Covenant Regarding Real Property 2018-0175359 DppOC#II 2018-0175359
RECORDING REQUEST BY: ; IIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIII
CITY OF POWAY ) May 02, 2018 11:18 AM
) OFFICIAL RECORDS
WHEN RECORDED MAIL TO: ) Ernest J. Dronenbur9, Jr.,
SAN DIEGO COUNTY RECORDER
CITY CLERK ) FEES: $290.00 (SB2 Atkins: $225.00)
CITY OF POWAY ) PAGES: 18
P O BOX 789 )
POWAY CA 92074-0789 )
(This space for Recorders Use)
APN: 317-473-07, 08,09, 10, 11
(DR) 17-010 8 (CUP) 17-017
COVENANT REGARDING REAL PROPERTY
Poway Property, LP ("OWNER" hereinafter) is the owner of real property commonly known as
13247 Poway Road ("PROPERTY hereinafter) and more fully described in the legal description attached
hereto as Exhibit A and made a part hereof.
In consideration of the approval of Development Review (DR) 17-010 and Conditional Use Permit
(CUP) 17-017 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions
of approval contained in the attached Resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that DR 17-010 and CUP 17-017 expires or is rescinded by City Council, or the
OWNER terminates the use permitted by DR 17-010 and CUP 17-017, upon the request of the OWNER
the CITY shall expunge this Covenant from the record title of the PROPERTY and DR 17-010 and CUP
17-017 shall be of no further force or effect.
If either party incurs costs as a result of filing a civil action to enforce the provisions of this Covenant,
the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys'fees,
from the other party.
OWNER OR AUTHORIZED AGENT:
nµ, I
Dated: { 1 a7 J 0 �G
i1 Trent Claughton, President (Notarize)
Poway Property, LP
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Dated: 7/Z7/CJp By:
anisrector .f '�ev_ opment Services
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of San Diego
On f'fp2c I on 01.01 JS before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared J ('Pn f C (At,(6 h ton
Name(s) of Signer(s)
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/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their 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.
•• YVONNE MAMMON WITNESS my hand and official seal.
_: NotaryPublic-California
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OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
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Document Date: gpr; 1 11 2n 1x `J J Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): 0 Corporate Officer — Title(s):
❑Partner — 0 Limited ❑ General 0 Partner — 0 Limited 0 General
O Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact
❑Trustee 0 Guardian or Conservator ❑Trustee 0 Guardian or Conservator
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EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein below is situated in the County of SAN DIEGO, State of CALIFORNIA, and is
described as follows:
PARCEL 1:
THE WESTERLY 75.00 FEET OF THE EASTERLY 249.50 FEET OF THE NORTHERLY 320,00 FEET OF THE WEST HALF
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY.
PARCEL 1A:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND
ACROSS THE SOUTHERLY 40.00 FEET OF THE NORTHERLY 360.00 FEET OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY.
EXCEPTING THEREFROM THE EASTERLY 70.00 FEET.
APN: 317-473-07-00
PARCEL 2:
THE WESTERLY 55.00 FEET OF THE EASTERLY 174.50 FEET OF THE NORTHERLY 320,00 FEET OF THE WEST HALF
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
' UNITED STATES GOVERNMENT SURVEY.
PARCEL 2 A:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER; ALONG AND
ACROSS THE SOUTHERLY 40.00 FEET OF THE NORTHERLY 360.00 FEET OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
' BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY.
EXCEPTING THEREFROM THE EASTERLY 70.00 FEET.
APN: 317-473-08-00
PARCEL 3:
THE WESTERLY 49.50 FEET OF THE EASTERLY 119.50 FEET OF THE NORTHERLY 320.00 FEET OF THE WEST HALF
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY.
PARCEL 3A:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND
ACROSS THE SOUTHERLY 40.00 FEET OF THE NORTHERLY 360.00 FEET OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY.
EXHIBIT A
LEGAL DESCRIPTION
(CONTINUED)
EXCEPTING THEREFROM THE EASTERLY 70.00 FEET.
APN: 317-473-09-00
PARCEL 4:
THE EASTERLY 70.00 FEET OF THE NORTHERLY 320.00 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER, SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY.
