Covenant Regarding Real Property 2019-0130457RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 317-540-15 and 317-540-16
CUP 18-004 & DR 16-014
DOC# 2019-0130457
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Apr 11, 2019 12:23 PM
OFFICIAL RECORDS
Ernest J. Dronenburp, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $215.00 (SB2 Atkins: $150.00)
PAGES: 18
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
ARCP UO Portfolio II, LP, ("OWNER" hereinafter) is the owner of real property
commonly known as 12462 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) 18-004 and
Development Review (DR) 16-014 by the City of Poway ("CITY" hereinafter), OWNER hereby
agrees to abide by the conditions of approval contained in the attached Resolution No. P-18-04
(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In the event that CUP 18-004 and DR 16-014 expires or is rescinded by City Council, or
the OWNER terminates the use permitted by CUP 18-004 and DR 16-014, upon the request of
the OWNER the CITY shall record a termination of this Covenant to expunge it from the record
title of the PROPERTY and CUP 18-004 and DR 16-014 shall be of no further force or effect.
If either party incurs costs as a result of filing a civil action to enforce the provisions of
this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including
reasonable attorneys' fees, from the other party.
OWNER: ARCP UO Portfolio II, LP, a Delaware limited partnership
By: ARCP GP UO Portfolio II, LLC,
a Delaware limited liability company,
its General Partner
By: Cole REIT Management IV, LLC,
a Delaware limited liabilitty epe
its Ma 6baer./ / / / /
Dated: 3 1k 2-0IGI
Dated: 3/2,o/` ,? By: CITY OF POWAY
104826894_6
GRANTOR'S NOTARY ACKNOWLEDGMENT
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this [• L oday of March, 2019 by Nathan DeBacker,
Vice President of COLE REIT MANAGEMENT IV, LLC, a Delaware limited liability company, manager
of ARCP GP OU PORTFOLIO II, LLC, a Delaware limited liability company, the general partner of ARCP
OU PORTFOLIO II, LP, a Delaware limited partnership, on behalf of the company.
WITNESS my hand and official seal.
�t ry Public '
My commission expires: tel` l��c�
djM6 oh TERRI L 11111H Notary Public - Arizona
Maricopa County
�• n, My Comm. Expires Apr 18, 1071
Exhibit A
Legal Description of the Land
Real property in the City of Poway, County of San Diego, State of California, described as follows:
PARCEL 1: (APN: 317-540-16-00)
THE EAST HALF OF ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 30.0D FEET DISTANT NORTHERLY AT RIGHT ANGLES FROM THE CENTER
LINE OFTHE 40.00 FOOT COUNTY ROAD TO POWAY, SAID POINT OF BEGINNING NORTH 70002'46" EAST
1005.15 FEET FROM THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH THE
CENTER LINE OF MISSION ROAD 1-A AT STATION 378+70.9 THEREON, AS SHOWN ON MAP THEREOF ON
FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND BEING ALSO THE
SOUTHWEST CORNER OF'111E LAND DESCRIBED IN DEED FROM R. T. CREMER, ET UX, TO EVERETT
DANIELSON, ET UX, DATED OCTOBER 4, 1940 AND RECORDED OCTOBER 16, 1940 IN BOOK 1085, PAGE 127
OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL WITH AND
30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID POWAY ROAD, SOUTH
83°20' WEST, 277.46 FEET; THENCE NORTH 0043' EAST TO THE INTERSECTION WITH THE CENTER
LINE OF COUNTY HIGHWAY ROAD SURVEYOR NO, 987, AS DESCRIBED IN DEED TO THE COUNTY OF
SAN DIEGO, RECORDED AUGUST 9, 1950 IN BOOK 3720, PAGE 468 OF OFFICIAL RECORDS, A PLAT OF
WHICH IS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, BEING
THE TRUE POINT OF BEGINNING; THENCE NORTH 00°43' EAST, TO INTERSECTION WITH THE NORTH
LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 88044'35"
WEST, ALONG SAID NORTH LINE, 275.00 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF
LAND DESCRIBED IN DEED TO 3. FRANK ZITTLE, ET UX, RECORDED MARCH 26, 1947 IN BOOK 2374,
PAGE 80 OF OFFICIAL RECORDS; THENCE SOUTH 00°43' WEST, ALONG THE WEST LINE OF SAID LAND,
TO THE INTERSECTION WITH SAID CENTER LINE OF ROAD SURVEY N0, 987; THENCE EASTERLY
ALONG SAID CENTER LINE TO THE TRUE POINT OF BEGINNING.
