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Covenant Regarding Real Property 2018-0516106Cts APN: 317.130.64 and 317-130-65 CUP 16-008 and DR 16.017 (This space for Recorders Use) COVENANT REGARDING REAL PROPERTY Poway Town and Country Shopping Center and Edward C. Malone and Barbara J. Malone Trust ("OWNERS" hereinafter) are the owners of real property commonly known as 13464 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 Conditional Use Permit (CUP)16-008 and Development Review (DR) 16-017 by the City of Poway ("CITY" hereinafter), OWNERS hereby agree 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 In the event that CUP 16-008 and DR 16-017 expires or is rescinded by City Council, or the OWNERS terminates the use permitted by CUP 16-008 and DR 16-017, upon the request of the OWNERS the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 16-008 and DR 16-017 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. POWAY TOWN & COUNTRY SHOPPING CENTER, a California general partnership By: PTC Limited, a California Limited Partnership, General Partner e R bert Carson 2004 Trust, dated January 8, 2004, Ge ra ;WL404 Dated: v.o / gy: J vL� Robert W. Carson, Trustee By: The Michael Robert Perry Trust, dated June 1, 2017, General Partner Dated: C' By: al Michael R. Perry, Trustee p Uf* life heel gohe4 0 ✓ DOC# 2018-0516106 RECORDING REQUEST BY: ) IIIIIIIIIIIIIIIII VIII IIII IIIIII VIII IIIIIIIIII VIII IIIIIIIIII IIII IIII CITY OF POWAY ) Dec 17, 2018 01:25 PM OFFICIAL RECORDS W ) WHEN RECORDED MAIL TO: Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER j FEES: $65.00 (SB2 Atkins: $0.00) CITY CLERK CITY OF POWAY ) PAGES: 18 P O BOX 789 ) POWAY CA 92074-0789 ) APN: 317.130.64 and 317-130-65 CUP 16-008 and DR 16.017 (This space for Recorders Use) COVENANT REGARDING REAL PROPERTY Poway Town and Country Shopping Center and Edward C. Malone and Barbara J. Malone Trust ("OWNERS" hereinafter) are the owners of real property commonly known as 13464 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 Conditional Use Permit (CUP)16-008 and Development Review (DR) 16-017 by the City of Poway ("CITY" hereinafter), OWNERS hereby agree 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 16-008 and DR 16-017 expires or is rescinded by City Council, or the OWNERS terminates the use permitted by CUP 16-008 and DR 16-017, upon the request of the OWNERS the CITY shall expunge this Covenant from the record title of the PROPERTY and CUP 16-008 and DR 16-017 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. POWAY TOWN & COUNTRY SHOPPING CENTER, a California general partnership By: PTC Limited, a California Limited Partnership, General Partner e R bert Carson 2004 Trust, dated January 8, 2004, Ge ra ;WL404 Dated: v.o / gy: J vL� Robert W. Carson, Trustee By: The Michael Robert Perry Trust, dated June 1, 2017, General Partner Dated: C' By: al Michael R. Perry, Trustee p Uf* life heel gohe4 0 ✓ 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 SaN 'J, t1 u ) On Scor 26 20146 before me, V3ru.f- Not Pu2�_,c. Date Here Insert Name and Title of the Officer personally appeared ZPLEfxr W. C A-oc,oJ Name(s) of Signer(s) who proved to me on the basis of satisfactory evldence 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. JEFF DEWITT Commission 7x 2102702 It, z ff� Notary Public - California `z. gar Sacramento County u y� Comm Expires Apr 6 2019.19 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand and offciT Signature . _�] 07 Signature ok N ublic 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 Document: nw eno,,V Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacitypes) 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: rc.`cc 02016 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800.876.6827) Item 115907 CALIFORNIA ALL-PURPOSE ��11 •� 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 Date and Title of the Officer personally appeared tcl L L P4,1,UULV Names) of Si ner(s) who proved to me on the basis of satisfactory evidence to be the arsonl,�/) whose name s are Sbscribed to the within instrument and acknowledged to me that(heleheittiby executed the s8fne I Is r authorized capacity(ies), and that b 1 erAheir signature on the Instrument the person r the entity upon behalf of which the person(%) Ott Z, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true anc),correct. C. SHOLLENBERGERC WITNES my hand an official seal. Cof PUBLIC 2184475 — NS'M1F.IPUBIIGfAUFOFFIF Sao U.cGO COW,Tl P., ca,v EKP. Mae is 2021 Signature Signature of Notary Public 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 Document: Document Date: Signer(s) Other Than Named Above, Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Tltle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator fl Other: Signer Is Representing: 02016 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Signature Page to Covenant Regarding Real Property E4,wrd e. A\one c ,ii ). atone %moi Barbara J. Malone, TrListee under Declaration Of Trust Dated December 14, 1972 A notarV� public or other officer completing this certificate verifies only the identity of the individual Ni ho signed the document to which this certificate is attached, and not the buthfohless, accuracy, or validit} of that document. State of California County of San `71cA0 On laovewbev 1'L �-01O , before me,-Iimin�o4\�o V�\uu�v(,2 , a Notary Public, personally appeared 'l&Ybafa 75- Ma\one who proved to me on the basis of satisfactory evidence to be the personN whose nameN Aare subscribed to the within instrument and acknowledged to me that he/they executed the same in his her their authorized capacity(IIs), and that by his/ ]e)/their signature() on the instrument t e personN), or the entity upon behalf of which the persons) 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. VVITNESS my hand and official seal. MIN PATINO VELAZQUEZ COMM. #2247201 w Signature NOTARY PUBLIC• CALIFORNIA g~ g ��/. BAN DIEGO COUNTY _...... _._.. Canmiseion i June 22 2022 C H K F U52926 \1888493.1 CITY OF WAY: Dated:—/"/' -7L/9 By: - e"ll. 4 Z2 ob rt J. Manis, Dire