preservation of such habitat within the Mitigation Area and /or the payment of in-
lieu fees will contribute toward the building of the ultimate total Mitigation Area
preserve system of the HCP. Therefore, such habitat preservation and /or payment
of in -lieu fees will serve to enhance the long -term viability and function of the
preserve system.
C. The mitigation will be to the long -term benefit of the covered species and their
habitats in that the recordation of a Biological Conservation Easement deed over
undisturbed and unencumbered of habitat (see'A' above) and /orthe payment of in-
0 0 3770
Resolution No. P- 01 -31
Page 3
lieu fees, will promote a meaningful addition to the assembly of a viable regional
system of interconnected natural habitat resources, habitat linkages, buffers and
wildlife corridors.
D. The mitigation will foster the incremental implementation of the Poway HCP in an
effective and efficient manner in that the preservation of off -site conservation
area(s) will be within an identified Mitigation Area within the City, and /or the
payment of in -lieu fees will contribute likewise towards assembling the total
Mitigation Area preserve system.
E. The mitigation will not result in a negative fiscal impact with regard to the successful
implementation of the Poway HCP because no City funding will be required for the
mitigation efforts.
Section 3: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for the modification to County Conditional Use Permit P 74 -77 for a phased
expansion of the St. Michael's School, which is a legally established private school, which
CUP also includes a Church use, located at 15546 Pomerado Road in the RR -C and CO
zones, are made as follows:
A. The existing Church has occupied the site since 1959, and the School since 1964. The
modification to expand the School will allow activities that are the same or similar to the
existing School /Church use of the site. The size and design of the facility is appropriate
for the use and location and is a permitted use in the RR -C and CO zones, with the
approval of a modification to the Conditional Use Permit. Therefore, the proposed
location, size, design and operating characteristics of the School expansion in
conjunction with the established School /Church use are in accord 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.
B. The School expansion will enhance the existing development on the property and is
appropriate as an addition to the primary School /Church use on the site as well as
being consistent with or superior to surrounding development. The facility will meet City
of Poway standards for parking. Therefore, the location, size, design and operating
characteristics of the proposed use will be compatible with and will not adversely affect
or be materially detrimental to adjacent uses, residents, buildings, structures, or natural
resources.
C. The School expansion will meet or exceed standards for scale, coverage and density.
Therefore, the harmony in scale, bulk, coverage and density of the project is consistent
with adjacent uses.
D. There are public facilities, services and utilities available to the site.
0 0 • 3771
Resolution No. P- 01 -31
Page 4
E. The project is adjacent to the existing St. Michael's Church and School on one side,
separated from the adjacent high- density residential area by Pomerado Road, buffered
from the existing low- density residential area to the south by the undeveloped portions
of the subject property, and bordered on the west side by other undeveloped property.
Therefore, no significant noise impacts on neighboring properties are expected. Traffic
noise is not expected to impact students since the outdoor play areas are located at
over 200 feet from Pomerado Road and partially behind structures. Therefore, there
will be no harmful effect upon desirable neighborhood characteristics.
F. The School expansion will allow classes and meetings to occur that are in keeping with
the existing School /Church. The relatively modest increase in attendance has been
documented to result in no increase in traffic impacts. Therefore, the capacity and
physical character of surrounding streets will not be impacted and the project is
consistent with the Circulation Element of the General Plan.
G. The School expansion is allowable in the zone, and the property is located in an area
with suitable circulation and other infrastructure. The immediately surrounding area
contains no receptors that would be sensitive to this use. Therefore, the site is suitable
for the School /Church buildings and uses that are proposed.
H. The use involves no hazardous materials or processes, nor does it significantly affect
natural resources, as it will be required to adequately mitigate all potential impacts.
Therefore, there will not be significant harmful effects upon environmental quality and -
natural resources.
I. There are no other relevant negative impacts of the proposed use that cannot be
mitigated.
J. The impacts, as described above, and the proposed location, size, design and
operating characteristics of the proposed use and the conditions under which it would
be operated or maintained will not be detrimental to the public health, safety orwelfare,
or materially injurious to properties or improvements in the vicinity nor be contrary to the
adopted General Plan; and
K. That the proposed conditional use will comply with each of the applicable provisions of
Section 17.48.070 of the Poway Municipal Code to the extent feasible since it is a legal
nonconforming use with regard to current development standards.
Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal Code,
for Development Review 00 -27 for a phased expansion of the St. Michael's School, at
15546 Pomerado Road within the RR -C and CO zones, are made as follows: .
A. The School expansion will be located adjacent to the existing School /Church
property and will not create a negative visual impact as viewed from the street and
3772
Resolution No. P- 01 -31
Page 5
neighboring properties. Proposed landscaping will soften the building from such
views. The building will utilize colors and materials that will help them blend in with
the existing buildings and other surroundings. Therefore, the building respects the
interdependence of land values and aesthetics to the benefit of the City.
B. The School expansion is in character with existing development in the area and will
not negatively affect the views of adjacent property owners. The proposal does not
otherwise affect the boundaries of the lot or the design of the streets. Therefore,
the proposed use 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 School expansion is designed to minimize impacts on the surrounding
community by being located below the ridgeline, utilizing a single story design and
utilizing materials and colors in keeping with the existing School /Church structures
and surrounding development. Therefore, the proposed development respects the
public concerns for the aesthetics of developments.
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 5: The findings, in accordance with Section 17.50.070 of the Poway Municipal
Code to approve Variance 00 -19, to reduce the front yard setback for parking within the
RR -C zone from 40 feet to 20 feet for a phased expansion of the St. Michael's School at
15546 Pomerado Road, are made as follows:
A. The site is severely restricted due to the location of slopes steeper than 10 percent
in the center of the property, since General Plan requirements limit non - residential
development in such areas. Therefore, there are special circumstances applicable
to the property, and because of this, the strict application of the Zoning Ordinance
does deprive the property of privileges enjoyed by other properties in the vicinity
under identical zoning classification.
3773 0
Resolution No. P -01 -31
Page 6
B. Other properties in the same vicinity and zone are not restricted by slopes in excess
of 10 percent, which limits the location for the parking lot. Therefore, granting the
Variance is necessary for the preservation and enjoyment of a substantial property
right possessed by other property owners in the same vicinity and zoning for which
the Variance is sought.
C. The parking lot design will not create a hazard for surrounding properties since the
setback will not decrease site visibility at driveways. Therefore, granting the
Variance will not be materially detrimental to public health, safety, or welfare, or
injurious to property and improvements in the vicinity and zone.
D. The parking lot location within the front yard setback allows preservation of a
significant topographical feature and reduced grading consistent with the General
Plan and intent of the RR -C zone. Therefore, the granting of this Variance would
not constitute a special privilege inconsistent with the limitation upon other
properties in the vicinity and zone (RR -C).
E. The granting of this Variance does not allow a use or activity which is not otherwise
expressly authorized by zoning development regulations governing the parcel or
property in that a parking lot accessory to a private school and church is an allowed
use in the RR -C zone, with a Conditional Use Permit.
F. The project is consistent with the General Plan in that the project does not increase
density or negatively impact neighboring properties since the reduced parking
setback will still allow landscaping consistent with that in the OC zone to the north.
The property is contiguous with the Commercial Office zone, which has only a 20-
foot front yard setback. This will be a continuation of the existing building and
parking setback on the Commercial Office portion of the property. Therefore, there
will not be a harmful effect upon desirable neighborhood characteristics.
Section 6: Pursuant to Government Code Section 66020, the public improvements for
this Modification to County Conditional Use Permit P 74 -77, Development Review 00 -27,
and Variance 00 -19 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 are available to serve this project. The payment of
sewer fees is needed as a result of the proposed development to protect the public
health, safety and welfare as identified below:
1. The project requires payment of sewer and traffic mitigation fees, which are
assessed on a pro -rata basis to finance and provide public infrastructure
improvements, which promote a safe and healthy environment for the
residents of the City.
0 3774 0
Resolution No. P- 01 -31
Page 7
2. The project also requires the offer of a dedication of property for a public right -
of -way in the new driveway area, which allows for optimum future circulation to
promote a safe and healthy environment for the residents of the City.