00414VI
AN EASEMENT, 10.00 FEET IN WIDTH, FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER,
ALONG AND ACROSS THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14,
THE WEST LINE OF SAID 10.00 FOOT STRIP BEING THE EAST LINE OF PARCEL 1 ABOVE. SAID 10.00
FOOT STRIP TO TERMINATE ON THE NORTH IN THE NORTH LINE OF SAID SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER AND ON THE SOUTH 1N THE NORTH LINE OF SAID ROAD SURVEY NO. 987.
PARCEL -3:(APN:317-540-15-00)
THE WEST HALF OF ALL THAT PORTION OF THE SOUTHEAST QUARTER OF 1 HE SOUTHWEST QUARTER
OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEYOR APPROVED SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT
WHICH IS 30.00 FEET DISTANT NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE 40.00
FOOT COUNTY ROAD TO POWAY, SAID POINT OF BEGINNING BEARING NORTH 70002'46" EAST,
1005,15 FEET FROM THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SECTION 14 WITH
THE CENTER LINE OF MISSION ROAD 1-A AT STATION 378+70.9 THEREON, AS SHOWN ON MAP
THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, AND
BEING ALSO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED FROM R. T. CREMER, ET
UX, TO EVERETT DANIELSON, ET UX, DATED OCTOBER 4, 1940 AND RECORDED OCTOBER 16, 1940 IN
BOOK 1085, PAGE 127 OF OFFICIAL RECORDS; RUNNING THENCE PARALLEL WMI AND 30.00 FEET
NORTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID POWAY ROAD, SOUTH 83020' WEST,
277.46 FEET; THENCE NORTH 0043' EAST TO THE INTERSECTION WITH THE CENTER LINE OF OOUNTY
HIGHWAY ROAD SURVEY NO. 987, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO,
RECORDED AUGUST 9, 1950 IN BOOK 3730, PAGE 468 OF OFFICIAL RECORDS, A PLAT OF WHICH IS
ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, BEING THE TRUE
POINT OF BEGINNING; THENCE NORTH 00043' EAST, TO THE INTERSECTION WITH THE NORTH LINE
OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 88044'35" WEST,
ALONG SAID NORTH LINE, 275.00 FELT, MORE OR LESS, TO THE NORTHWEST CORNER OF LAN D
DESCRIBED IN DEED TO J. FRANK ZTTTLE, ET UX, RECORDED MARCH 26, 1947 IN BOOK 2374, PAGE 80
OF OFFICIAL RECORDS; THENCE SOUTH 00043' WEST, ALONG THE WEST UNE OF SAID LAND, TO THE
INTERSECTION WITH SAID CENTER LINE OF ROAD SURVEY NO. 987, THENCE EASTERLY ALONG SAID
CENTER LINE, TO THE TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM 111E WESTERLY 90 FEET THEREOF.
APN; 317-540-16-00 and 317-540.15-00
EXHIBIT B
RESOLUTION NO. P-18-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT (CUP) 18-004, AND DEVELOPMENT REVIEW (DR)
16-014 ASSESSOR'S PARCEL NUMBER 317-540-15 and -16
WHEREAS, Conditional Use Permit (CUP)18-004 and Development Review (DR) 16-014
were submitted by Apra, LLC., Applicant/ARCP UO Portfolio Il, LP., Owner, to expand an existing
gas station and add a car wash located at 12462 Poway Road in the Planned Community -8 (PC -
8) zone and the Poway Road Specific Plan (PRSP) Commercial General (CG) district. The project
involves the demolition of all existing gas station and auto repair structures, the construction of a
2,400 -square -foot mini -mart, a 1,000 -square -foot car wash, a 4,000 -square -foot fueling station
canopy, and the addition of two gas dispenser pumps; and
WHEREAS, on March 6, 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, which replaces an existing gas station, is 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 or
permitted pursuant to Public Resources Code Section 21166 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 allow subsequent or supplemental environmental review. The projects potential biological
impacts are adequately addressed by and consistent with the City of Poway's Subarea Habitat
Conservation Plan (HCP), companion Implementing Agreement dated June 1996, and associated
Mitigated Negative Declaration, and further, are consistent with the analysis in the PRSP EIR.
