Covenant Regarding Real Property 2007-0297754
( "
i{ECpRDING REQUEST BY, . ) I i illllilllllllll~llllllIlmJI(IiI~ ij~; ~1;iJ"I~WI ~IIIIII
CliYOF POWAY )
)
WHEN. RECORDED MAil TO: ) I ~/1AY 01 2007 2:56 PM
~I
, DrFICLc:..L F:ED IHLI':
CITY C~LERiL ' ,
I :..':':'J'j ~Iit .-~rl i ,uurH'I' r::LLUf,[IEFi": OFFICE
,CITYQF POWAY ! liHEljUf,\.: .r...1ITH rnlll'Jr, HEIJIR[IEf::
P o~,6ihB9 \ ) I rlE'~, 74.UU
I P<.:..GE', ~
POWAY CA92074-0789 )
APNs: 31'4-193L40, 41 and 42 : il!i!I 11111 11111 1!1Il iilll Illil 11111 11111 11111 Ilill 11111 11111 III II 11111 lI!i 1111
COVENANTREGARDIIIIG REAL PRCWERTY
N K & P E Switzer Family Trllst, John L. III. and Diana L. Augustine, Trustees of the
Augustine Family Trust, PROPERTY OWNERS ("OWNERS" hereinafter), are the owne[s of real
property described in Exhibit A, which is attached hereto and made a part hereof and which is
commonly known as Assessor:s Parcel Numbers 314"193-40, 41 and 42 ("PROPERTY"
hereinafter)
In consid!3r<ltion .of the:appi'oval of CUP 03"01 M(2) and DR 03,03R(2) by the City of poway
("CITY" hereinafter), OWNER hereby .agrees to abide by conditions of the attached Resolution
(Exhibit B)
This Covenant shall run llriith th.e land ancj be binding upon and inure to the benefit of the
future owners, encumbrancers, successors, heirs, personal representatives, transferees and
assig ns ofthe respective parties,
In the event that CUP 03-01 M(2) and DR 03-03R(2) expires, or is rescinded by, City Council
? .." , . . ~ - .. .
at the' reqLiestof the OWNER,CITYshall expllnge this Covenant from the record, title of the
PROPERTY
In,'the,event of litigation to.enforce.the provisions of this' Covenant, the prevailing par;ty'sha)1
be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other
party
OWNERS
Dated: I.{ I r:z..) CI 7 By' ~ j<rd. ~
l' . Norman K,Switzer (Notarize)
Dated: q, f.r!J, [):} By'
Dated: l{ -12 -0-7 By
Jo hL,AlIgllstine III
!lr '
Dated: Lf- f), -0 1 By' Q &
, Diarla Augustine
/f>id- t{, 2.' p? CITY OF POWAY /
Dated: By' 1n~J1Af/
Niall ritz, Director of Deve'fG~ment Services
01---04\
. .
EXHIBIT A
LEGAL DESCRIPTIQN
LOT 1 AND PORTIONS OF' LOJ 2, TOGETHER VYIIIj 1HQSE VACATED PORTIONS OF
Al!I:lREY STREET AND THE' ALlEY, IN BLOCK 10 OF PIERMONT, IN THE CITY OF POWAY,
'COUNTY OF SAN DIEGO, AS MORE PARTICULARLY DESCRIBED BELOW
PARCEL 1
COMMENCING AT THE SOUTHWEST CORNER OF LOT 5 IN BLOCK 10 OF PIERMONT, IN
THE CITYOF POWAY, COUNTY OF SAN DIEGO, STATE' OF CALIFORNIA, ACCORDING TO
--- -,
MAP THEREOF NO 331 , FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO
0- ( _', .. - .... " ..
