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Covenant Regarding Real Property 2020-0220317RECORDING REQUEST BY: \`') WHEN RECORDED MAIL TO: CITY OF POWAY CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2020-0220317 IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Apr 30, 2020 12:40 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $47.00 (SB2 Atkins: $0.00) PAGES: 12 (This space for Recorder's Use) APN: 317-190-42 MCUP 19-003 COVENANT REGARDING REAL PROPERTY Cederberg & Seedorf Family Trust 06-07-04 ("OWNER" hereinafter) is the owner of real property commonly known as 13715 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 Minor Conditional Use Permit (MCUP) 19-003 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 In the event that MCUP 19-003 expires or is rescinded by City Council, or the OWNER terminates the use permitted by MCUP 19-003, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and MCUP 19-003 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: 0-2-02A9 Dated: 0V16/016 OW ER OR AUTHORIZED AGENT: Lloyd Ceerberg (Notarize) Title: Trustee CITY OF POWAY: By: rt J. Manis, Direc or of ' elopment 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 6Q � / �� O On fY1ai'ck /D &O-O before me,1-0reAcietArie,s tie( /land Notary Public, Date Here Insert Name and Title of the Officer personally appeared 1-1/41 uYCk aC.GiEr" b � r� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,$] whose name( is/at4 subscribed to the within instrument and acknowledged to me that he/sue/th.6 executed the same in his/Ixfr/fir authorized capacityW, and that by his/Mi/tFa& signature(a) on the instrument the person(gJ, or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -1... LORD' COMM. 0 2233130 SAN O ECO Coumy my commission apkresRCN 0 Place Notary Seal Above WITNESS my hand and official seal. Signatur OPTIONAL Signa ure of Notary Public 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: C o V 'e n 4- R 5zr/i q yoid Pr4100wr �- Document Date: Number of Pa 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association www.NationalNotary.org ' 1-800-US NOTARY (1-800-876-6827) Item #5907 z 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 February 11, 2020 Date before me, Yvonne Mannion Notary Public Here Insert Name and Title of the Officer personally appeared Robert J. Manis Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 z Place Notary Seal Above WITNESS my hand and official seal. Signature _ ✓v f.nCLd 06)-ev.rt:0 /1/4-) OPTIONAL Signature of Notary Public 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: Covenant Regarding Real Property MCUP19-003 Document Date: Number of Pages: 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A LEGAL DESCRIPTION The land referred to in this Commitment is situated in the City of Poway, County of San Diego, State of California, and is described as follows: ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 13; THENCE NORTH 89° 08' 30" WEST, ALONG THE NORTHERLY LINE THEREOF, 480.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 09' EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 250.00 FEET; THENCE NORTH 89° 08' 30" WEST; PARALLEL WITH SAID NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 175.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE EASTERLY LINE OF LAND DESCRIBED IN DEED TO CORA K. KERSWILL, DATED JANUARY 22, 1896, AND RECORDED IN BOOK 247, PAGE 324 OF DEEDS; THENCE NORTH ALONG SAID EASTERLY LINE, 250.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13; THENCE SOUTH 89° 08' 30" EAST, ALONG THE NORTHERLY LINE THEREOF, 175.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. APN: 317-190-42-00 EXHIBIT B RESOLUTION NO. 20-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 19-003 FOR THE CONSTRUCTION OF AN AUTOMOBILE INVENTORY STORAGE LOT LOCATED AT 13715 POWAY ROAD; ASSESSOR'S PARCEL NUMBER 317-190-42 WHEREAS, the City Council considered Minor Conditional Use Permit (MCUP) 19-003 for a 0.79-acre automotive inventory storage lot for the Poway Honda dealership (owned by Sonic Automotive) on the south side of Poway Road across Gate Drive from the existing dealership at 13747 Poway Road which modifies MCUP 99-03. The property is located at 13715 Poway Road within the Automotive General Commercial (AGC) land use district of the Poway Road Specific Plan (PRSP); WHEREAS, on May 18, 1999, the City Council approved MCUP 99-03 and DR 99-06 to construct a 22,550-square-foot automobile dealership and service center on a 3.63-acre property located at 13747 Poway Road; WHEREAS, on October 2, 2001, pursuant to Section 17.48.150 of the Poway Municipal Code (PMC), the City Council directed staff to set a public hearing to modify or revoke MCUP 99- 03 due to Poway Honda's failure to comply with the project Conditions of Approval and the requirements of the PMC; WHEREAS, on December 11, 2001, the City Council determined additional project conditions of approval related to MCUP 99-03 and DR 99-06 are necessary to protect the integrity of the adjacent residential neighborhood and requested the applicant to submit a request for a rehearing of MCUP 99-03 and DR 99-06; WHEREAS, on December 21, 2001, the applicant submitted, pursuant to Chapter 2.21 of the PMC, a request for rehearing of the December 11, 2001 City Council action and on January 8, 2002, the City Council accepted the request and scheduled the item for rehearing; WHEREAS, on February 5, 2002, the City Council held a rehearing of MCUP 99-03 and DR 99-06 and determined that additional project Conditions of Approval were necessary to protect the integrity of the adjacent residential neighborhood; WHEREAS, on January 21, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against relative to MCUP 19-003; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP and was certified by the City Council on December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential impacts of the proposed build -out of the PRSP area in the manner permitted by the Specific Plan. The City Council finds, in its independent judgement, that this project is consistent with the PRSP Resolution No. 20-003 Page 2 and conforms with the requirements, development standards and guidelines therein, and, therefore, as set forth in Section 8.2 of the PRSP, no further environmental analysis is required because all of the project's impacts have already been analyzed in, and are adequately covered by the previously certified EIR. The City Council further finds, in its independent judgement, that the project does not result in any significant changes that would allow subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. A Notice of Determination shall be filed upon approval. These