for f evelo ment Services 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 San Diego ) On LjECerNblr 0 r aOI X before me, Yvonne Mannion Notary Public Date1 _ Here Insert Name and Title of the Officer personally appeared 12OLe1-E J. A14AiS Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th arson (s) whose name(s)�re subscribed to the within instrument and acknowledged to me that h she/they executed the same In Ihi /her/their authorized capacity(ies), and that byl(i Rher/their signature s) on the instrument the person(s), the entity upon behalf of which the person(s) acted, executed the instrument. YVONNE MANNION Notary Public - Cali,ornia San Diego County Commisalol a 22017.""r My Comm. Expires Jun ifi. 2421 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. Signature kLAL A 14r,1,1 e�) VQ Signature of Notary Public 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 E Title or Type of Document: 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: of 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 NOT TO SCALE O?P of !til Vol M o, 2 PARKING AREA - nPl N88'43'41 W 115. 75 I N88'45'41 W 150.01 D�I IPOWAY ROAD 1'�� N01'f6'37"E (PUBLIC STREET) N88'43'41 'W 415,18' ==Y LEASE AREA LOT 5, AND PORTIONS OF LOTS 3 k 4 OF TRACT N0. 3844-1, MAP NO. 9561, RECORDS OF SAN DIEGO, COUNTY. Prepomd by G Trwww and Awwktq int CM Eh&om and Lmd SlmMO � ul BUILDING PARCEL, INDICATES CHICK—FIL—A LEASE AREA (24,003 SF., 0.551 Acres) PARKING PARCEL, INDICATES CHICK—FIL—A \\\ LEASE AREA (18,522 S.F., 0.425 Acres) 42,525 SF. TOTAL CHICK-FIL-A LEASE AREA CITY OF POWAY DBAWN: PJSQIIfD: SYN PAGE 1 OF 1 DAM 4-10-18 DATE: =-10-16 EXHIBIT A RESOLUTION NO. P-18-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE - PERMIT 16-008 AND DEVELOPMENT REVIEW 16-017 ASSESSOR'S PARCEL NUMBER 317-130-64 and 65 WHEREAS, Conditional Use Permit (CUP)16-008 and Development Review (DR)16-017 were submitted by Chick-Fil-A, Applicant / Poway Town and Country Shopping Center, Owner of APN 317-130.65 and Edward C. Malone and Barbara J. Malone Trust, Owner of APN 317-130- 65, a proposal to demolish the existing 6,500 -square -foot restaurant building located at 13464 Poway Road within the Mixed -Use District of the Poway Road Specific Plan (PRSP) and replace it with a 4,584 square -foot drive-through restaurant building; WHEREAS, a Conditional Use Permit is required for a drive-through restaurant In the Mixed -Use District; and WHEREAS, on April 3, 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: This project replaces an existing restaurant and is substantially consistent with the PRSP. An Environmental Impact Report (EIR) was prepared to analyze the impacts of the buildout of the PRSP, and the EIR was certified by the City Council on December 5, 2017. Technical studies were conducted, and the project was found to be consistent with the PRSP that was analyzed in the EIR and confirmed that no further environmental analysis is required pursuant to Public Resources Code Section 21186 and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163 because there are no substantial changes to either the project or the surrounding circumstances, nor any new Information, that would require subsequent or supplemental environmental review. Therefore, no further environmental analysis is required of the project. Section 2: The findings in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) for the approval of CUP 16-008 to develop a 4,584 -square -foot drive-through restaurant on the property at 13464 Poway Road 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 Permit Regulations), the General Plan, and the development policies and standards of the City in that the PRSP, the City's General Plan, and the development policies and standards of the City in that the subject use is allowed in the Mixed use district 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 project has been designed and will be conducted such that it will be compatible with the surrounding businesses within the commercial center. A standard operational practice of posting staff with electronic handheld menu order pads at the entrance of the drive through lanes during peak use hours to promote quick traffic flow in the drive-through lanes is included as a EXHIBIT B Resolution No. P-18-13 Page 2 condition of approval in the CUP to ensure compatible operation with surrounding businesses. C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with adjacent uses inthat-the-project involves the demolition of the existing 6,500 -square -foot restaurant and the construction of a smaller new 4,584 -square -fool drive-through restaurant. Additionally, the business is required to be conducted in a manner that will be compatible with surrounding businesses within the commercial center. 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 characteristics within the commercial center in that the project has been designed to be architecturally compatible with other commercial buildings within the center and the proposed site design is compatible with the existing site design of the surrounding commercial center. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that the project has been designed to handle onsite drive-through traffic that will be associated with the business. Additionally, the use employs a standard operating practice of posting staff with electronic handheld menu order pads at the entrance of the drive through lanes to manage and promote quick traffic flow in the drive-through lanes during peak times. G. The site is suitable for the type and intensity of use or development that is proposed in that the proposed restaurant is smaller in size then the existing restaurant that is being replaced on the site and the project has been designed to handle onsite drive-through traffic that will fit with other retail and restaurant uses in the commercial center. Additionally, parking for the use will be accommodated onsite. H. There will not be significant harmful effects upon environmental quality and natural resources in that the subject site is part of an existing fully developed commercial center and the project will result in the redevelopment of an existing sit-down restaurant site with a new drive-through restaurant. 