COUNTY, CALIFORNIA, ON. M.AY 27, 1887, THENCE NORTH, 00008'25" EAST ALONG THE
WESTERLY LINE THEREOF 212,66 FEET TO THE TRUE P91NT OF BE(3INNING, THENCE,
CONTINUING NORTH 000081.25:' 'EAST 92,00 FEET TO THE CENTERLINE OF AUBREY
STREET AS CLOSED AND VACATED TO PUBLIC USE BY RE~OLUTION RECORDED APRIL
26, 1946, AS FILE NO 45170' AND RE"RECORDED MAY 17, 1946, AS FILE NO 53347,
THENCE ALONG SAID CENJERLlNE.SOUTH 89043'21" .EAST 180,21 FEET TO THE
INTERSECTION WITH THE NOR1HERlY PROLONGATION OF THE CENTERIJ~E OF THE
ALLEY IN SAID BLOCK 10, AS CLOSED AND VACATED 'J:O PUBlic USE BY RESOLUTION
RECORDED APRiL 25, 1946, AS. FILE NO 45170 AND RE~RECORPED MAY 17, 1946, AS FILE
, . '
NO 53347, THENCE, ALONG SAID ALLEY CENTERLINE SOUTH 00009'44" WEST 92,00 FEET
'_._ __ .. '..' , . _ . ,. ~ 1. " ". ". '
TO THE NORTHEAST CORNER OF PARCEL "C" DESCRIBED IN THAT CERTAIN
CERTIFICATE OF COMPLIANCE DATED APRIL 28, 1986, AND'RECORDED MAY 5, 1986, AS
-" ,_ - "'._ . - .,_. ,. . ...... . .. _"', - c" ,_ ~
FILE NO 86-177591, l'HENCE, '^!ESTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL
"C" NORTH 89034'21" WEST 180 17 FEET TO THE POINT OF BEGINNING
PARCEL 2:
AN EASEMENT FOR' CONSTRUCTION, MAINTENANCE AND RiGHT-OF-WAY FOR SEWER
AND UTILITY PURPOSES OVER, UNDER; ALONG AND ACROS'S A 20-FOOT STRIP, MORE
PARTICULARLY DESCRIBED AS'THE .EASTERLY 10 FEE;r OF LOTS 1 THROUGI15 OF MAP
NO 331, BLOCK 1 O,TOGETHER' WITH THE WESTERLY 10 FEET OF THE VACATED.ALLEY
ABUHINGLOTS HHROUGH 5ASSHOWN oN SAID MAP "NO 331, BLOCK 1 0; FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27,1887
. .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~~~~~~~~~~fi';'>~A.~
State of California } ss,
County of 3n{) Gi ~O
On Apri \ \~. ~C07, before me, Snprrie \\,WOm-U ,NDj-ar~ Pub He.
Date Name and Title of Olficer (e.g., Jane Doe. Notary Pu ic")
personally appeared ;:)ohl'\ L, AUBI~~+~()€ l!r d C\ d
Name(s) a/Slgner(s)
'"D .0.. C'\G All aU,S{.jne
o personally known to me
~ proved to me on the basis of satisfactory evidence
to be the person~whose nam~ is/<@)subscribed
" _D, to the within instrument and acknowledged to me that
_~ ~ ," .#1421_ he/she/@ executed the same in hislher/~
Nlllalyl'lllllc -C .l,A authorized capacity~, and that by his/her/
" -1IIIgo~ signatur~ on the instrument the person~, or the
..,CIBiL,..,JlailIO, entity upon behalf of which the person~ acted,
" executed the instrument.
WITNESS my h~d official seal.
Place Notary Seal Above VP1A;J ~
Signa:ure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prev,ent fraudulent removal and reattachment of this form to another document.
Description of AllaChe!!OCUment ~ " --=R eo...t flnpeNtj
Title or Type of Document: D\JP.1'\()l\+
Document Date: At:t:"\ \ \2. :JC07 e23
Number of Pages:
Signer(s) Other Than Named Above: JJO\IY'O.C'\ K. (lol'\d Da.+,i,-e t.. ~LO\t2.e{
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney in Fact Top 01 thumb here o Attorney in Fact Top 01 thumb here
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
~_,.-.".~~~~~"(,;K."'g..~~~~~'^Q(,..~'g{,)'g".~~~~"(.)(
e 2004 National Notary Association' 9350 De Solo A~e., P.O. Box 2402. Chalsworth, :::A 91313-2402 Item No. 5907 Reorder: Call Toll-Free '-800-876-6827
. .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~~~~Rr.>~~ff:..h~~~
State of California } ss,
County of "q" fl ~ 0
On Idpg. I /;;}, at)iJ7 before me, 8h~Ili<j,~,"dTI~;ft.~~:~~~~~q,~~'t, Pu6/i'-
Date
personally appeared AJo~a() 1(, al)d 1J!.i~';u', F. 5~UJ;f2.e&
Name(s)01 Igner(s)
c:; personally known to me
lit' :=:=. -, ~roved to me on the basis of satisfa~ry evidence
to be the perso~whose name~s/ r subscribed
i '*"'-' NlIc - CaIIIomIa ~ to the within instrument and acknowledged to me i
j Ion DlIIgo CounIy - he/she/t~ executed the same in his/her/ elr
,,- - - ~~_-:--~~~/I authorize capacit@ and that by his/her!. ei
signature~,on the instrument the perso~ or the
entity upon behalf of which the perso acted,
executed the instrument.