Section 2: The undeveloped portion of the project site contains disturbed Coastal
Sage Scrub (CSS) as shown on the maps prepared for the HCP and as confirmed by City staff.
Implementation of the project will result in habitat impacts to approximately 0.43 acres of CSS.
The proposed project complies with the HCP and HCP Implementing Agreement. In accordance
with the HCP, the required findings for approval of the proposed mitigation for the removal of CSS
for the project are as follows:
A. The mitigation Is consistent with, and furthers the implementing objectives of, the HCP in
that the applicant will mitigate the removal of 0.43 acres of disturbed CSS at a 1:1 ratio
through the recordation of an off-site Biological Conservation Easement (BCE) within the
Mitigation Area or the payment of an In -Lieu Fee at a rate established by the City.
B. The off-site habitat mitigation or the cash in -lieu payment to go towards the purchase of
mitigation habitat within the Mitigation Area will enhance the long-term viability and
function of the preserve system.
EXHIBIT B
Resolution No. P-18-04
Page 2
C. The mitigation will be to the long -tens benefit of the covered species and their habitats in
that an off-site BCE within the Mitigation Area will be recorded, or a cash In -Lieu Fee will
be paid to go towards the purchase of land that will have undisturbed habitat on which a
BCE will be recorded. Said land will promote a meaningful addition to the assembly of a
viable regional system of Interconnected natural habitat resources, habitat linkages,
buffers, and wildlife corridors.
D. The mitigation shall foster the incremental implementation of the HCP in an effective and
efftcient manner in that any off-site conservation area is required to be within an identified
Mitigation Area within the City.
E. The mitigation will not result in a negative fiscal impact with regard to the successful
implementation of the Poway Habitat Conservation Plan.
Section 3: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code (PMC), for CUP 18-004 to expand an existing gas station and add a car wash facility located
at 12462 Poway Road in the CG district, are made as follows:
A. The location, size, design, and operating characteristics of the proposed expanded 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 gas station and car wash Is allowed in the CG district with a CUP and the project
has been designed consistent with design standards and guidelines of the PRSP.
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 consists of an
expansion an existing gas station in an architectural style that is compatible with existing
commercial development and the facility that will be operated similar to the existing facility.
C. The proposed use Is In harmony with the scale, bulk, coverage, and density of, and is
consistent with the surrounding development, in that the project consists of expansion of
an existing gas station and addition of a car wash, and the facility has been designed to
comply with all of the development standards of the PRSP standards.
D. There are adequate public facilities, services and utilities available at the subject site to
serve the proposed use.
E. There will not be a harmful effect upon desirable neighborhood characteristics In that the
facility Is located along the Poway Road commercial corridor, the architectural style is
consistent with the designs guidelines called for in the PRSP, and the operation of the
existing and proposed expanded facility will be similar, Noise generated by the car wash
will not exceed noise levels allowed by the PMC.
F. The generation of traffic will not adversely impact the capacity and physical character of
the surrounding streets and/or the Circulation Element of the General Plan in that traffic
generated by the proposed gas station expansion and new car wash is similar to the traffic
generated by the existing gas station and auto repair facility, the car wash will have
adequate on-site space for queuing, and the existing easterly driveway would be shifted
east to address the potential for conflict between the use of two new ga"s pumps and cars
entering and exiting the site.
Resolution No. P-18-04
Page 3
G. The site is suitable for the type and intensity of use and development in that the project
site is already developed with a gas station with auto repair service bays along a
commercial corridor. The addition of gas pumps and a car wash and elimination of the
service bays will not result in a significant increase In traffic.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that habitat Impacts to the site will be mitigated in accordance with the City's
HCP and the operations of the car wash will be conducted within the City noise standards
in that the car wash will have automatic doors that close when the car wash is in use and
an 8 -foot high wall will provide further noise reductions.
There are no relevant negative Impacts of the proposed use that cannot be mitigated
J. That the impacts, as described in subsections A through I of this Section, and the proposed
location, size, design, and operating characteristics of the proposed use and the
conditions under which It would be operated or maintained will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or Improvements in the
vicinity, nor be contrary to the adopted General Plan.
K. Thai the proposed conditional use will comply with each of the applicable provisions of
this title.
Section 4: The findings for DR 16-014, In accordance with PMC 17.52.010 Purpose
of Development Review, are made as follows:
A. The project respects and recognizes the Interdependence of land values and aesthetics
to the benefit of the City in that it has been designed to be architecturally compatible and
in scale with surrounding commercial development.