PARCEL 4A:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG AND
ACROSS THE SOUTHERLY 40.00 FEET OF THE NORTHERLY 360.00 FEET OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, .SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY.
APN: 317-473-10-00 AND 317.473-11-00
EXHIBIT B
RESOLUTION NO. P-18-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
17-010 AND CONDITIONAL USE PERMIT 17-017 FOR A
MIXED-USE DEVELOPMENT PROJECT WITHIN THE POWAY
ROAD SPECIFIC PLAN, TOWN CENTER DISTRICT
ASSESSOR PARCEL NUMBER 317-473-07, 08, 09, 10, 11
WHEREAS, the City Council considered Development Review (DR) 17-010 and
Conditional Use Permit (CUP) 17-017; a proposed mixed-use development project consisting of
approximately 40,000 square feet of commercial, including a 20,025-square foot fitness center,
and 53 residential units, with 2 levels of underground parking, and other site improvements
located on an approximate one and one-half acre site located at 13247 Poway Road ("Project"),
in the Town Center district of the Poway Road Specific Plan; and
WHEREAS, on March 6, 2018, the City Council held a duly advertised public meeting to
receive testimony from the public, both for and against, relative to the DR and CUP.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: An Environmental Impact Report (EIR) was prepared pursuant to the
California Environmental Quality Act (CEQA) in conjunction with the Poway Road Specific Plan,
and was certified by the City Council on December 5, 2017. The EIR analyzed the potential
impacts of the proposed build out of the Poway Road Specific Plan area in the manner permitted
by the Specific Plan. This Project is consistent with the Poway Road Specific Plan and conforms
with the requirements, development standards and guidelines therein, and, therefore, as set forth
in Section 8.2 of the Poway Road Specific Plan, no further environmental analysis is required
because the Project's impacts have already been analyzed in, and are fully covered by, the
previously certified EIR. The City Council finds that the Project does not result in any significant
changes that would allow subsequent or supplemental environmental review pursuant to Public
Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163.
Section 2: The proposed Project is consistent with the Poway Road Specific Plan
generally, including the Town Center district designation, and further, the proposed Project
qualifies for Tier 2 height and density bonuses (Table 3-4) because the Project includes lot
consolidation and at least two community benefits (internal pedestrian passageway and
restaurant row), as that term is used in the Poway Road Specific Plan. Therefore, the City Council
finds that the proposed Project will result in the following:
A. Creation of a distinct and vibrant Town Center with a mix of commercial and residential
uses.
B. Redevelopment of an infill site that will create a mix of compatible and complementary
uses.
C. Development of a unique mix of housing types including apartments, lofts and live-work
units that are located in proximity to civic, retail and commercial service uses.
Section 3: The findings for DR 17-010, in accordance with the Poway Municipal Code
(PMC) 17.52.010 Purpose of Development Review, are made as follows:
Resolution No. P-18-06
Page 2
A. The project has been designed to be architecturally compatible with surrounding
development and conforms to the Poway Road Specific Plan development standards and
design guidelines. Therefore, the project respects and recognizes the interdependence
of land values and aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development by
utilizing a compatible architectural design consistent with the Poway Road Specific Plan.
Therefore, the proposed development respects the public concerns for the aesthetics of
development, and encourages the orderly and harmonious appearance of structures and
property within the City.
C. The granting of the DR would not be materially detrimental to the public health, safety or
welfare within the community since the proposed development will complete
improvements necessary for the mixed-use development.
D. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan and the Poway Road Specific Plan.
Section 4: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC) for CUP 17-017, are as follows:
A. The location, size, design, and operating characteristics of the proposed use (fitness
center) are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permits Regulations), the General Plan, and the Poway Road Specific Plan in that the use
is allowed in the Town Center district of Poway Road Specific Plan with a CUP.
B. 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,
people, buildings, structures, or natural resources in that the fitness center use is
compatible with other uses in the Town Center district.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is
consistent with the surrounding development, in that the use has been designed to be
integrated with the surrounding uses.
D. There are adequate public facilities, services and utilities available at the subject site to
serve the proposed use.
E. There will not be a harmful effect upon desirable neighborhood characteristics in that the
use is compatible with existing and proposed uses.