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 PRSP. K. That the proposed conditional use will comply with each of the applicable provisions of this title. Resolution No. P-18-13 Page 3 Section 3: The findings for DR 16-017, in accordance with the PMC 17.52.010 Purpose of Development Review, are made as follows: A. The project has been designed to be architecturally compatible with surrounding development and conforms to the PRSP-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 an architectural design that is substantially consistent with the PRSP and will be compatible with surrounding commercial center 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 redevelopment project will complete improvements necessary for the proposed drive-through restaurant. D. The project has been designed to be consistent with the surrounding commercial development in the area by utilizing exterior building materials and an architectural design that is compatible. Therefore, the proposed development respects the public concems for aesthetics of development. E. The project will not have an adverse effect on the aesthetics, health and safety, nor an architecturally -related impact upon adjoining properties, as the project has been designed to be consistent with the surrounding commercial development in the area by utilizing exterior building materials and architectural design compatible with nearby development. F. The design and improvements of the proposed development are substantially consistent With all elements of the Poway General Plan and the PRSP. Section4: The City Council hereby approves CUP 16-008 and DR 16.017 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 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. Resolution No. P-18-13 Page 4 B. Approval of this CUP and DR 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. C. 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, including the lease area. D. The conditions of CUP 16-008 and DR 16-017 shall remain in effect for the fife 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. E. CUP 16-008 and DR 16-017 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. F. The following minor alterations shall be made to the building elevation and site design to allow the project to achieve optimum consistency with the PRSP: 1. Shift the building footprint further south on the lot closer to the Poway Road right- of - way. 2. Increase the amount of window area on the front building elevation to provide greater transparency (glass) to allow visibility into the building. 3. Incorporate barriers (not exceeding 38 -inches in height) into the front landscape area to define the outdoor dining area. Barriers may include but not be limited to removable fences, hedges and planters. The outdoor seating area can be expanded in width, toward the street to allow for a more generous dining space and greater pedestrian circulation at the front of the building. 4. The roof overhang over the outdoor dining area is allowed to observe a minimum five- foot front yard setback along Poway Road. The setback area can be used for additional sidewalk space, outdoor dining, open space and landscaping. G. 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. H. The conditions of CUP 16-008 and OR 16.017 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. CUP 16-008 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. J. The applicant shall obtain a Grading Permit. Prior to Issuance of a Grading Permit, the applicant shall comply with the following: Resolution No. P-18-13 Page 5 (Engineering) 1. 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. 2. 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 percent 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 PMC shall be submitted. All existing and proposed easements within the project site shall be shown on the grading plans. 3. 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. 4. Water Quality Control — Design and Construction The project shall comply with the City and Regional Water Quality Control Board stonmwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. The Preliminary Storm Water Quality Management Plan (SWOMP) submitted during discretionary review did not fully address treatment for the entire project (including onsite and offsite area). Additionally, an extensive amount of more detail is required for the final report. A Final SWQMP prepared by a registered Civil Engineer is to be submitted and approved. a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the PMC, 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 O&M plan. The O&M requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 of the PMC. 5. Grading securities in the amount and form described in Chapter 16.46 of the PMC shall be posted with the City prior to grading plan approval. This will include a minimum cash security of $2,000 in all instances. 6. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 7. 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. Resolution No. P-18-13 Page 6 8. Any private improvements within any publically 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. 9. Following approval of the grading plans, posting of securities and fees, receipt of four copies and an electronic copy 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. 10. 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. (Planning) 11. Pursuant to the approved project site plan, a minimum of 26 onsite parking spaces shall be provided and a minimum of eight (8) off-site parking spaces shall be provided within the Poway Town and Center Shopping Center pursuant to the proposed added parking spaces shown on the approved project plans on file in the Development Services, Planning Division. 