B. The project has been designed to minimize impacts on surrounding development in that
the design, and exterior finishes and colors are consistent with the PRSP standards and
are compatible with the surrounding commercial buildings. 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 operations of the proposed gas
station facility will be similar to the existing facility and noise generated from the car wash
All be within noise limits established by the PMC.
D. The proposed development respects the public concerns for the aesthetics of
development in that it will incorporate architecture consistent with the PRSP.
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 proposed development
contributes to the aesthetics of the Poway Road area.
F. The design of the proposed development is consistent with all elements of the Poway
General Plan, as well as conforms to the applicable provisions of the Zoning Code and
PRSP.
Resolution No. P-18-04
Page 4
Section 5_ The findings, pursuant to Government Code Section 66020 for the public
improvements, are needed as a result of the proposed development to protect the public health,
safety, and welfare are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City Ordinances, because all necessary
facilities will be available to serve this project.
B. The construction of public improvements is needed as a result of the proposed
development to protect the public health, safety, and welfare as shown on the project
plans.
C. In accordance with the Poway General Plan, the project requires the payment of
development impact fees, which are assessed on a pro -rata basis to finance public
infrastructure improvements, which promote a safe and healthy environment for the
residents of the City.
Section 6: The City Council hereby approves CUP 18-004 and DR 16-014 to expand an
existing gas station and add a carwash located at 12462 Poway Road in the PRSP Commercial
General district, 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 attorneys 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 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.
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.
E. The conditions of CUP 18-004 and DR 16-014 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.
Resolution No. P-18-04
Page 5
F. CUP 18.004 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. Prlorto grading, the applicant shall obtain a Grading Permit. Prior to issuance of a Grading
Permit, the applicant shall comply with the following:
(Engineering)
1. The applicant shall complete a lot merger for all parcels and it shall be filed with
the County Recorder.
2. Applicant shall incorporate Low Impact Development (LID) design features Into the
site development. These shall be clearly shown and identified on the site plan and
be appropriately sized for the proposed level of development.
3. Submit a precise grading plan for the development prepared on a City of Poway
standard sheet at a scale of 1"= 20', unless otherwise approved by the City project
engineer. Submittal shall be made to the Department of Development Services
Engineering Division for review and approval. The grading design shall be 100
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.
4. 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.
5. Water Quality Control — Design and Construction
The project shall comply with the City and Regional Water Quality Control Board
stormwater requirements. The project is considered a Priority Development
Project and will be subject to all City and State requirements. A Storm Water
Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to
be submitted and approved.
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 operation and maintenance requirements shall be binding on the land
throughout the life of the project as outlined in Chapter 16.104 of the PMC.
The project shall demonstrate compliance with the following as stated in the
Uniform Closure Letter for APROff 23 from the California Reginal Water Quality
Control Board dated May 26, 2015:
Resolution No. P-18-04
Page 6
All future construction on the project area must install post construction best
management practices to control storm water runoff in compliance with the US
Environmental Protection Agency Guidance Document: 'Technical Guidance on
Implementing the Stormwater Runoff Requirements for Federal Projects under
Section 438 of the Energy Independence and Security Act."
6. The grading plans shall Include a note that any contaminated soil encountered or
excavated as part of subsurface construction/utility, work must be managed in
accordance with the applicable legal and regulatory requirements.
Grading securities in the amount and form described in Section 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.
8. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule. The current fee amount Is $2,636.
9. Any private Improvements within any publicly held easement or right-of-way may
require an encroachment agreement as determined necessary by the City
Engineer. All necessary encroachment agreements shall be approved and
executed prior to grading permit Issuance. A separate agreement, approved by
the City Attorney, for the storm water treatment facilities Installed directly above
the public storm drain shall be approved and executed.
10. Following approval of the grading plans, posting of securities and fees, and receipt
of four 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 Citys project
engineer.
11. 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)
12. 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.
13. Pursuant to the HCP, the project Is required to mitigate impacts to disturbed CSS.
The mitigation shall be at a 1:1 ratio. Mitigation will be met through an off-site
Biological Conservation Easement (BCE) over 0.43 acres of similar quality,
unencumbered CSS habitat located within the Poway Mitigation Area or the
payment of an In -Lieu Fee at a rate established by the City.
