Loading...
Covenant Regarding Real Property 2023-02283068/22/23, 12:33 PM Batch 16224871 Confirmation RECORDING REQUEST BY CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 317-190-15, 16, 17, 18, 20, 28, 39 MCUP 19-006/DR19-006 DOC# 2023-0228306 Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Aug 22, 2023 11:29 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $56.00 (SB2 Atkins: $0.00) PAGES: 15 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY SRE California 11 PH, LLC ("OWNER" hereinafter) is the owner of real property commonly known as 13747 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) 19-006 and Development Review (DR) 19-006 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 In the event that MCUP 19-006/DR 19-006 expires or is rescinded by City Council, or the OWNER terminates the use permitted by MCUP 19-006/DR 19-006, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and MCUP/DR 19-006 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 OR AUTHORIZED AGENT: SIRE Califo i 1 PH, LLC Dated: �� 0I� ; Heath . yrd Title Dated: (,d CITY OF PO Y: By: d Rob rt J. Manis, birecfor o De lop ent Services (Signature must be notarized) https:Hgs.secure-erds.com/Batch/Confirmation/l6224871 1/2 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 (This space for Recorder's Use) APN: 317-190-15, 16, 17, 18, 20, 28, 39 MCUP 19-006/DR19-006 COVENANT REGARDING REAL PROPERTY SRE California 11 PH, LLC ("OWNER" hereinafter) is the owner of real property commonly known as 13747 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) 19-006 and Development Review (DR) 19-006 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 19-006/DR 19-006 expires or is rescinded by City Council, or the OWNER terminates the use permitted by MCUP 19-006/DR 19-006, upon the request of the OWNER the CITY shall expunge this Covenant from the record title of the PROPERTY and MCUP/DR 19-006 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. n Dated: OWNER OR AUTHORIZED AGENT: SRE California 1 YPH, LLC r Heath F7rgyrd r7 Title CITY OF PO AY: Dated: P By: 4 - Robert J. Manis, iredor of Develop ent Services (Signature must be notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �rcY�rcre�Cct�r�crr�lcCce etc^erxr cccYoclsCecciS�&tcterc�rc�crrc�crccoc 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 June 22, 2023 Date personally appeared before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer 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. �S��tO�ly YVONNEMANNION� WITNESS my hand and official seal. Not Public • California Z San Diego County r Commission 9 2363699 My Comm. Expires Jul 1, 2025 Signature l - ,i 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: Covenant Regarding Real Property DR19-006 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 n nthPr- Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nthryr- Signer Is Representing: ©2016 National Notary Association-�www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of 46eli#emti a- County of On JAL I1 d before me, ftir Notary Public, Date Here Insert Name and Title of the Officer personally appeared Name(s) of 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. L IGE DACZKOWSKI ARY PUBLIC URG COUNTY, NC m Expires 8-19-2026 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. n WITNESS Signature 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 — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ 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 ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 (LEGAL. DEi�Cril''FIOI Ffkb' A HOE 0/1�/A�(C, SsiC'�C�((l��' (O/ RAY 07,47, liil.'Ii C�F Ro to r�o:WA?" Ci.. 9-206 f ITr�F L , 0, RFFISRRL-D TO (IERERV rf:?L-10 PS SITUA r'ED IN f7,r CNQ,- of PGwq K, #v ;7-1c coUFiffV, of S4/V 0IFGQ- STATE OF CAc1FORIVIA, AND) fs DE -SCR K-0, As FaLlMS.. TOGFfNicR F<VAN TItYr= NIEST 7cr FEET OF FNE CAST 2,70 F FFF of Nne' ; tElUiµ W 250, FEET OF THE 1tl0,PM,HFzA'SF QUAR7ER Or NZ SOUSE'14-5 1 QU/ RTF? OF S =C17W ?3, FGt INIS.HIP t4 SF1U1/l-4 RANG- 2 ME-S,T SAIL/ C-571V BASE- Alt(D' [k0Efti'c%?,'.