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 this use
will not generate more traffic than that associated with a typical commercial use.
G. The site is suitable for the type and intensity of use and development, in that the project
site will be developed with commercial and residential buildings and establishment of a
fitness center will not generate more traffic than that is associated with typical commercial
uses.
Resolution No. P-18-06
Page 3
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the site is currently developed and contains no natural habitat.
There are no relevant negative impacts of the proposed use that cannot be mitigated.
J. That the impacts, as described in subsections A through I of this Section, 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 or welfare, or materially injurious to properties or improvements in the
vicinity, nor be contrary to the adopted General Plan.
K. That the proposed conditional use will comply with each of the applicable provisions of
this title.
Section 5: The findings, in accordance with Government Code Section 66020 for the
public improvements needed as a result of the proposed development to protect the public health,
safety and welfare, are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all necessary
facilities will be available to serve this project.
B. The construction of public improvements is needed as a result of the proposed
development to protect the public health, safety and welfare as further described in the
conditions of approval.
C. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro-rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for the
residents of the City.
Section 6: The City Council hereby approves DR 17-010 and CUP 17-017, as shown
on the approved plans on file with the City, subject to the following conditions:
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 reasonable attorney's fees, collectively the "Claims" 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. Notwithstanding the foregoing, no indemnity shall be
required for claims resulting from the exclusive gross negligence or willful misconduct of
the City.
Resolution No. P-18-06
Page 4
B. This approval is based on the existing site conditions represented on the site plan. If actual
conditions vary from representations, the site plan must be changed to reflect the actual
conditions. Any substantial changes to the approved site plan must be approved by the
Director of Development Services and may require approval of the City Council.
C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC)
requirements that govern construction activity and noise levels.
D. Within 30 days of this approval, the applicant shall submit in writing that all conditions of
approval have been read and understood.
E. The conditions for the project shall remain in effect for the life of the subject property, and
shall run with the land and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
F. The developer shall comply with the following Engineering conditions:
Prior to issuance of a Grading Permit:
1. The applicant shall complete a lot merger for all parcels and it shall be filed with
the County Recorder.
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 prepared on a City of Poway
standard sheet at a scale of 1" = 20', unless otherwise approved by the City project
engineer. Submittal shall be made to the Department of Development Services
Engineering Division for review and approval. The grading design shall be 100%
complete at the time of submittal, ready for approval and issuance of permit.
Incomplete submittals will not be accepted. All materials as required by Chapter
16.48 of the Poway Municipal Code shall be submitted. All existing and proposed
easements within the project site shall be shown on the grading plans. The grading
plans shall also show any required shoring for the underground parking garage.
Locations, vertically and horizontally, of any tie-backs shall be shown.
4. Letters of permission from adjacent properties owners for proposed tie-backs
crossing property lines shall be provided.
5. Water Quality Control — Drainage and Flood Damage Prevention
A drainage study addressing the impacts of the 100-year storm event prepared by
a registered Civil Engineer is to be submitted and approved. The study shall
evaluate existing and proposed hydrologic and hydraulic conditions to the
satisfaction of the City project engineer.
6. Water Quality Control — Design and Construction
The project shall comply with the City and Regional Water Quality Control Board
stormwater requirements. The project is considered a Priority Development Project
and will be subject to all City and State requirements. A Storm Water Quality
Management Plan (SWQMP) prepared by a registered Civil Engineer is to be
submitted and approved.
Resolution No. P-18-06
Page 5
a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance
with Chapter 16.104 of the Poway Municipal Code, and a signed PDF version.
b. Property owner shall execute an approved Storm Water Management Facilities
Maintenance Agreement accepting responsibility for all structural BMP
maintenance, repair and replacement as outlined in the Operations and
Maintenance plan. The operation and maintenance requirements shall be
binding on the land throughout the life of the project as outlined in Chapter
16.104 of the Poway Municipal Code.
c. Applicant shall provide approval for the vector control plan from the County of
San Diego Department of Environmental Health.
7. Water Quality Control—Construction Storm Water Management Compliance: The
project proposes to disturb an area greater than 1 acre. Proof of coverage under
the General Permit for Discharges of Storm Water Associated with Construction
Activity (Construction General Permit, 2009-0009-DWQ, as amended by order
2010-0014) shall be provided to the City along with a copy of the Storm Water
Pollution Prevention Plan (SWPPP).