Resolution No. P-18-04
Page 7
14. In accordance with Condition H of the Poway HCP Incidental Take Permit, a take
of active California gnatcatcher nests, which includes harassment of the bird due
to grading noise and vibrations from February 15 through July 1, is not permitted.
The project site is located within 500 feet of CSS habitat. Therefore, grading during
this time frame will only be permitted subject to the following Conditions having
been met to the satisfaction of the Director of Development Services:
a. The applicant Is hereby advised that, during grading, it active nests are
found within 500 feet of the grading, the grading activity shall be stopped
until such time as mitigation measures, to the satisfaction of the City and
the United States Fish and Wildlife Service (USFWS,) are implemented.
There is no guarantee that grading will be allowed to resume during nesting
season.
b. Before issuance of a Clearing/Grading Permit, if grading Is to occur
between February 15 and July 1, the applicant shall provide to the Planning
Division a letter from a qualified biologist retained by the applicant, with a
scope of work for a CSS habitat and Gnatcatcher Survey, and a report for
the area to be graded and CSS habitat areas within 500 feet of such area.
The biologist shall contact the USFWS to determine the appropriate survey
methodology. The purpose of the survey is to determine If any active
gnatcatcher nests are located In the area to be graded, or in CSS habitat
within 500 feet of such area. To be considered qualified, the biologist must
provide the City with a copy of a valid Gnatcatcher Recovery Permit from
the USFWS.
C. The scope of work shall explain the survey methodology for the biological
survey and the proposed gnatcatcher nest monitoring activities during the
clearing/grading operation. Should the report show, to the satisfaction of
the Director of Development Services, that gnatcatcher nests are not
present within the area to be graded/deared, or within CSS habitat located
within 500 feet of said area, approval may be granted to commence
clearing/grading within the gnatcatcher nesting season from February 15
through July 1.
d. If gnatcatchers are nesting within the area to be graded/cleared, or within
CSS habitat located within 500 feet of said area, no grading will be allowed
during this time.
e. The biologist must attend the City's pre -construction meeting for the project
and must be present on-site during all clearing/grading activities to monitor
that the clearing/ grading activities stay within the designated limits. During
this period, the biologist shall also monitor and survey the habitat, on a daily
basis, within the area to be cleared/graded and any habitat within 500 feet
of said area for any evidence that a gnatcatcher nest(s) exists or is being
built. Weekly monitoring summaries shall be submitted to the Planning
Division. Should evidence of a gnatcatcher nest(s) be discovered, the
grading operation shall cease in that area and be directed away from the
gnatcatcher nest(s) to a location greater than 500 feat away from the
nest(s).
Resolution No. P-18-04
Page 8
If grading is required to stop due to the presence of active nests, the
applicant shall be required to provide erosion control, to the satisfaction of
the City Engineer. This paragraph must be included as a note on the cover
sheet of the clearing/grading plan.
g. The biologist shall provide the City with written confirmation that the limits
of clearing/ grading are in accordance with the project's Biological
Resource Assessment.
h. Upon completion of the clearing/grading activities, the applicant's biologist
shall submit to the Director of Development Services a biological
monitoring report summarizing the daily observations of the biologist,
Including whether any gnatcatchers or evidence of active gnatcatcher nests
were present during clearing and grading activities within the area and any
habitat within 500 feet of said area.
15. Pursuant to the recommendations in the Archeological Resources Survey Report,
prepared by Brian F. Smith and Associates, Inc. and dated December 27, 2017,
for the subject property, no significant cultural resources were Identified on -she.
.However, due to the culturally sensitive location of the property and considering
that most of the. natural ground surface was not visible during the survey due to
existing development or presence of native vegetation, cultural resource
monitoring by a qualified archaeologist shall be provided during ground disturbing
activities associated with the project (including, but not limited to, proposed onsite
excavation, utility trenching, or construction of storrtwater Improvements), The
purpose of the monitoring Is to ensure that If buried cultural materials are present,
they will be handled in a timely and proper manner.
Prior to Issuance of a grading permit, the applicant shall provide written
verification that a certified archeological monitor has been retained to
implement the monitoring program. This verification shall be presented in
a letter from the project archeologist to the City of Poway — Planning
Division.
b. The certified archeologist shall attend the pre -construction meeting with
the contractors to explain and coordinate the requirements of the
monitoring program.