%ftl IN F(rC CITY OF ,R00Az COMFY OF' .SAIV MEW, 37Ah- OF C3lLIF2, Rtl/'A, /-nC01O RMAIG %G? U ffKF: STI F S GOPtERltiME-;tlr,'% SURVEY APPROVEDSEP'7-r??,, MR ALL BEING itIEASURED ALONG 7I1E LILIES 17HERC107 700E7IER 14117N- 7RE MCSl� 0.G0 FEET OF TI-IF EAST' ?h0:0,0 1,=frT Cl- T L NORUN ?50!i0 FC=. OF 7HF Al0'RTHE-1157'- QUl- RTE,� OF Fl-fr SGUT"I�E ST QUAR'7-E t' OF SECNOW t,3 TOKK SI,"F N SOUTI' ,. RANCE, 2 NIEST SAN l�ERf0/AA(, IN 77-fE Of,'Fk- OF Poll'A v- COUItlT )' OF SAIN* 011-=:;C, 5FA7E OF CAL R-TR IM, ACC C,'?,9 VC— 7-0 U.Ntf't_D STA 7E-S G0fl-F-,A4 E11F S•URT f/E?, APPROVEI- SEPTEUSISR 17, � 7,9. TOC-L- 7X-rP, (tl1TH,- T1fF AE-ST 70,OC FEET G-F TIE FAST 90.00 FEET OF THE IVORTI-,` 25000 FEET OF 7HE (1lO1iTl=f4_r�t'SF OUARTFr Or 711i SOUNE-AST QUARcTEP? O( SEC777OfV 1 , TE?tCINSHM0 N SCUTI-!,, 1-(,1VGE- 2 SAN SERIM-FDIYtNO (RASE AN 11t! THE C1T,", OF P'OWA Y COUf d Tr OF SAN DlEGO, SMITE OF CAL1FORIV , ACCOR19ING TO UA11 TFD ETA TES GOG'ERI',lllENT SURVEY,, APP1?0V-D SEPI-C—USER ?? 07 AIL SEING M%ASURED ALONG Tt{E BOUNDARY LINES TI i'C.RESF l�arC114E�irG L AISIDINVC GLAAlig SURVEIIM l' ; 143 9 FlFrESTONE BOULEVAR29 �� M/RR.f1A, CF?G/FORAr/A 90633 Pt�(i!�)527—fltii FAY(7!?f527-4773 Lost Update:10/12/2= 0:\33800-389S\3834\cXHIBITS\3834_EMBIT A L Q.d,vg — - SI-IEE t 2 OF 2 M57-47 PO/t��/AY P,Q1Da PCIA M."t GIA ✓%OE-? ARM, 37 7--1 boa— r5 C-h"m gh —Fir —:50, —25-k _ 3-0 ThIA T POI I701V OF Tl IE MOB' 0f ARTCEFt OF GrEE SOU %� <'T e�W RTl_--R o SEC710N t3i, f-VIIVIVSHIP 14 SOUN RANGE" 2 PYESr; SAN I.-ERhfAf-v9# 0 MER101AN, IN 7HE CITY OF P0191=� Y COUNTY OF SAW 91EGQ, STA TEOF CA-119ORNI.A,, ACCOR916ErC TO T/eL= OFFICIAL FkAC THEREOF, -IIESC/FIM9 AS FOLLOWS: C0,11,710ENCING Al T TIfE .!VO c -I'WEE ClotZ/ ER OF 71.-111n,- E14 57'ER Y 2a co FEET Of- SAW SOU, THEAST QUARTEI? OF SEC T/OfL 73, P-ENCE ALONG ?'f-fE f4J_=STEL, L Y! i //k, OF SA[P EASTCRL Y 2a 00 FcE1- SOUR00 .Q'00" EAST 250. 00 FEET M, P- -- TRUE PORT F OF L�EO/64/fc�lll/E' iG=iCiXE F-AIZ ALLEL WrTl/=4 FAIF NORTHEUL Y LfiVE OF Sf 4fQ 5OU ?IIJEA ST O1ARTE/?. IVIO 7.1 85 0v `W " ffifr ST 4'30 OO1 FEFT; 71-VEArC SOUPY 00 t?D'00" EAST 1Q5.50 FEET; THENCE SOUTH; 89 06'3 EAST 430.00 FEET 70, ME WESMRL Y LINFE OF THE EASIEFC. }! 20:00 FEET OF SAFD SOUTIVE,41ST QUAR ERK; TIEEAICE ALONG SAID IQIESTFRL Y 20 00 FEr T OF SAID SOUTHEAST ALONG SAD tWESiFEP,L Y LINE NOR-TH 0009100" ('ll-:5T 1Q,5,50 FEET TO 7-l-;G- TRUE POINT Or GEGlNIVINC TOGE THEE r�trlTl.�; 7NE WE57- 70 00 1.-LET OF 7*7YE FAST 70CZ 00 1--EFT OF TfIE AlOR'lH 250.00 FEET OF ��C NOPFHEAST QUARTER OF 77-1F SOUTHEAST QUARTER OF TILE SECTION 73,+ TOI1r/IVSI-`FP 14 SOUTiV,,, RANGE 2 14IE57. SAN 3ERNARDINO MERfDfAN, IN THE CIll1' OF POIWA Y COUNTt'' OF SAN DIE Go, STATE OF CALIF"OrArA, ACCORDfAk7' TO Th'E OFFICIAL Pl_ A T THf1? OF ,. ALL BEING IOEASUfEO ALONG, THE o"GUA1011iR I' LIVES THEREO TOGETI-EP 141 <'l f,,• ?-1`/_ WEST 120 GO FEET OF T<�E EAST 420 00 FELT Or- 77,E AICP, T/ 250.. 00 FEET OF THE NOR;f-fEA'ST QUARTER OF THE- SOUTIJEAS< QUARTER OF SECTION l3 TOVt1h/S1IfP is SOUTH, RANGE- 2 VVESF, SAN BERNARDINO MERIDIAN, /N THE CITK OF PO!?/A?, COW T Y OF SAN DIEGO; STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT 7HFP,ALL BEING MEASURED ALOIVC THE SOWVDARY LINES PHEREOF e PC/N1 l'GNLli1D SURrYhGMEI 13 7EEUE/RO —/ /%f(T1rR9 CALIFORNIA 90638 Lesl Update: i0/12/22 �f52/—�?Ii C1-:�/f4�521-3173 0:\3800-3698\3831\E MIDITS\3834•_EXhIIBIT A 6.detg RESOLUTION NO. 22-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 19-006 AND DEVELOPMENT REVIEW 19-006 TO ALLOW FOR THE CONSTRUCTION OF A 4,791-SQUARE-FOOT AUTOMOTIVE SERVICE BUILDING, CONTAINING NINE SERVICE BAYS, AT 13747 POWAY ROAD ASSESSOR PARCEL NUMBERS: 317-190-15, 317-190-16, 317-190-17, 317-190-18, 317-190-20, 317-190-28, and 317-190-39 WHEREAS, the City Council considered Minor Conditional Use Permit (MCUP) 19-006 and Development Review (DR) 19-006 for the construction of a 4,791-square-foot automotive service building, containing nine service bays for the Poway Honda dealership located at 13747 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 approved MCUP 19-003 to allow for a 0.79-acre automotive inventory storage lot for the Poway Honda dealership located at 13715 Poway Road; WHEREAS, on August 2, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against