Section 7: The following decisions are rescinded: Resolution No. P -91 -43 approving
County CUP P 74- 77M(2) dated July 16, 1991, Resolution No. P -89 -130 approving County
CUP P 74 -77M dated October 31, 1989, the decision by the Director of the San Diego
County Department of Land Use and Environmental Regulation approving County CUP P
74 -77WM2 dated March 21 1979, the decision by the Director of the County LUER
approving County CUP P 74 -77WM dated July 29, 1976, the decision by the San Diego
County Planning Commission to approve County CUP P 74 -77W dated June 21, 1974, and
the decision by the San Diego County Planning Commission to approve County CUP P 74-
77 dated June 26, 1970.
Section 8: The City Council hereby approves a modification to County Conditional Use
Permit P 74 -77, Development Review Permit 00 -27, and Variance 00 -19 to an existing
Church and School consisting of a 15,198- square -foot, 934 -fixed -seat sanctuary building, a
7,612- square -foot Parish Office /Convent, a 4,160- square -foot Rectory, a 9,667- square -foot
gymnasium, classroom /educational offices buildings totaling a 17,200- square -feet, a 5,830 -
square -foot meeting room building, and a 1,326- square -foot storage building to allow a
phased expansion of the school with the addition of an approximately 29,468- square -foot
building for new classrooms, library, and administrative space, and an amphitheater and
athletic facilities as shown on the plans dated August 17, 2000, and November 15, 2000.
The approval includes the later conversion of the existing meeting rooms and extended
study facility to classrooms, and the conversion of the original school facility to meeting
rooms and other Church accessory uses. The project will involve an increase in students
from 392 to 540. The project includes a Variance for the reduction of the required front
yard setback for parking from 40 feet to 20 feet. The project is located at 15546 Pomerado
Road in the RR -C and CO zones. The approval is subject to the following conditions:
A. Approval of this Conditional Use Permit request shall apply only to the subject
project and existing uses and shall not waive compliance with all sections of the
Zoning Ordinance and all other applicable City ordinances in effect at the time of
building permit issuance.
B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood; and, (2) the property
owners shall execute a Covenant on Real Property.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
commercial uses.
3775 0
Resolution No. P- 01 -31
Page 8
D. The conditions of this CUP shall remain in effect for the life of the subject private
school and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of the current property owner.
E. County Conditional Use Permit P 74- 77M(4) may 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 been raised during
the prior year.
F. Any changes in the approved use of the building, including but not limited to the
number of students, the hours of operation, or the number of fixed seats that results
in an increase in required parking, will require the approval of a modification to this
Conditional Use Permit. Depending upon the scope of such changes, at the
discretion of the Director of Development Services, said modification may be
processed administratively or may be referred to the City Council for a public
hearing.
G. All construction activity on the project site, including equipment preparation, shall be
limited to the hours of 7 a.m. to 7 p.m. Monday through Friday and 8 a.m. to 7 p.m.
on Saturdays.
H. The applicant shall obtain a Grading Permit for Phase 1 of the school expansion.
Prior to issuance of a Grading Permit, the applicant shall comply with the following:
1. If grading for any other phases of the project exceeds 50 cubic yards of
earthwork, or if the cut is greater than two feet in vertical depth and creates a
cut slope steeper than 2:1 (two horizontal to one vertical) and the fill is more
than one foot in vertical depth, then the applicant shall apply for a grading
permit and submit a grading plan for review and approval to the City
Development Services Department. If the above conditions do not apply for
any other phase, then the applicant shall provide a certification from a State
Registered Civil Engineer indicating the quantity of earthwork involved and
pay a $500 inspection fee prior to building permit issuance.
2. The Phase 1 grading plan shall be prepared on a City of Poway standard
mylar at a scale of 1 " =20', and shall be submitted along with a grading permit
application and applicable fees to the Development Services Department -
Engineering Division for review and approval. A grading plan submittal
checklist is available at the engineering division front counter. At 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. The
• 3776 • Resolution No. P- 01 -31
Page 9
driveway profile or equivalent data shall also be shown. The driveway
approach shall be per Regional Standard Drawing G -17 or G -12.
b. A separate erosion control plan for prevention of sediment run -off during
construction.
c. All new slopes with a maximum 2:1 (horizontal to vertical) slope. Tops
and toes of graded slopes shall be shown with a minimum five -foot
setback from open space areas and property lines. Buildings shall be
located at least five feet from tops and toes of slopes, unless waived by
the Planning Division and /or Engineering Division prior to issuance of a
grading permit.
d. All utilities, together with the appurtenances, and any 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 drainage improvements with pertinent elevations and grades.