C. During the original cutting of previously undisturbed deposits, the
archeological monitor shall be on-site as determined by the consulting
archeologist to perform periodic inspections of the excavations. The
frequency of inspections will depend upon the rate of excavation, the
materials excavated, and the abundance of artifacts and features.
d. Isolated and clearly non-significant deposits will be minimally documented
in the field, so the monitored grading can proceed.
e. In the event that previously unidentified cultural resources are discovered,
the archeologist shall have the authority to divert ortemporadly halt ground
disturbance operations in the area of discovery to allow for the evaluation
Resolution No. P-18-04
Page 9
of potentially significant cultural resources. If appropriate, a Native
American representative may be contacted to review any discovery
associated with the prehistoric occupation of this area. The archeologist
shall contact the City of Poway at the time of discovery. The archeologist,
in consultation with the City, shall determine the significance of the
discovered resources. The City must concur with the evaluation before
construction activities will be allowed to resume in the affected area. For
significant cultural resources, a Research Design and Data Recovery
Program to mitigate impacts shall be prepared by the consulting
archeologist and approved by the City before being carried out using
professional archeological methods, If any human bones are discovered,
the county coroner and lead agency shall be contacted. In the event the
remains are determined to be of Native American origin, the most likely
descendant, as identified by the Native American Heritage Commission,
shall be contacted in order to determine proper treatment and disposition
of the remains.
f. Before construction activities are allowed to resume in the affected area,
the artifacts shall be recovered, and features recorded using professional
archeological methods for an adequate artifact sample for analysis. The
archaeological monitor(s) in consultation with the City shall determine the
amount of material to be recovered for adequate artifact sample for
analysis.
g. All cultural material collected during the monitoring program shall be
processed and curated according to the current professional repository
standards. The collections and associated records shall be transferred,
including title, to an appropriate curation facility, to be accompanied by
payment of the fees necessary for permanent curation.
A report documenting the field and analysis results and interpreting the
artifact and research data within the research context shall be completed
and submitted to the satisfaction of the City prior to the Issuance of any
building permits. The report shall include the required archeological forms,
Including but not limited to, the Department of Parks and Recreation
Primary and Archaeological Site Forms.
16. Landscape and irrigation plans shall be submitted for review. The plans shall be
approved prior to Issuance of a building permit. The landscape and Irrigation
plans shall demonstrate compliance with the City of Poway Landscape and
Irrigation Design Manual, Chapters 17.07 and 17.41 of the PMC, 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 Section 17.41.110 of the PMC, prior to final
inspections/issuance of a Certificate of Occupancy.
The landscape and Irrigation plan submittal are 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
Resolution No, P-18-04
Page 10
worksheet. Landscape and irrigation plan review fees are required and are the
responsibility of the applicant. Any landscaped areas within the adjacent public
right-of-way shall be permanently and fully maintained by the owner.
H. The applicant shall obtain a Building Permit prior to expanding the facility. Prior to issuance
of a Building Permit, the applicant shall comply with the following:
1. The plans shall comply with the current addition of California Building Code,
Electrical Code, Mechanical Code, Plumbing Code and Title 24 at date of submittal
to the Building Division for review.
2. The disabled access parking space shall meet the requirements of 11 B-208.3.1 of
the California Building Code. The code section states: °Parking spaces complying
with Section 11B 502 that serve a particular building orfacility shall be located on
the shortest accessible route from parking to an entrance complying with Section
118-208.40
.
3. The applicant shall contact the Poway Unified School District (858-879-2570) to
verify if school impact fees are required. If required, the fees shall be paid at the
rate established at Building Permit issuance.
4. The site shall be developed in accordance with the approved plans on file in the
Development Services Department and the conditions contained herein.
(Engineering)
5. The site shall be developed in accordance with the approved grading plans on file
In the Development Services Department and the conditions contained herein.
Grading of lots shall be in accordance with the Uniform Building Code, the City
Grading Ordinance, the approved grading pian, the approved soils report, and
grading practices acceptable to the City.
6. Erosion control shall be Installed and maintained by the developer from October 1
to April 30. The developer shall maintain all erosion control devices throughout
their intended life.
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 projects
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.
8. 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 foes shall be paid prior to permit issuance.
Resolution No. P-18-04
Page 11
9. The applicant shall pay all applicable development impact fees in effect at time of
permit Issuance.