12. Parking spaces shall be painted with double stripes and have a minimum dimension of 8.5 -feet by 18.5 feet. 13. All parking lot landscaped islands shall have a minimum inside dimension of four feet and shall contain a 124nch-w1de walk adjacent to parking stall and be separated from vehicular areas by a six -inch -high, six -inch -wide Portland concrete cement curbing. (Public Works) 14. In accordance with the approved project plans on file in the Planning Division, a trash enclosure shall be provided which can accommodate a minimum of three bins for waste, recycling and organics, and a grease interceptor shall be provided. K. 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 of lots shall be in accordance with the Uniform Building Code, the City Grading Resolution No. P-1&13 Page 7 Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 4. Erosion control shall be installed and maintained by the developer from October 1 to -- April -30. Thedeveloper shall maintain all erosion control devices throughout their Intended life. 5. 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. 6. 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) 7. The building plans shall depict all roof appurtenances, including air conditioners, architecturally integrated, screened from view and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 8. A landscape and irrigation plan shall be submitted for review and approval. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapters 17.07 and 17.41 PMC, the PRSP and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. This includes but is not limited to the submittal of an irrigation audit report, pursuant to Chapter 17.41 of the PMC, prior to final inspections/issuance of a Certificate of Occupancy. The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals and Is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist, and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. The plan design shall address the following: a. The required front yard shall be landscaped. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives. All planting and irrigation shall be In accordance with the City's Landscape Manual. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris. b. Low hedges and shrubs should be used to screen the front parking lot area and the drive-through lanes from view from Poway Road. Resolution No. P-18-13 Page 8 c. 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. 9. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 10. Applicable school Impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 879-2570. 11. The locations and sizes of all utility boxes and vaults within street rights-of-way shall be shown on the grading, improvement and landscaping plans. 12. The proposed project will result in the removal of nine onsite trees. A Tree Removal Permit shall be obtained in accordance with the City's Urban Forestry Ordinance. Any trees removed shall be replaced in accordance with the Urban Forestry Ordinance. 13. The building plans shall include details for all exterior lighting to demonstrate conformance with PMC 17.10.150.1-1; including, but not limited to, reflecting light 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. 14. Signs proposed for this development shall be approved under a separate Sign Permit, 15. The building plans shall include elevations and cross-sections that show all roof - mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view from adjacent properties and Poway Road to the satisfaction of the Director of Development Services. 16. 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. L. The following requirements shall be completed to the satisfaction of the Safety Services Department: 1. The applicant is required to meet all applicable PMC 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, 2. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff's Dept. -ASTREA criteria. Resolution No. P-18-13 Page 9 3. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 4. Minimum 3A:4013C fire extinguisher required for every 3,000 square feet and 75' travel distance. 5. Rack storage in excess of eight -feet in height requires a building department permit for installation. M: Prior to Issuance of a Certificate of Occupancy: (Engineering) 1 All existing and proposed utilities or extension of utilities required to serve the project shag be installed underground. No extension of overhead utilities shall be permitted. 2 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. 3 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. 4 The stormwater facilities shall be complete and operational prior to occupancy. 5 The applicant shall repair, to the satisfaction of the City Engineer, any and am damages to public improvements caused by construction activity from this project. 8 Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 18.52.130 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 Chapter 18.52.130 of the Grading Ordinance are to be approved. (Planning) 7. 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. B. Landscaping shall be installed per the approved landscape plan, N. Upon establishment of the proposed use, pursuant to CUP 18-008 and DR 18-017, the following shall apply: 1. To manage and promote efficient drive-through traffic flow during peak use hours the business shall implement an operational practice of positing staff with electronic handheld menu order pads at the entrance of the drive through lanes. Resolution No. P-18-13 Page 10 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 safely. 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. Section 5: The approval of CUP 16-008 and DR 16-017, shall expire on April 3, 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 CUPIDR approval has commenced prior to its expiration. Section 6: 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 3rd day of April 2018. Steve Vaus, Mayor ATTEST: YW4�9& Nancy Wbutbld, CMC, City Clerk Resolution No. P-1 B-13 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-18-13 was duly adopted by the City Council at a meeting of said City Council held on the 3rd day of April 2018, and that It was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Nancy Weufeld, CIVIC, City Clerk City of Poway