8. Grading securities in the amount and form described in Chapter 16.46 of the
Poway Municipal Code shall be posted with the City prior to grading plan approval.
This will include a minimum cash security of $2,000 in all instances.
9. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule.
10. Any existing and proposed public easements shall be depicted on the grading
plans. The proposed public easement dedications shall be submitted prior to
grading permit issuance.
11. Any private improvements within any publicly held easement or right-of-way may
require an encroachment agreement as determined necessary by the City
Engineer. All necessary encroachment agreements shall be approved and
executed prior to grading permit issuance.
12. Following approval of the grading plans, posting of securities and fees, and receipt
of five copies of the approved plans, the applicant shall attend a pre-construction
meeting at the Department of Development Services. The scheduling request
shall be submitted on a City standard form available from the City's project
engineer.
13. Construction staking is to be installed and inspected by the Engineering Inspector
prior to any clearing, grubbing or grading. 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.
14. A water systems analysis shall be performed to verify fire flows for the project.
Applicable fees shall be paid by the applicant.
Resolution No. P-18-06
Page 6
15. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" =
20', unless otherwise approved by the City's project engineer, in accordance with
the submittal and content requirements listed in the Poway Municipal Code shall
be approved. 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. The plan shall
include, at a minimum, the following features:
a. extension of sewer main and sewer manholes
b. any water improvements required based upon the water systems analysis
16. A plat and legal description for a minimum 20' wide sewer easement shall be
submitted to accommodate the public sewer main on the project site. Applicable
fees shall be paid for the easement review.
Prior to issuance of a Building Permit:
17. 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.
18. Erosion control 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.
19. 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.
20. Prior to start of any work within a City-held easement or right-of-way, a Right-of-
Way Permit shall be obtained from the Engineering Division of the Development
Services Department. All appropriate fees shall be paid prior to permit issuance.
21. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance.
22. The Public Improvement plan shall be approved. The applicant shall enter into a
Standard Agreement for public improvements for the work to be done as part of
the Public Improvement plan. The applicant will be responsible for posting
securities for public improvements in accordance with the Poway Municipal Code
Section 16.20.
Resolution No. P-18-06
Page 7
23. A portion of the below-grade parking garage as shown on the DR17-010 plans is
located within the existing FEMA special flood hazard area. The applicant shall
obtain a Floodplain Development Permit for the structure, subject to all current
FEMA requirements for below grade parking for mixed-use buildings located in
special flood hazard areas including but not limited to flood-proofing, and garage
entrance and finished floors at least one-foot above the base flood elevation. The
building plans shall also reflect all FEMA special flood hazard area requirements
for below grade parking for mixed-use buildings located in special flood hazard
areas.
Prior to issuance of a Certificate of Occupancy:
24. 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.
25. 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.
26. An adequate drainage system around the new building pads capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
27. The stormwater facilities shall be complete and operational prior to occupancy.
28. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to public improvements caused by construction activity from this project.
29. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section 16.52.130 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 (i.e. at least three weeks prior to a request for
occupancy is recommended). All other final reports and agreements, as outlined
in Section 16.52.130 of the Grading Ordinance are to be approved.
G. The developer shall comply with the following Planning conditions:
30. The community benefits for the project include a pedestrian passageway as
described in condition #34, and a "restaurant row" that includes a coffee shop and
food hall. These community benefits must remain in place unless an alternative
community benefit is provided and approved by City Council. Thecombined
seating for the two restaurant/cafe uses shall maintain a minimum seating capacity
of 80 persons.
31. Per the conditions of approval of Tree Removal Permit (TR 17-007), the developer
shall comply with the following:
a. The removal of thirty-one trees shall be replaced on-site with the planting of a
minimum of eight 48-inch box sized trees and twenty-six, 36-inch box sized
Resolution No. P-18-06
Page 8
trees of a species to the satisfaction of the Director of Development Services.