Runoff directed to the southerly curb inlet at the new driveway approach
shall flow through a contaminant - absorbing device, such as a Fossil Filter
or equal, in order to collect pollutants and contaminants while permitting
the passage of clean water to the existing storm drain system.
g. All new pavement for proposed parking spaces in accordance with the
minimum specifications of the City of Poway Municipal Code Section
12.20.080.
h. Water and sewer connections to the new facilities.
i. The proposed retaining walls, and top and bottom of wall elevations.
j. The location of construction staking of remaining habitat.
3. A soils /geological report shall be prepared by an engineer licensed by the
State of California to perform such work, and shall be submitted with the
grading plan. A slope stability analysis shall accompany the soils report for
any proposed fill slope over two feet in height.
4. A drainage study using the 100 -year storm frequency criteria shall be
submitted with the grading plan. The drainage system 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 required to properly handle the drainage.
Concentrated flows across driveways are not permitted.
5. To insure compliance with the Clean Water Act, the applicant shall. prepare a
Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses
the elimination of non -storm run -off into the storm drain system or the natural
stream. The SWPPP shall include, but not be limited to, an effective method
• 3777 •
Resolution No. P -01 -31
Page 10
of hillside erosion and sediment control, a material storage site, measures to
protect construction material from being exposed to storm run -off, protection
of all storm drain inlets, on -site concrete truck wash and waste control, and
other means of Best Management Practices to effectively eliminate pollutants
from entering the storm drain system. The applicant shall certify the SWPPP
prior to approval of the grading and improvement plans. The SWPPP may
be incorporated with the erosion control plan, but shall be under separate
cover from the grading and improvement plans.
Additionally, due to the size of this project, the property owner /applicant shall
file with the State Department of Water Resources an application for Notice
of Intent to comply with the terms of the Statewide General Permit. For
additional inquiries regarding the NOI, please contact the Engineering
Division.
6. The applicant shall pay all applicable engineering; plan checking, permit and
inspection fees. The driveway construction cost shall be included in the cost
estimates for plan checking and determination of inspection fees.
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.
8. The applicant shall apply for a water system analysis to establish the location
of fire hydrants, as determined by the Fire Marshal, and to determine the
adequacy of the existing water mains and any necessary water main
extension to serve the project. The cost of the analysis shall be paid by the
applicant.
Concurrently with the submittal of the grading plan, a separate set of
improvement plans for the onsite water improvements shall be submitted to
Engineering Division for review and approval.
10. Improvement plans incorporating the following mitigation measures related to
"traffic impacts" shall be submitted to the Engineering Division for review and
approval. The mitigation measures shall be completed prior to issuance of
occupancy of Phase 1:
a. Change out the signal heads to reflect the east/west split phasing.
b. Retain the right turn only exit from the middle driveway.
c. At the internal intersection southeast of the sanctuary, move the limit line
and stop sign westerly approximately 30 feet on the eastbound approach.
d. Install fluorescent and yellow -green school zone signs and legends on
Pomerado Road both north and south of St. Michael's, to the satisfaction
of the City Engineer.
0 3778 •
Resolution No. P- 01 -31
Page 11
11. The applicant shall either eliminate the northern property line of the 14.06 -
acre parcel (currently APN 314 - 370 -36) through a lot tie agreement or a lot
merger, or obtain approval of a Boundary Adjustment to bring the site into
compliance with the building setback requirements of the Poway Municipal
Code.