findings are based on substantial evidence in the administrative record of proceedings, which includes but is not limited to the PRSP EIR, appendices, documents incorporated by reference therein, transcripts of public meetings, and other related documents. SECTION 2: The City Council finds the proposed project is consistent with the PRSP, including the AGC land use district. SECTION 3: The findings for MCUP 19-003, in accordance with PMC Section 17.48.070, are made as follows: A. That the project is consistent with the PRSP and the Poway General Plan in that auto repair and service uses are allowed within the AGC district of the PRSP with the approval of a MCUP. The inventory lot will not change the operations of the service center. B. That the location, size, design, and operating characteristics of the use, as conditioned, will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, building, structures, or natural resources in that the proposed inventory lot will add a wall adjacent to the residential properties to the south and landscaping improvements along property frontages. C. That the scale, bulk, coverage, and density is consistent with adjacent uses, in that the automobile service center use is not changing and the proposed inventory lot is located on a site that will be developed in accordance with established City zoning and development guidelines for commercial projects. D. That there are available public facilities, services, and utilities to serve the inventory lot. E. That there will not be a harmful effect upon desirable neighborhood characteristics, in that a number of conditions of approval are required of the automobile service center use of which are intended to minimize the potential for negative impacts on the adjacent residential neighborhood. F That the generation of traffic will not adversely impact the surrounding streets and is consistent with the City's Transportation Element in that the traffic volumes for the dealership are not increasing due to the additional inventory space and it will not have a significant impact on traffic and will assist with existing parking issues. G. That the site is suitable for the type and intensity of use and development proposed in a designated commercial site designed to comply with all City development standards. H. That there will not be significant harmful effects upon the environmental quality and natural resources in that the site is currently developed with two buildings that will be demolished and an inventory lot will be added in their place. There will be no changes to the existing service center building or its operations. Resolution No. 20-003 Page 3 That there are no other relevant impacts of the proposed use that cannot be mitigated. J. That the proposed location, size, design and operating characteristics of this modification that will add an inventory lot 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. The inventory lot, automobile dealership and service center will be required to comply with all applicable standards and requirements of the Poway Municipal Code. SECTION 4: The City Council hereby approves MCUP 19-003 as shown on the approved plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A" and dated January 21, 2020 on file in the Development Services Department, except as noted herein and subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to MCUP 19-003) and any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation -related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. B. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped "Exhibit A," dated January 21, 2020 on file in the Development Services Department. If actual conditions and details vary from representations, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans C. Conditions of Approval listed in Resolution P-02-06 approving MCUP 99-03, DR 99-06, are fully incorporated herein by this reference except as modified in this Resolution for MCUP 19-003. The project shall comply with all conditions of approval and mitigation measures established under previous project entitlements unless otherwise modified or superseded by these conditions of approval contained herein as determined by the Director of Development Services. D. Prior to issuance of any permit: (1) the applicant shall submit in writing that all conditions Resolution. No. 20-003 Page 4 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. E. 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. F. The conditions for the project 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. G. The Minor Conditional Use Permit 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. H. Prior to issuance of the Building Permit to demolish the existing commercial buildings, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. All spoil materials from footings and foundations shall be legally disposed of off - site or if the material is to remain on -site, the material shall be placed per the requirements of the City grading ordinance. 2. 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. 3. A minimum cash security for erosion control is required. 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. 4. 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. 5. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 6. The applicant will be required to install trash treatment control devices inside all existing and proposed private storm drain grated inlet structures onsite. Please call out the device on the plans. Prior to building permit issuance, a recorded Storm Water Trash Management Facilities Maintenance Agreement, perpetual maintenance of facilities and an easement granted to the City will be required. Acceptable devices can be found at: https://www.waterboards.ca.gov /water issues/programs/stormwater/docs/trash_iiplementation/a1_certified_fcsde vicelist_05aug 19. pdf. Resolution No. 20-003 Page 5 7. Prior to start of any work within a City -held easement or right-of-way, including demolition work, 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. 