The trees shall be planted per the approved landscape plans for the
development project (DR17-010) or if this project is abandoned, the trees shall
be replaced according to a tree replacement planting plan reviewed and
approved by the Planning Division.
b. A modification to the number or sizes of the tree replacement requirement may
be approved by the Director of Development Services as part of the landscape
plan review. Please provide a written request to modify this requirement that
outlines the reasons of the request.
c. The replacement trees shall be planted prior to obtaining occupancy or within
24 months of their removal whichever comes first.
d. If the trees are proposed to be removed during the recognized nesting season
for birds (February 15 and August 15), a nesting bird survey shall be conducted
by a qualified biologist and report the findings in writing to the City. Between
February 15 and August 15, removal of trees containing nests shall be delayed
until such time as the nest(s) have been abandoned unless the removal can
be completed in accordance with California State codes and the Federal
Migratory Bird Treaty Act of 1918.
32. Landscape and irrigation plans shall be submitted. The landscape and irrigation
plans shall demonstrate compliance with the City of Poway Landscape and
Irrigation Design Manual, Chapter 17.41 PMC, and all other applicable standards
and ordinances in effect at the time of landscape and irrigation plan check
submittal. The landscape and irrigation plan submittal is a separate submittal from
other project plan check submittals, and is made directly to the Planning Division.
Landscape and irrigation plan review fees are required and are the responsibility
of the applicant.
33. 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. 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.
34. Pedestrian amenities for the internal pedestrian passageway and public open
space shall be further reviewed and approved as part of the landscape plan review
process. Seating, shaded areas, lighting, landscaping, trees and textured paving
elements shall be consistent with Chapter 4 (Design Guidelines) of the PRSP.
35. All architectural details shown on the approved DR plans shall also be shown on
the building plan check submittal. Any major modifications from the building and
site design details on the approved DR plans will require a DR revision and City
Council approval.
36. The building plans shall include details for all exterior lighting to demonstrate
conformance with PMC 17.10.150.H; including, but not limited to, reflecting light
Resolution No. P-18-06
Page 9
downward, away from any road or street, and away from any adjoining residential
development. Lighting shall be maintained in compliance with City standards by
the applicant for the life of the project.
37. Signs proposed for this development shall be approved under a separate Sign
Permit.
38. 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 from adjacent properties, to the satisfaction of the
Director of Development Services.
39. Exterior building materials and finishes shall reflect the approved elevations on file
with the City and the conditions of approval, and shall be noted on the building
plans, to the satisfaction of the Director of Development Services.
40. The developer shall pay a fair share cost of 7.5%for midblock pedestrian crossings
on Poway Road within the Town Center district to improve the pedestrian
experience, reduce gaps in the pedestrian network and improve pedestrian safety,
as outlined in Section 6.4 of the Poway Road Specific Plan.
41. Due to the culturally sensitive location of the property and considering that most of
the natural ground surface is not visible, cultural resource monitoring by a qualified
archaeologist shall be provided during ground disturbing activities associated with
the project (including, but not limited to, proposed on-site excavation, utility
trenching, or construction of stormwater improvements). The purpose of the
monitoring is to ensure that if buried cultural materials are present, they will be
handled in a timely and proper manner.
a. Prior to issuance of a grading permit, the applicant shall provide written
verification that a certified archeological monitor has been retained to
implement the monitoring program. This verification shall be presented in
a letter from the project archeologist to the City of Poway — Planning
Division.
b. The certified archeologist shall attend the pre-construction meeting with
the contractors to explain and coordinate the requirements of the
monitoring program.
c. During the original cutting of previously undisturbed deposits, the
archeological monitor shall be on-site as determined by the consulting
archeologist to perform periodic inspections of the excavations. The
frequency of inspections will depend upon the rate of excavation, the
materials excavated, and the abundance of artifacts and features.
d. Isolated and clearly non-significant deposits will be minimally documented
in the field, so the monitored grading can proceed.