12. Neither removal of Gnatcatcher habitat nor grading in the vicinity of such
habitat may take place within nesting season (February 15th to August
15th). Exceptions may be permitted if it can be proven, to the satisfaction of
the Director of Development Services, that no impacts to protected species
will occur. Any proposed clearing or grading during such dates will require a
pre - construction survey for California gnatcatchers to determine the location
of any active nests. Approval of any such in- season construction will require
adequate mitigation to avoid direct and indirect impacts. Any clearing or
grading during raptor nesting season will require pre- construction surveys to
determine the location of any active raptor nests. If active gnatcatcher nests
are found to occur within 500 feet of construction activities, measures shall
be implemented to minimize the noise and disturbance to those adjacent
nesting birds to the satisfaction of the Director. These measures may
include delaying construction until after any chicks have fledged, or,
alternatively, the use of sound walls or other measures to ensure that the
hourly Lev sound levels reaching gnatcatcher habitat areas do not exceed the
60 dBA Lea threshold, as measured by a qualified acoustician. Additionally,
construction of sound walls themselves should not exceed 60 dBA Leq.
13. The applicant shall provide mitigation to the satisfaction of the Director of
Development Services consistent with the Poway Habitat Conservation Plan
and mitigate impacts to 3.1 acres of Coastal Sage Scrub habitat and 0.3
acres of disturbed Coastal Sage Scrub habitat at a 2:1 ratio (total mitigation
6.8 acres), and impacts to 1.3 acres of disturbed Non - native Grassland at a
2:1 ratio (total mitigation 2.6 acres). Said mitigation shall be through the
dedication of an off -site biological conservation easement preserving
comparable undisturbed and unencumbered habitat, and /or by the payment
of in lieu fees.
14. The applicant shall obtain a Streambed Alteration Agreement from California
Department of Fish and Game, pursuant to Fish and Game Code Section
1603 for impact to the wetlands area. Impacts to 0.009 acres of Southern
Willow Scrub habitat shall be mitigated as determined by the Streambed
Alteration Agreement, but at a ratio of no less than 2:1 (total mitigation 0.18
acres) as required by the Poway Habitat Conservation Plan.
15. Furnish proof of 401 Certification from United States Army Corps of
Engineers.
3773 Resolution No. P -01 -31
Page 12
16. Conform to Nationwide Permit #18 Regulations of the Clean Water Act.
Demonstrate compliance to the satisfaction of the Director of Development
Services.
17. Priorto any clearing, grubbing, or grading, the applicant shall comply with the
following. At a minimum, all protected areas as shown on the grading plans
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 grading. 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.
18. Complete landscape construction documents (and plan check fee) shall be
submitted for all areas of new construction. Plans shall be prepared in
accordance with the Poway Zoning Code, and Guide to Landscape
Requirements and shall include but not be limited to the following:
a. Landscaping for all newly manufactured and disturbed slopes greater
than a 5:1 slope
b. Landscaped Fire Management Zones to the satisfaction of the
Director of Safety Services.
C. Street trees per the above landscape requirements, at 30 feet on
center.
d. Landscaping for all new parking lots per the above landscape
requirements, including a minimum of one 15- gallon size broad
spreading evergreen tree for every three spaces, and landscape
islands between every eight to 10 parking spaces. Parking lots shall
be provided with landscaping sufficient to screen parking areas from
the street, using earth berms, walls and /or plantings. Screening shall
achieve a minimum height of 36 inches except where site distances
are a factor.
e. Irrigation plans consistent with the above landscape requirements.
Prior to issuance of a Building Permit for each phase, 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. Grading of lots shall be in accordance with the Uniform Building
3780 0
Resolution No. P -01 -31
Page 13
Code, the City Grading Ordinance, the approved grading plan, the approved
soils report, and grading practices acceptable to the City.
2. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer throughout construction of the
project.
3. Rough grading of the project site shall be completed and meet the approval
of the City Inspector and shall include submittal of the following.
a. A certification of line and grade, prepared by the engineer of work.
b. A final soil compaction report for review and approval by the City.
4. City approval of a soil compaction report shall be obtained.
5. Prior to start of any work within City -held easements or right -of -way, such as
curb and gutter removal and replacement on Pomerado Road to
accommodate the new driveway located directly across from Via Monte
Carlo, a Right -of Way permit shall be obtained from the Engineering Division
of the Development Services Department. All appropriate fees shall be paid
prior to permit issuance.