8. Improvement plans submitted with appropriate application, fees and securities and prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City Project Engineer, in accordance with the submittal and content requirements listed in the Poway Municipal Code shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100% complete at the time of submittal and ready for approval. The plan shall include, at a minimum, the following improvements: a. Improvements to the southwest corner of Poway Road and Gate Drive in order to bring the corner up to ADA compliance. b. Remove the concrete for the existing driveway closest to the southwest corner of Poway Road and Gate Drive and replace with sidewalk and landscape area c. Add an ADA-compliant pathway to the existing/widened driveways (to remain) on Poway Road and Gate Drive. d. References to the landscape improvements shall be completed per the approved landscape within the parkway in the right-of-way shall be on the approved improvement plans. (Fire Department) 9. Fire apparatus access drives shall have an unobstructed entrance and exit with an improved width of not less than 20 feet. In most cases, the City of Poway construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be provided with an approved paved surface as to provide all-weather driving capabilities. When deemed necessary in the opinion of the fire code official, a paved driving surface shall mean asphalt or concrete surface. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official. 10. 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. Dual -keyed or dual switches shall be provided to facilitate access by law enforcement. Furthermore, any gate shall meet any and all applicable setback requirements and will require a building permit. Resolution No. 20-003 Page 6 (Planning) 11. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. 12. 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 of the Poway Municipal Code (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. The landscape and irrigation plan submittal is separate 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 plans shall incorporate the following requirements: a. A plant palate shall be selected to include a sufficient number of plants that will provide the effect of a three-foot tall screening hedge or provide a screening hedge. This is required to maintain the less than 15-foot landscaped setback area. b. A raised landscaped planter to provide a dense landscape screen consisting of 15-gallon trees, placed 20 feet on -center. This will result in eight trees. c. The landscaping plan shall incorporate a minimum one 15-gallon tree for every 30 feet of frontage along the public right-of-way, for a total of eight street trees. Appropriate ground cover within the right-of-way shall be provided. d. Special attention shall be given to provide landscaping that enhances the intersection corner. e. The Landscape and Site Plans shall indicate the sight distance restricted areas at intersections. Add a note that no landscape materials over 30 inches in height shall be placed in sight distance restricted areas. 13. Demolition of existing structures shall include investigations for lead and asbestos with appropriate mitigations prepared by certified professionals. Prior to the final inspection of the Landscape Plan, and upon establishment of any use, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. The existing damaged CMU wall on the west side of the property is to be repaired. Resolution No. 20-003 Page 7 2. Any extension of proposed or existing utilities required to serve the project shall be installed underground. 3. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public or private improvements caused by construction activity from this project. 4. All public improvements per the approved improvement plans shall be installed. (Planning) 5. A decorative eight -foot, slump block wall is required along the southern property line to match the existing block wall on the dealership/service center site. A building permit issued for the wall will be required prior to its construction. Wall materials and finishes shall reflect the approved conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services. 6. Pursuant to PMC 10.28.080, Gate Drive and its adjoining neighborhood will be designated a no loading or unloading zone to facilitate the movement of vehicles within Gate Drive that is frequently restricted by automobile delivery vehicles. The applicant will be responsible for the costs associated with the fabrication and installation of the warning signs in the public right-of-way by the Public Works Department. The sign content, locations and number of signs will be determined by the Director of Development Services. 7. All physical elements of the project shown on the approved building and landscape plans shall be substantially maintained per the approved plans, except as noted herein, to the satisfaction of the Director of Development Services. 8. The use of the inventory lot for customer and employee parking is not allowed. 9. The use of amplified sound at the inventory lot is not allowed. 10. Prior to installation of any lighting at the inventory lot, a building permit is required. All lighting shall be installed with an automatic timer and be turned off at 11:00 p.m. Any lighting that will be on between the hours of 11:00 p.m. and sunrise shall meet the requirements of the Poway Municipal Code Section 17.10.150(H). Alighting study will be required that demonstrates that the proposed lighting will not spread to off -site areas. Lights along the southern property line shall be installed with shields to block the light from the adjoining residences. 11. All landscaping shall be maintained in a thriving manner. The landscaping along the Poway Road and Gate Drive frontages shall be maintained so that the landscaping provides a 3-foot tall screening effect. This is a requirement to maintain the less than 15-foot landscaped setback area. 12. All loading and unloading of vehicles onto vehicle carriers must take place at the City's dealership inventory lot on Kirkham Way. 13. Test driving of vehicles is prohibited in the adjacent residential neighborhood. • Resolution No. 20-003 Page 8 14. The delivery of new or used vehicles to the site by trucks is prohibited. The loading or unloading of vehicles on automobile carriers is prohibited. Other deliveries and pickups, involving vehicle movements, are restricted to between the hours. of 8:00 a.m. and 5:00 p.m. Monday through Saturday. 15. Any fences, walls or signs proposed for this development shall be designed and approved in conformance with the PRSP to the satisfaction of the Director of Development Services. SECTION 5: The approval of MCUP 19-003 shall expire on January 21, 2022, at 5:00 p.m. unless the use of the inventory lot has been commenced in reliance on the MCUP approval or unless prior to the expiration a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. 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 at a Regular Meeting of the City .Council of the City of Poway, California, on the 21 st day of January, 2020 by the following vote; to wit: AYES: MULLIN., LEQNAR'D, GROS:CH, FRANK, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ATTEST: Faviola Med-'�' C, City Clerk Steve Vaus, Mayor