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Covenant Regarding Real Property 2018-0394062RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 314-193-48 CUP 17-011 & DR 17-007 DOC# 2018-0394062 IIIIiI l!IIi 11111 11111 IIII 111111111111111111111 VIII VIII VIII IIII IIII Sep 20, 2018 02:27 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $134.00 (SB2 Atkins. $75.00) PAGES: 16 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Antonio Arcangeli, Felicity Arcangeli, Mark Wary and Terry Wary ("OWNER" hereinafter) is the owner of real property commonly known as 13612 Aubrey Street ("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 Conditional Use Permit (CUP) 17-011 and Development Review (DR) 17-007 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in the attached Resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that CUP 17-011 and DR 17-007 expires or is rescinded by City Council, or the OWNER terminates the use permitted by CUP 17-011 and DR 17-007, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 17-011 and DR 17-007 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. Dated: 0q l I Dated: D9- ( (• 1?,01?2 Dated: 3 ' Dated: Of ') 3' a D i 8 OW OR AgD40RVED AGENT: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 /, Cln Ony21 I D . Date personally appeared before me, Here Insert Nan2e and Title of the Officer of Signer(s) who proved to me on the basis of satisfactory evidence to be the persgaKwhose name(s) ise subscri,4ad..ko the within instrument and acknowledge me that he/sh they executed the sarn his/her their uthorized capacity(ies), and that by his/he their ignature(s) on nstrument the person(s), or the a upon behalf of which the person(s) acted, a cuted the instrument. Place Notary Seal Above 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 Doqunnent Title or Type of Docuumnit: V PJid Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JOHANNA M. CONNER N�CoMM.M 2106557 '^ NOTARY PUBLIC CALIFORNIA N Signature (��a %VC • LIILuyy, o BAN DECO COUNTY Signature of Notary Public MY COMM. ESP. MAY 9, 2019 "' Place Notary Seal Above 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 Doqunnent Title or Type of Docuumnit: V PJid Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Sr, n n i On &WkM „ll r 2019 before me, La44-11 Pen G-ccm4 I tlo---a yiw= pjb 11 Date �I Here Insert Na e and Title of e Officer personally appeared Q -n -%nn i c A rCGtrir,e ("n4 E�j' C[f14 4rrj U1 cQJi' Name of Signer® who proved to me on the basis of satisfactory evidence to be the persciD whose namE{t4s/ re subscribed to the within instrument and acknowledged to me that ha4shatfheg executed the same in heir uthorized capacit>tPSN and that by hisEher40 signatureigon t e instrument the persorko or the an i y upon behalf of whit the persor{bb 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. KATHLEEN GRAY WITNESS my hand and official seal. ComtMaalon p 2106913 -i Notary Public -California z z San Diego County ' Signature 4 Comm. Expires Apr 14, 2019 Signature of Notary F&fic Place Notary Seal Above 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 Title or Type of Dm nt: (20ve ocu Document Date: q I I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ,//) CITY OF PO AY: Dated: `7 ! 9 By: Ro ert J. Manis, Direc r o ev,41opment Services EXHIBIT A All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL 1: LOT 4, OF CITY OF POWAY TRACT 04-04, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15602, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 10, 2007. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD AND UTILITY AND PIPELINE PURPOSES OVER, UNDER, ALONG AND ACROSS THE SOUTH 20 FEET OF THE WEST 460 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ASSESSOR'S PARCEL NUMBER: 314-193-48-00 EXHIBIT B RESOLUTION NO. P-18-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 17-011 AND DEVELOPMENT REVIEW 17-007 ASSESSOR'S PARCEL NUMBER 314-193-48 WHEREAS, an application was submitted by Antonio and Felicity Arcangell and Mark and Terry Wery to develop and establish a 6,078- square -foot Residential Care Facility (RCF) serving 7 to 15 residents on a vacant, 0.5 -acre property located at 13612 Aubrey Street within the Residential Single -Family 2 (RS -2) zone; and WHEREAS, on August 21, 2018, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The proposed project is Categorically Exempt as a Class 32 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines, in that the project involves in -fill development that is consistent with the applicable General Plan designation and all policies, as well as with applicable zoning designations and regulations; the 0.5 -acre project site is less than five acres in size and surrounded by urban uses; the project site has no value as habitat for endangered, rare or threatened species; the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for Conditional Use Permit (CUP) 17-011 are made as follows: A. The location, size, design and operating characteristics of the proposed use are In accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that a RCF for 7 to 15 residents is permitted in the RS -2 zone with the approval of 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 it is anticipated that the RCF will be a quiet, low traffic generating use, so it will be compatible with the surrounding residential and commercial development, and adequate onsite parking will be provided to serve the use. C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with the surrounding residential and commercial development, in that the project has been designed to comply with all of the development standards of the zone, including setbacks, building height and lot coverage. 