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In the event that CUP 17-011 and DR 17-007 expires or is rescinded by City Council, or the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.
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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 "'
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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
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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