6. The site plan shall be modified to show the location of trash enclosures both _
for the new facilities and to accommodate all non - confined dumpsters on the
existing site, to the satisfaction of the Director of Development Services.
Said enclosures shall be of decorative masonry block with solid metal gates
painted to match, be a minimum of 7 feet deep x 10 feet wide, and be
designed per EDCO Corporation standards. The materials and colors shall
be complimentary to the proposed /existing colors and materials.
7. The building plans shall depict all roof appurtenances, including air
conditioners, architecturally integrated, screened from view and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services.
8. The building plans shall depict the exterior building colors and materials
consistent with the project plans on file in the Development Services
Department for County Conditional Use Permit P 74- 77M(4) /DR 00 -27NAR
00 -19 dated August 17, 2000, and project materials /color sample board on
file, except as modified herein.
9. The plans shall provide all new utilities placed underground.
10. All two -way traffic aisles shall be a minimum of 24 feet wide.
9
0
3781
Resolution No. P- 01 -31
Page 14
11. The site plan shall show all required parking. In accordance with the Poway
Zoning Code, a minimum of 346 parking spaces shall be provided (based on
the number of classrooms, and fixed sanctuary seating).
12. All new parking spaces shall be double striped. The minimum dimensions for
standard sized parking stalls shall be 8.5' x 18.5'.
13. The site plan shall show, at parking lot islands, a minimum 12 -inch wide walk
adjacent to parking stalls. It shall also depict wheel stops where overhanging
vehicles would reduce the minimum required planter dimensions.
14. Details of any new exterior lighting shall be included on the building plans,
including fixture type(s) and design. All new exterior lighting fixtures shall be
low- pressure sodium and designed such that they reflect light downward,
and away from streets and adjoining properties pursuant to Poway Municipal
Code Section 17.08.220.L. Parking lot lights shall not exceed a maximum
height of 18 feet from the finished grade.
15. Construction staging shall take place as depicted on the submitted plans.
16. The following development fees shall be paid to the Engineering Division.
The following fee amount is currently in effect and is subject to change
without notice. The applicant shall pay the amount in effect at the time of
Building Permit issuance.
The fees are based an existing student capacity of 390 students, an added
capacity of 150 students for Phase 1, and no additional capacity added
during Phases 2 and 3. The total student capacity of the school as a result
of this project is 540 students.
Water Meter
Cost
Base capacity fee
SDCWA fee
'/, -inch
$130
$3,710
$2,004
1 -inch
$270
$6,678
$3,206
Please contact the Engineering Division for fees for meter sizes greater than 1 inch.
Sewer Clean -out box $50each
Clean -out box inspection $25 each
Sewer connection fees = $25,680, based on:
n
L
3782 •
Resolution No. P- 01 -31
Page 15
New administration building and library
(7,344 SF) x 1 Equivalent Dwelling Unit (EDU) x $2,356 = $8,717
2,000 SF EDU
Classrooms
(12 gal. /student ) x150 students = 7.2 EDU @ $2,356 = $16,963
250 gal. /EDU
Traffic = $6,139, based on:
New administration building and library
(20 trips /1 ,000 SF) x 7,344 SF x $66 /trip x 0.25 = $2,426
Classrooms
(1.5 trip /student)(150 students)($66 per trip) x 0.25 = $3,713
Drainage = $16,872, based on:
(14.06 acres) x $1,200 /acre = $16,872
J. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and
City of Poway Ordinance No. #64.
2. The buildings shall display their numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches on
the front facade of the building. Building address shall also be displayed on
the roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff Department 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 and having
a minimum of 13 feet, 6 inches of vertical clearance. The road surface type
shall be approved by the City Engineer, pursuant to the City of Poway
Municipal Code.
4. The building will be required to install an approved fire sprinkler system
meeting P.M.C. requirements. Entire system is to be monitored by central
� 3783 �
Resolution No. P- 01 -31
Page 16
monitoring company. System post indicator valves with tamper switches,
also monitored, are to be located by the City Fire Marshal prior to installation.