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 it is anticipated that the RCF will be a quiet, low traffic generating use, so it will be compatible Resolution No. P-18-21 Page 2 with the surrounding residential, park and commercial development. Additionally, the project has been designed to provide adequate onsite parking, and the architectural style of the building is consistent with the Old Poway Specific Plan (OPSP) design standards, so it will be in character with surrounding development. 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. G. The site is suitable for the type and intensity of use or development in that it is anticipated that the RCF will be a quiet, low traffic generating residential use, so it will be compatible with the surrounding residential and commercial development; and the project has been designed to provide adequate onsite parking for the proposed use. There will not be significant harmful effects upon environmental quality and natural resources in that the proposed RCP will be located on a property that has been previously graded and contains no remaining 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; and K. That the proposed conditional use will comply with each of the applicable provisions of this title. Section 3: The findings for Development Review (DR) 17-007, in accordance with Section 17.52.010 of the PMC Purpose of Development Review, are made as follows: A. The project has been designed to be architecturally compatible and in scale with surrounding residential and commercial development. 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 in that the building has been designed to be consistent with the OPSP design standards and the exterior materials and colors of the building will be compatible with the surrounding residential and commercial development. 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 project will be required to construct the necessary utility service improvements and adequate infrastructure exists in the area to serve the site. D. The project has been designed to be consistent with development in the surrounding area in that the project has been designed to comply with the required design standards of the OPSP and the exterior materials and colors of the building will blend visually and be compatible with the surrounding residential and commercial development, Additionally, the building and improvements have been designed to be sited so that the view of the Resolution No. P-18-21 Page 3 historic Plaisted House is preserved from the Midland Road and Aubrey Street intersection. Therefore, the proposed development respects the public concerns for the aesthetics of development. E. The project will not have an adverse effect on the aesthetics, health and safety, or an architecturally -related impact upon adjoining properties, in that the project has been designed to comply with the required design standards of the OPSP and the exterior materials and colors of the building blend visually and be compatible with the surrounding residential and commercial development. F. The design of the proposed development is consistent with all elements of the Poway General Plan and the Old Poway Specific Plan, as well as the project conforms with the applicable provisions of the Zoning Code. G. The project complies with all of the provisions of the zoning ordinance and the general plan. Section 4: The findings, pursuant to Government Code Section 66020, for the public improvements for DR 17-007 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. 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 5: The City Council hereby approves CUP 17-011 and DR 17-007 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 attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this CUP request shall apply only to the subject project 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. Resolution No. P-18-21 Page 4 Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. The conditions of CUP 17-011 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. CUP 17-011 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. The maximum number of residents that may reside in the subject RCF shall not exceed fifteen. Prior to establishment of the use, the necessary approvals and license shall be obtained from the Community Care Licensing Division of the State of California. H. The applicant shall obtain a Grading Permit. Prior to Grading Permit issuance, the applicant shall comply with the following: (Engineering) 1. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development. 2. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the PMC shall be submitted. 3. On the grading plan, the applicant shall show the slopes along the northern boundary of the site to be recompacted to the satisfaction of the City Engineer. 4. A drainage study addressing the impacts of the 100 -year storm event prepared by a licensed 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. 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 Standard Development Project and will be subject to all City and State requirements. A Standard Project Storm Water Quality Management Plan (SWQMP) is to be submitted, consisting of the forms listed in the Poway BMP Design Manual, Section 8.1.1. Resolution No. P-18-21 Page 5 6. Grading securities shall be posted with the City prior to grading plan approval per section 16.46.080 of the PMC. A minimum cash security of $2,000 is required in all instances. 7. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. The current fee amount is $1,054. 8. 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. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 9. 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. 10. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. (Planning) 11. Prior to removal of any trees a Tree Removal Permit shall be obtained, and tree replacements provided in compliance with PMC Chapter 12.32. Prior to removal of trees during the recognized nesting season for raptors, a qualified professional shall evaluate the subject trees for nests and report the findings in writing to the City. Should a nest be located, removal of the tree shall be delayed until such time as the nest(s) have been abandoned. 12. The plan shall show and note all required parking. Parking shall be provided in accordance with the Off-street Parking standards of the PMC. Based on proposed peak staffing levels being three (3) employees, and accounting for employee overlap during shift change, a minimum of eight (8) parking spaces shall be provided to comply with Off-street Parking standards (1 space/4 beds plus 1 space per the highest employee shift). Parking shall comply with Title 24 and American's with Disabilities Act standards. 13. All parking lot landscaping shall include a minimum of one 15 -gallon size tree for every three spaces. For parking lot islands, a minimum 12 -inch -wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a six -inch - high, six -inch -wide Portland concrete cement curb. 14. All two-way traffic aisles shall be a minimum of 25 -feet wide. Resolution No. P-18-21 Page 6 15. A minimum of 25 -foot -wide emergency vehicle access shall be provided, maintained free and clear at all times during construction, in accordance with Safety Services Department requirements. 16. Clearly show on the site plan of the building plans a trash enclosure of an adequate dimension to accommodate both trash and recycled materials containers. The trash enclosure shall be sited clear of the required view corridor of the Plaisted House as shown on the approved project site plan titled "Subdivision Site Plan" on file in the Development Services Department, Planning Division. The applicant shall obtain a Building Permit. Prior to issuance of a Building Permit, the applicant shall comply with the following: 1, The applicant shall comply with the latest adopted building and electric codes, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 2. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. (Engineering) 3. 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 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. 4. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a) Three copies of certification of line and grade for the lot, prepared by the civil engineer of work. b) Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 5. All spoil materials from footings and foundations shall be legally disposed of off-site or if the material is to remain onsite, the material shall be placed per the requirements of the City grading ordinance. 6. The 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. 7. A minimum cash security for erosion control is required. 8. The applicant shall attend a pre -construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, Resolution No. P-18.21 Page 7 sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project Inspector. 9. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life. 10. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. 11. 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. (Planning) 12. The applicant shall contact the Poway Unified School District (858) 679-2570 to verify if school impact fees are required. If required, the fees shall be paid at the rate established at the time of Building Permit issuance. 13. The maximum height of any fence shall not exceed six feet. When a retaining wall is used to increase usable lot area, the sum total of any combination of fence or wall and retaining wall shall not exceed six feet in height unless a five-foot landscape area is provided between the retaining wall and fence or wall. 14. All architectural details shown on the approved CUP/DR plans shall also be shown on the building plan check submittal. Any major modifications to the building or site design details on the approved CUP/DR plans will require a DR revision and City Council approval. 15. The building plans shall include elevations and cross sections that show all roof appurtenances, including air conditioning, architecturally integrated, screened from view, and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 16. The colors on the building shall be consistent with the approved colors on file in the Planning Division. 17. The site plan shall note that all parking spaces will be double striped. The minimum dimensions for standard sized parking stalls shall be 8.5'x 18.5'. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces, with one van accessible space. 18. The building plans shall include proposed fencing, including the height, location, design, and material. Fences shall be consistent with the architectural design of Old Poway and with the associated development project to the satisfaction of the Director of Development Services. 19. Landscape and irrigation plans shall be submitted and approved. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, the OPSP, and all other applicable standards and ordinances in effect at the time of landscape and irrigation plan submittal. This includes but is not limited to the submittal of an irrigation audit report Resolution No, P-1821 Page 8 pursuant to Section 17.41.110 of the PMC, prior to final inspections/issuance of a Certificate of Occupancy. The landscape and irrigation plan submittal is separate from other project plan check submittals and is made to the Planning Division. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. To the satisfaction of the Director of Development Services, the landscape plans shall also provide the following: a. Irrigation, and plant sizes and species for the landscape areas; A minimum of one 15 -gallon tree, per City specifications, shall be provided for every three parking spaces. Said tree shall be so located to provide shade cover for the vehicles; and b. In connection with the conditions of approval of Tree Removal (TR) 05-22 for the underlying subdivision, a minimum of six 24 -inch box sized trees shall be planted along the driveway easement along the easterly property line leading to the neighboring home located at 13824 Aubrey Street. These trees shall be a fast-growing species to gain height as soon as possible. 20. Proposed signage shall be in accordance with the Poway Sign Ordinance; the necessary permits and approvals shall be obtained for any signage proposed prior to installation. Directional signage shall be installed at the proposed (easterly) driveway entrance from Aubrey Street advising that the driveway is for entrance only. The following requirements shall be completed to the satisfaction of the Director of Safety Services: 1. 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 the development shall be to the satisfaction of the City Engineer and City Fire Marshal. 2. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 3. The building 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 not less than 28 -feet, capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. The Fire Chief, pursuant to the City of PMC, shall approve the road surface type. 4. The building will be required to install an approved fire sprinkler system, meeting PMC requirements. The building sprinkler system shall be designed to meet NFPA 13R requirements. The entire system is 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 fire sprinkler design and the second for the fire service underground. A water analysis will not be required. 5. A properly licensed contractor shall install an automatic fire alarm system to approved standards. System shall be completely monitored by a UL listed central station alarm company or proprietary remote station. Resolution No. P-18-21 Page 9 6. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. 7. 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. The 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. 8. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key -operated switches overriding all command functions and opening gates. A dual keyed or dual switches shall be provided to facilitate access by law enforcement. 9. The project shall meet all requirements, including exiting and safe refuge area assembly, as required for licensure by the CA Department of Social Services. 10. A 2A10BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. 11. Material safety data sheets shall be required for all hazardous and/or toxic substances used in the building. K. Prior to issuance of the Certificate of Occupancy: (Engineering) 1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. 2. The drainage facilities, driveway, and all utility services shall be installed and completed by the property owner and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground. 3. An adequate drainage system shall be provided around the new building pad capable of handling and disposing all surface water to the satisfaction of the Engineering Inspector. 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public improvements caused by construction activity from this project. 5. A private road maintenance agreement shall be executed. The applicant shall submit any necessary legal descriptions and plat maps for the agreement. The agreement shall include all private roads from the proposed driveway to the nearest public road. The agreement shall be in a form satisfactory to the City Attorney. (Planning) 1. The site shall be developed, and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. 2, Landscaping shall be installed per the approved landscape plan. Resolution No. P-18-21 Page 10 L. Upon establishment of the proposed use, pursuant to CUP 17-011, the following shall apply: 1. All landscaping onsite and within the adjacent public right-of-way shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning shall not remove more than 25 percent of the trees' leaf surface. 2. The parking areas, driveways and landscape areas shall be well maintained. Section 6: The approval of CUP 17-011 and DR 17-007 shall expire on August 21, 2020, 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 approval has commenced prior to its expiration. Section 7: 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 21st day of August 2018. Steve Vaus, Mayor ATTEST: ncy 1 eu eld, CMC, City Clerk Resolution No. P-18-21 Page 11 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-18-21 was duly adopted by the City Council at a meeting held on the 21st day of August 2018 and that it was so adopted by the following vote: AYES: LEONARD, FRANK, GROSCH, MULLIN. VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ,b. ZcyWbufeld, CMC. City Clerk City of Poway