e. In the event that previously unidentified cultural resources are discovered,
the archeologist shall have the authority to divert or temporarily halt ground
disturbance operations in the area of discovery to allow for the evaluation
of potentially significant cultural resources. If appropriate, a Native
American representative may be contacted to review any discovery
associated with the prehistoric occupation of this area. The archeologist
Resolution No. P-18-06
Page 10
shall contact the City of Poway at the time of discovery. The archeologist,
in consultation with the City, shall determine the significance of the
discovered resources. The City must concur with the evaluation before
construction activities will be allowed to resume in the affected area. For
significant cultural resources, a Research Design and Data Recovery
Program to mitigate impacts shall be prepared by the consulting
archeologist and approved by the City before being carried out using
professional archeological methods. If any human bones are discovered,
the county coroner and lead agency shall be contacted. In the event the
remains are determined to be of Native American origin, the most likely
descendant, as identified by the Native American Heritage Commission,
shall be contacted in order to determine proper treatment and disposition
of the remains.
f. Before construction activities are allowed to resume in the affected area,
the artifacts shall be recovered, and features recorded using professional
archeological methods for an adequate artifact sample for analysis. The
archaeological monitor(s) in consultation with the City shall determine the
amount of material to be recovered for adequate artifact sample for
analysis.
g. All cultural material collected during the monitoring program shall be
processed and curated according to the current professional repository
standards. The collections and associated records shall be transferred,
including title, to an appropriate curation facility, to be accompanied by
payment of the fees necessary for permanent curation.
h. A report documenting the field and analysis results and interpreting the
artifact and research data within the research context shall be completed
and submitted to the satisfaction of the City prior to the issuance of any
building permits. The report shall include the required archeological forms,
including but not limited to, the Department of Parks and Recreation
Primary and Archaeological Site Forms.
H. The developer shall comply with the following Building conditions:
42. The site plan included with the building plan check shall be consistent with
the approved DR site plan on file in the Development Services Department and
the conditions contained herein. The phasing of onsite building construction and
onsite improvements may be allowed subject to the approval of the Director of
Development Services. If phasing is proposed, the applicant shall submit a
phasing plan for review and approval prior to the issuance of any Building Permit.
The applicant shall comply with the latest adopted Building and Fire Codes and
Ordinances in effect at the time of permit issuance.
43. School impact fees shall be paid at the rate established at the time of Building
Permit issuance. Please contact the Poway Unified School District at 858-679-
2570 for additional information.
The developer shall comply with the following Public Works conditions:
44. All existing sewer laterals shall be abandoned on Poway Road at the mainline to
the satisfaction of the Public Works Department prior to certificate of occupancy.
Resolution No. P-18-06
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45. Garage sump discharge locations shall be shown on plans and approved prior to
building permit issuance.
46. Installation of a sewer manhole at the edge of the 40' easement near the southerly
property line shall be required.
47. Waste and recycling receptacle locations shall be shown on plans and approved
by Public Works prior to building permit issuance.
48. A food waste diversion plan for all mixed-use waste products is required and shall
be approved by Public Works prior to building permit issuance.
49. Details of trash chutes shall be provided to Public Works for review and approval
as part of the building plan check submittal.
50. Installation of a street light on Poway Road is required. The location of the street
light shall be indicated on the improvement plans to the satisfaction of the City
Engineer or Public Works Director prior to building permit.
51. The applicant shall annex the property(s) into Lighting Districts A & C prior to
certificate of occupancy.
J. The developer shall comply with the following Fire conditions:
52. The applicant is required to meet all applicable Poway Municipal Code and
California State Fire and Building Codes for this project. The applicant is
encouraged to contact the Division of Fire Prevention at (858) 668-4473 to set up
a meeting prior to submitting building plans in order to review project requirements.
53. A water systems analysis will be required to establish available fire flow. The water
supply may require approved improvement to include the addition of water mains
and fire hydrants as determined and approved by the Fire Department.
54. Approved fire apparatus access roadways shall be provided for every facility,
building or portion of a building. The fire apparatus access roadway shall extend
to within 150-feet of all portions of the project and all portions of the exterior walls
of the first story of all buildings as measured by an approved route around the
exterior of the building or facility. The required, approved routes on the east and
west of the project are not compliant due to obstructions including narrow widths,
block walls, landscaping and hardscape.
55. Fire Department access for use of firefighting equipment shall be provided to the
immediate job construction site at the start of construction and maintained at all
times until construction is completed. Access to each phase of development shall
be to the satisfaction of the City Engineer and City Fire Marshal.