5. An automatic fire alarm system shall be installed to approved standards by
properly licensed contractor. The system shall be completely monitored by a
U. L. listed central station alarm company or proprietary remote station.
6. A "Knox" Security Key Box shall be required for the buildings at a location
determined by the City Fire Marshal. A "Knox" padlock shall be required for
the fire sprinkler post indicator valve.
7. 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.
8. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
9. A minimum 2A:10BC fire extinguisher is required for every 3,000 square feet
and 75 feet travel distance.
10. The addition of on -site fire hydrants is required. The location of the hydrants
shall be determined by the City Fire Marshal.
11. Prior to delivery of combustible building material on -site, water and sewer -
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems. In addition, the first lift of asphalt paving
shall be in place to provide adequate, permanent access for emergency
vehicles. The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction of
the City.
12. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the buildings.
13. Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit man
door or shall be located inside an enclosed closet with an exterior access
man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser."
When the closet method is chosen, applicant shall provide 36 inches of
clearance from the standpipe or attached additional risers, accessible by a
3'0" man door.
K. Prior to issuance of a Certificate of Occupancy for each phase, the applicant shall
comply with the following:
,. : 0 3784 0
Resolution No. P- 01 -31
Page 17
All Phases
1. The site shall be developed in accordance with the approved plans on file in
the Development Services Department for both DR 00 -27 and CUP 74-
77M(4), along with the conditions contained therein /herein. A final inspection
from the appropriate City Departments will be required and approval for
occupancy obtained.
2. Driveways, drainage facilities, slope landscaping and protection measures,
and utilities, shall be constructed and completed, and inspected by the
Engineering Inspector.
3. An adequate drainage system capable of handling and disposing all surface
water shall be provided to the satisfaction of the Engineering Inspector.
4. All proposed utilities within the project site shall be installed underground.
5. The developer shall, to the satisfaction of the City Engineer, repair any and
all damages to the public improvements on Pomerado Road, as a result of
the construction of each phase of this project.
6. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per section
16.52.130B of the grading ordinance. Record drawings shall be submitted in _
a manner to allow the City adequate time for review and approval prior to
issuance of occupancy and release of grading securities.
Phase 1
7. The property owner shall irrevocably offer for public right -of -way the westerly
100' long by 36' wide driveway area located directly across from Via Monte
Claro, and as measured from the westerly right -of -way line of Pomerado
Road. The submittal of this offer shall be accompanied by a review and
processing fee, which is currently $1,000.
8. The property owner shall dedicate 20- foot -wide public easements to the City
of Poway for the operation and maintenance of the proposed water mains in
the expansion area. The dedication of the easements shall be made through
separate documents. Submittal of the easement documents shall include
easement review and processing fees, which are currently $1,000 for each
easement.
L. The following performance standards shall apply to the School /Church facility,
including the use of the School expansion upon establishment of its use:
. „
3785 i
Resolution No. P -01 -31
Page 18
1. The use of the School and Church shall be limited to educational and
religious activities, along with related accessory uses.
2. The activities of the School and Church shall not occur in such a manner as
to create adverse impacts on the circulation and parking on surrounding
public streets.
3. The facility shall be operated in such a manner as to minimize any possible
disruption caused by noise, and shall comply with the noise standards
contained in Chapter 8.08 of the Poway Municipal Code. At no time shall
equipment noise from any source, or any loudspeaker sound amplification
system, exceed the noise standards contained in the Poway Municipal Code.
4. Upon occupancy of the new Phase 1 classrooms, the four modular
classrooms approved pursuant to MDRA 97 -49, MDRA 99 -80, and MDRA
01-40 shall be removed from the site to the satisfaction of the Director of
Development Services.
5. In addition to the Temporary Use Permit requirements contained in Chapter
17.26 of the Poway Municipal Code, any temporary outdoor special event not
accessory to the School /Church use, as determined by the Director of
Development Services, shall require the approval of a Temporary Use Permit
by the City.
6. All lighting fixtures shall be maintained such that they reflect light downward,
away from any road or street, and away from any adjoining premises.
7. The parking areas and driveways shall be well maintained.
8. All landscaping shall be adequately irrigated and well maintained at all times.
9. The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
Section 9: The approval of County CUP P 74- 77M(4)/ DR 00- 27/VAR 00 -19 shall expire
on June 19, 2003, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued
and construction on the property in reliance on the CUP /DR/VAR approval has
commenced 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 19, 2001.