relative to MCUP 19-006 and DR 19-006; 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. Resolution No. 22-059 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The above recitals are true and correct. SECTION 2: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 32 Categorical Exemption, pursuant to Section 15332 (Accessory Structures) of the CEQA Guidelines, in that the project is consistent with the General Plan and zoning designation and occurs on a developed property that is less than five acres and is substantially surrounded by urban uses. SECTION 1 The findings, pursuant to Section 17,48.070 of the PMC, to approve MCUP 19-006 to allow the expansion of an automotive service use, are made as follows: A. The location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that the expansion of the automotive service building is permitted with the approval of a MCUP modification and will otherwise comply with all of the relevant codes and standards of the City of Poway. 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 automotive service building has been designed so that the door and only opening to the building faces east. Additionally, a noise impact analysis was prepared by Urban Crossroads in January 2022. The noise impact analysis determined that the operational noise impacts for the proposed automotive service building are considered less than significant. Exterior lighting will be required to comply with the PMC to avoid impacts to surrounding residential uses. C. The harmony in scale, bulk, coverage, and density of the project is consistent with adjacent uses in that the proposed automotive service building adheres to the development standards for the AGC district. Further, 15-gallon trees planted at 20 feet on center are required to be planted and maintained along the rear property line. D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use. E. The automotive service building has been sited to comply with the General Plan and PMC standards. Conditions of approval are required of the automotive service use which are intended to minimize the potential for negative impacts to the surrounding residential uses. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics. F. The construction of the automotive service building will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan. G. The site is suitable for the type and intensity of use or development that is proposed Resolution No. 22-059 Page 3 in that the automotive service building meets the development standards for the AGC district and there is sufficient parking available onsite. H. There will not be significant harmful effects upon environmental quality and natural resources in that the automotive service building is an expansion of an existing automotive service use on a developed property. 1. There are no relevant negative impacts of the proposed use that cannot be mitigated. An automotive service use is a permitted use with the approval of a MCUP. 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. The proposed use will comply with each of the applicable provisions of PMC Title 17 (Zoning Ordinance). SECTION 4: The findings for DR 19-006, 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 Poway Road Specific Plan 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 a compatible architectural design consistent with the existing automotive service building and the Poway Road Specific Plan. 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 automotive service building will comply with the development standards for the AGC district. Additionally, a noise impact analysis was prepared by Urban Crossroads in January 2022. The noise impact analysis determined that the operational noise impacts for the proposed automotive service building are considered less than significant. Exterior lighting will be required to comply with the PMC to avoid impacts to surrounding residential uses. D. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan and the Poway Road Specific Plan. SECTION 5: The City Council hereby approves MCUP 19-006 and DR 19-006 as shown on the approved plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A" and dated August 2, 2022 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, Resolution No. 22-059 Page 4 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 19-006 and DR 19-006) 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 August 2, 2022 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 19-006 and DR 19-006. 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 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. Resolution No. 22-059 Page 5 H. Prior to issuance of the Building Permit, unless other timing is indicated, the following conditions shall be complied with: 1. Please note a Floodplain Development Permit will be required for any work within the limits of the floodplain. 2. All spoil materials from footings and foundations shall be legally disposed of off - site or if the material is to remain onsite, the material shall be placed per the requirements of the City grading ordinance. 3. 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. 4. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance. 5. The applicant shall pay the storm water pollution inspection fee and minimum erosion control deposit according to the latest adopted master fee schedule. 6. The property owner shall execute an approved Storm Water Trash Facilities Maintenance Agreement (SWTFMA) accepting responsibility for all structural Best Management Practices (BMPs), perpetual maintenance, repair and replacement as outlined in the Operations and Maintenance Plan. The SWTFMA requires an easement granted to the City of Poway. The applicant shall submit 8.5 by 11-inch exhibits of the legal description, site plan, operations and maintenance plan, and easement plat and legal (if applicable) to the project engineer for approval. 7. Improvement plans prepared on a City of Poway standard sheet at a scale of V _ 20', unless otherwise approved by the City project engineer, in accordance with the submittal and content requirements listed in the PMC 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 percent complete at the time of submittal and ready for approval. The applicant shall pay the improvement plan check fees according to the latest adopted master fee schedule. The plan shall include, at a minimum, the following features: a. A fire hydrant to service the project. b. A plat and legal description for a minimum 20' wide water easement shall be submitted to accommodate the public water main on the project site. Note: The proposed public water easement is labeled as 10 ft wide on sheet 3 of the current Engineering plans. 8. The applicant shall enter into a Standard Agreement for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for public improvements in accordance with the PMC Section 16.20. 9. 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 Resolution No. 22-059 Page 6 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. 10. 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. 11. Prior to start of any work within a City -held easement or right-of-way, a Right -of - Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. (Planning) 12. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. 13_ Landscape and irrigation plans shall be submitted and approved. Landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 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. 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: Installation of 15-gallon trees, placed 20 feet on -center along the south property line. b. Installation of shrubs in the landscape planter located on the south side of the proposed automotive service building. 1. Prior to occupancy, the following conditions shall be complied with: 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. 2. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 3. All utility services shall be installed and completed by the property owner, and inspected and approved by the Engineering Inspector. 4. The applicant shall install approved trash treatment devices per the Storm Water Resolution No. 22-059 Page 7 Trash Facilities Maintenance Agreement to the satisfaction of the Engineering Inspector. 5. 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. 