(Planning)
10. The submitted landscape and irrigation plans shall be approved.
11. The building plans for the car wash shall show consistency with the acoustical
analysis titled 'Sound Tests, Acoustical Analysis and Design for the Proposed Car
Wash at the Future Remodeled Gas Station Located at 12462 Poway Road,
Poway, California 92024" dated December 13, 2016 and prepared by Dr. Leslie E.
Penzes to the satisfaction of the Director of Development Services.
12. 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.
13. The exterior colors and materials shall be consistent with the color and material
board submitted with the application to the satisfaction of the Director of
Development Services. Any modifications to the color and materials sample board
shall be submitted for review and approval by the Planning Division.
14. The building plans shall demonstrate that the exterior lighting complies with PMC
Section 17.10.150H.
15. The building plans shall show free standing wall and shall be constructed of
decorative block with a color and design to the satisfaction of the Director of
Development Services. New freestanding walls or retaining wall and freestanding
wallffence combination shall not exceed six feet in height except as required by
the acoustical analysis prepared for this project.
(Public Works)
16. The trash enclosure shall accommodate one waste and one recycle bin.
17. A grease trap shall be provided as determined by the Director of Public Works.
The applicant shall comply with the following fire safety requirements, to the satisfaction
of the Fire Marshal:
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 (658) 668-4473 to set up a meeting prior to submitting building
plans in order to review project requirements.
2. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes"
with appropriate signs and curb markings.
3. Buildings 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. Each building address shall also be displayed on the
roof In a manner satisfactory to the Director of Safety Services, and meeting Sheriff
Department-ASTREA criteria.
Resolution No. PAM4
Page 12
4. The applicant shall provide a detailed plan for all storage areas and a complete
racking plan, when applicable.
6. In addition to other ventilation requirements, a Fire Department- approved
mechanical ventilation system shall be installed when the indoor storage of
vehicles or recreational vehicles occurs.
6. Northam access gate shall have a minimum unobstructed width of 12 feet when in
the opened position.
J. Prior to Issuance of the Certificate of Occupancy:
1. 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 appropriate City departments will be required.
(Engineering)
2. Final revisions to the Preliminary Storm Water Quality Management Plan
(SWAMP) and recordation will be required.
3. All existing and proposed utilities or extension of utilities required to serve the
project shall be installed underground. No extension of overhead utilities shall be
permitted.
4. 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.
5. The stonnwater facilities shall be complete and operational prior to occupancy.
6. An adequate drainage system around the new building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
7. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to public improvements caused by construction activity from this project.
8. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section 16.52.130 of
the Grading Ordinance. Record drawings shall be submitted in a manner to allow
the City adequate time for review and approval prior to Issuance of occupancy and
release of grading securities. At least three weeks prior to a request for occupancy
is recommended. Al other final reports and agreements, as outlined in Section
16.52.130 of the Grading Ordinance are to be approved.
(Planning)
9. Landscaping shall be installed per the approved landscape plans. If applicable, an
Irrigation audit report shall be submitted, pursuant to Section 17.41.110 of the
PMC.
Resolution No. P-18-04
Page 13
K. With the expansion of an existing gas station and the addition of a car wash, pursuant to
CUP 1"04 and DR 16-014, the following shall apply;
1. The use of the facility shall be limited to activities as described in the application.
2. The activities of the facility shall not occur in such a manner as to create adverse
impacts on the circulation and parking on surrounding public streets,
3. The facility shall be operated In such a manner as to minimize any possible
disruption caused by noise and shall comply with noise standards contained in
Chapter 8.08 of the PMC. At no time, shall noise from any source exceed the noise
standards defined in the PMC.
4. The owner or operator of the facilities shall routinely and regularly Inspect the site
to ensure compliance with the standards set forth in this Permit.
5. Any signs proposed for this development shall be designed and approved in
conformance with the PMC and require the approval of a separate Sign Permit.
6. 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. 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 systema. 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 7: The approval of CUP 1M04 and DR 16-014 shall expire on March 6, 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.
Section 8: The parties are hereby informed that the time within which judicial review
of this decision must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 6th day of March 2018.
Steve Vaus, Mayor
ATTEST
Nam Wuf(,Id, CMC, City Clerk
Resolution No. P-18-04
Page 14
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under
penalty of pedury that the foregoing Resolution No. P-18-04 was duly adopted by the City Council
at a meeting of said City Council held on the 8th day of March 2018, and that 4 was so adopted
by the following vote:
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nen Y of fd Olerk
City of Poway
.,I M)1P ,