3786
Resolution No. P -01 -31
Page 19
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 19th day of June 2001.
ATTEST:
Lori Anne Peoples, City Cl 4k
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- , was duly adopted by the
City Council at a meeting of said City Council held on the 19th day of June 2001, and that it
was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
0
Lori nne Peoples, City Cle k
City f Poway
N:\city \p1anning \D1 report\cup\cu74 -77m4 res.doc
3787 Resolution No. P -01 -31
Page 20
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR COUNTY CUP P 74- 77M(4), DR 00 -27, AND VAR 00 -19
Section 21081.6 of the Public Resources Code requires that a public agency "adopt a reporting or monitoring program
for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant
effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during
project implementation" This mitigation monitoring program has been prepared in accordance with Section 21081.6 of
the Public Resources Code.
Non - compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance
of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured.
Non - compliance situations, which may occur subsequent to project construction, will be addressed on a case -by -case
basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development
L..- ,...,... ,.- ...tir... kvA H ns %i hn n..c .ni fnr thic Mnnitnrinn Proaram to be amended. with City approval.
iias. Uri,
. ....,.....- ,__.._____".�._.
TOPIC
TASK
TIMING
RESPONSIBILITY
Biology
1. Obtain Streambed Alteration Agreement from
Prior to an
Applicant
California Department of Fish and Game pursuant to
Administrative Clearing
Fish and Game Code Section 1603 and comply with
or Grading Permit.
conditions of that permit.
2. Conform to Nationwide Permit #18 Regulations of
Prior to an
Applicant
the Clean Water Act administered by the United
Administrative Clearing
States Army Corps of Engineers.
or Grading Permit
3. Mitigate for the removed habitat pursuant to the
Prior to an
Applicant
Poway HCP at the ratios cited in the Biology Report
Administrative Clearing
and by means of appropriate habitat acquisitions
or Grading Permit
and /or fee payment.
4. Depict, on the grading plan, temporary marking of
Prior to an
Applicant
the limits of the habitat disturbance.
Administrative Clearing
or Grading Permit
5. Obtain 401 Certification from United States Army
Prior to an
Applicant
Corps of Engineers. Furnish proof to the City.
Administrative Clearing
or Grading Permit
Traffic
1. Incorporate the following into the improvement
Prior to issuance of
Applicant
plans; change out the signal heads to reflect the
Phase 1 Building Permit
east/west split phasing.
2. Insure that the improvement plans retain the right
Prior to issuance &F
Applicant
turn only exit from the middle driveway.
Phase 1 Building Permit
3. At the internal intersection southeast of the
Prior to issuance of
Applicant
Church, move the limits line and stop sign westerly
Phase 1 Building Permit
approximately 30 feet on the eastbound approach.
4. Install fluorescent and yellow -green school zone
Prior to occupancy of
Applicant
signs and legends on Pomerado Road both north and
Phase 1
south of St. Michael's, to the satisfaction of the City
Engineer.
5. Offer for public right -of -way purposes sufficient
Prior to occupancy of
Applicant
area to construct a 36 -foot wide drive to the first
Phase 1
private intersection west of the intersection of
Pomerado Road and the southerly driveway.
n:\ city \planning \0lreport\cup \cu74.77m4 res.doc
THIS CHECK IS VOID WITHOUT A BLUE 8 RED BACKGROUND AND AN ARTIFICIAL WATERMARK ON THE BACK - HOLD AT AN ANGLE TO VIEW
UNION BANK OF CALIFORNIA
ROMAN CATHOLIC DIOCESE OF SAN DIEGO 530 Z STREET
r POST OFFICE BOX 85728 1649/E(2�2�0
CHECK DATE. CHECK NO.
V�V SAN DIEGO, CA 92186-5728
Seventy -Nine and 00 /100 Dollars
NY COUNTY RECORDER /COUNTY CLERK
) THE CITY OF POWAY
RDER OF P O BOX 789
POWAY CA 92074 -0789
$..•: +•..•79.00
VOID AFTER 60 DAYS
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