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. After completion of all work, record drawings of the improvement plans, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning) 9. Landscape and irrigation shall be installed and maintained in accordance with the approved landscape and irrigation plans on file with the City of Poway Planning Division. All landscaping shall be maintained in a thriving condition. 10. The site shall be cleared of all construction materials, supplies, and equipment. J. Upon occupancy the following conditions shall apply: 1. 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. 2. All landscaped areas on -site shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. 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. Unnatural or excessive pruning, including topping, is not permitted. 3. Immediate removal of graffiti and any other type of offensive debris is required. 4. 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. 5. All loading and unloading of vehicles onto vehicle carriers must take place at the Resolution No. 22-059 Page 8 City's dealership inventory lot on Kirkham Way, 6. Test driving of vehicles is prohibited in the adjacent residential neighborhood. 7. 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. 8. 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. K. The applicant shall comply with the following requirements to the satisfaction of the Director of the Safety Services (Fire Department): 1. Approved fire hydrants shall be located within 400 feet of all exterior walls as measured by an approved route. A new water main and fire hydrant shall be located on the east side of the proposed project. The location shall be approved by the Fire Department. 2. The building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and meet the City of Poway standards. The building address shall also be displayed on the roof in a manner satisfactory to the fire code official, and meeting Sheriff Department-ASTREA criteria. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather paved driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. This 20-foot access width is the minimum required for Fire Department emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. The Fire Chief, pursuant to the City of PMC, shall approve the road surface type. 4. The building shall be equipped with an approved fire sprinkler system meeting PMC requirements. The entire system is to be monitored by a central monitoring company. Backflow valve assemblies with tamper switches shall be monitored. The City Fire Marshal shall locate these fire protection devices prior to installation. Two separate plan submittals to the fire department will be required, one for the fire sprinkler design and the second for the fire service underground. A water analysis will be required. 5, Installing Fire Sprinkler AND Underground Fire Service Contractor(s) shall obtain a copy of the fire department's "Policies for Automatic Fire Sprinkler Systems". 6. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36 inches of clearance from the Resolution No. 22-059 Page 9 standpipe or attached additional risers, accessible by a 3'-0" man door. 7. A properly licensed contractor shall install an automatic fire alarm system to approved standards. System shall be completely monitored by a UL listed central station alarm company or proprietary remote station. 8. A metal sign with raised letters at least 1 inch (25mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served. 9. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal, 10. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 11. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 12. A 2A10BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. SECTION 6: The approval of MCUP 19-006 shall expire on August 2, 2024, 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 7: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Resolution No. 22-059 Page 10 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of August, 2022 by the following vote, to wit: AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Steve VaUS, Mayor ATTEST: A1�.0 R Carrie Gallagher, CMC, CitV Clerk