56. The project shall be accessible to Fire Department apparatus by way of access
roadways with all-weather driving surface of not less than 20-feet of unobstructed
width, with adequate roadway turning radius capable of supporting the imposed
loads of fire apparatus having a minimum of 13'6" of vertical clearance. This 20-
foot access width is the minimum required for Fire Department emergency access.
Resolution No. P-18-06
Page 12
In most cases, City Engineering standards will be more restricting. The more
restrictive standard shall apply. The Fire Chief, pursuant to the City of Poway
Municipal Code, shall approve the road surface type.
57. The parking structure and all buildings are required to be equipped with an
approved fire sprinkler system according to Poway Municipal Code requirements.
The fire sprinkler system shall be designed to meet minimum design density at the
roof per NFPA 13 requirements for the parking structure and all non-residential
areas. The fire sprinkler system installed in the residential occupancies shall meet
NFPA 13R requirements. All systems are required to be monitored by a central
monitoring company. Backflow valve assemblies with tamper switches shall be
monitored. The City Fire Marshal shall locate these fire protection devices prior to
installation. Two separate plan submittals to the fire department will be required,
one for the for the fire service underground and a second for fire sprinkler design.
A water analysis is required.
58. The parking structure and all buildings are required to be equipped with an
approved Class 1 automatic wet fire protection system according to Poway
Municipal Code requirements. The standpipe system shall be installed according
to NFPA 14. A plan submittal to the fire department is required.
59. 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.
60. A metal sign with raised letters at least 1 inch (25mm) in size shall be mounted on
all fire department connections serving automatic sprinklers, standpipes or fire
pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or
STANDPIPES or TEST CONNECTION or a combination thereof as applicable.
Where the fire department connection does not serve the entire building, a sign
shall be provided indicating the portions of the building served.
61. A properly licensed contractor shall install an automatic fire alarm system to
approved standards according to the Poway Municipal Code. The system shall be
installed according to NFPA 72. The system shall be completely monitored by a
UL listed central station alarm company or proprietary remote station. A plan
submittal to the fire department is required.
62. A'Knox' Security Key Box shall be required for the building at locations determined
by the City Fire Marshal.
63. The Building shall display the approved numbers and/or addresses in a location
plainly visible and legible from the street or roadway fronting the property from
either direction of approach. Said numbers shall contrast with their background
and a size approved by the City. Each 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.
64. A 2A10BC fire extinguisher(s) are required for office areas every 3,000 square feet
and 75 feet of travel distance.
Resolution No. P-18-06
Page 13
65. If an elevator is installed in a building, at least one shall be sized to accommodate
a normal hospital gurney. Minimum dimensions for the inside car platform shall
meet the "Medical" size standards per the California Building Code.
66. A hood and duct extinguishing system shall be installed for all commercial cooking
facilities within a kitchen area. A plan submittal to the fire department is required
prior to installation.
67. Smoke detectors shall be installed in all residential bedrooms and adjoining
hallways. The smoke detectors shall be hard-wired, with a battery backup, and
shall be wired in such a manner that if one detector activates, all detectors activate.
68. Carbon monoxide detectors shall be installed in residential hallways adjoining
bedrooms, both in the proposed addition and existing residence. The carbon
monoxide detectors shall be hard-wired, with a battery backup, and shall be wired
in such a manner that if one detector activates, all detectors activate.
69. Permanent access roadways for fire apparatus shall be designated as Tire Lanes"
with appropriate signs and curb markings.
70. The applicant shall provide a detailed plan for all storage areas and a complete
racking plan, when applicable.
Section 7: The approval of DR 17-010 and CUP 17-018 shall expire two years from
l the date of approval, on March 6, 2020, at 5:00 p.m., unless prior to that time a Building Permit
has been issued and construction has commenced on the property or an extension has been •
approved by the City.
Section 8: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 6th day of March 2018.
Steve Vaus, Mayor
ATTEST:
Nancyiufdld, CMC, City Clerk
Resolution No. P-18-06
Page 14
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-18-06 was duly adopted by the City Council
at a meeting of said City Council held on the 6th day of March 2018, and that it was so adopted
by the following vote: •
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Yl L
e
ay ael CMC,
City Clerk
City of Poway
•