WITNESS ~y han~
Place Notary Seal Above ,->>LLU 1 t '~
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attache~ocument ~-. Q()o..O ~
Title or Type of Document: D\lP.f'\Ql"\+
Document Date: --WI \ 1;)..~0ifl Number of Pages: .,:).~
Signer(s) Other Than Named Above: 30hn L, Qn c! D i ()..() a {lt1l.gILSHn€
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General RIGHT,THUMBPRINT o Partner - 0 Limited 0 General RIGHT,THUMBPRINT
o Attorney in Fact OF SIGNER o Attorney in Fact OF SIGNER
Top of thumb here Top olthumb here
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
~~~~~~~~~~~,,~;..~~"'g..~~~~'O(,.~
@2004 National Notary Association. 9350 De Solo Ave P.O. Box 2402. Chalsworth, CA 91313-2402 Ilem No. 5907 Reorder: Call Toll.Free 1-800-876-6827
" . .
RESOLUTION NO Pc07-15
A RESQLUTION OF THE CFfY COUNCIL
OFTHE CITY OF POWAY,,€ALlFORNIA
....,.- .,
APPROVING,CONDITIONAL USE PERMIT 03-01 M(2)
AND DEVELOPMENT REVIEW,03c03R(2), AND
RESCINDING RESOLUTIONS P-04-02 AND P-05-78
ASSESSOR'S PARCEL NUMBERS 3gc193-40, 41, and 42
WHEREAS, on January 6,2004, the City Council approved by Resolution P-04-02
Ci;>nditional Use Permit (CUP) 03-01 and Development Review 03-03 to construct a
6,751-square-foot commercial building for a veterinary clinic on an approximately 075-
acre, vacant property located at the, southeast corner of Midland Road and Aubrey Street,
in the Commercial General (CG) zorie and the Old Poway Specific Plan area, and
WHEREAS, on December 6, 2005, the City Council approved by Resolution
P-()5-78 CUP 03-01M and DR 03-03R to modify the condition of approval coritained in
Section 6 of Resolution P-04-02 to allow the applicant two more years to obtain a
Building Permit and commence construction of the 6,751-square-foot building; and
WHEREAS, a request has been submitted by Midland Animal Clinic, ApRlicant/
N K & P E Family Trust, John and Diana Augustine Trust, and Poway RedE:Jvelopment
Agency, Owners, to modify the, previously approved veterin;;jrydinic proposaLto construct
a 6,872-square-foot comme~(;ia,I,9uilding for an animal clinic, the footprint of a future
500-squarecfootaddition, anCl a 37-spaceparking lot; and
WHEREAS, on April 3, 2007, the City Council ,held a duly advertised public
hearing to solicit comments'from the public, both pro and con, relative to this application,
NOW, THEREFORE, BEIT'RESOLVED by the City 'Council of the City of Poway
as follows:
Section 1, The City Council finds that the Negative Declaration, previously approved
for CUP 03-01 and DR 03:.01 ~>n JanuarY 6, 2004! adequately addresses the
environmental concerns for,GOP 03-01 M(2) and DR03-03R(2) in that the revised
proposal:would result in an expansion that is less than 10 perc~nt of,the original proposal
and the building footprint is substatitially consistent withcthe originally approved building,
Section 2: The,findings, in accordance with Section 17 48,070 of the Poway Municipal
Code, for cUP 03cO:1M(2) to operate an animal clinic within a 6,872csquare-foot
commercialbuilding and the footprint ofa future500-square-foot addition, in the CG zone
and the Old Poway Specific Plan area are as follows:
A. The location, size" design, and operating characteristics of the proposed animal
clinic is in accord with the title and purpose of Chapter 17 48 of the Poway
Municipal Code, (Conditional Use Permit Regulations), the purpose of the Old
Poway,Specific Plan, the CG zorie, the. City Gelieral Plan, and the development
policies and standards of the City in that animal clinics are allowed with a
. .
Resolution No P-07 -15
Page 2
Conditional Use Permit. The project will not significantly impact traffic circulation
or parking and will facilitate the internal driveway connection to the future
development of property located to the south, and the facility has been designed
and sited such that it will be compatible with the surrounding development.
B The location, size, design, and operating characteristics of the proposed animal
clinic will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, structure, or natural resources in
that the facility will be located on a currently vacant and previously disturbed lot,
and has been designed and sited such that it will provide parking and a screening
wall.
C The proposed animal clinic is in harmony with the scale, bulk, coverage, and
density of, and is consistent with, adjacent uses in that the design of the proposed
facility is consistent and complimentary to surrounding buildings,
D There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed animal clinic,
E, There will not be a harmful effect upon the desirable surrounding property
characteristics in that the design of the proposed facility will be consistent and
complimentary to buildings within the surrounding area, and design elements of
the Old Poway Specific Plan have been incorporated
F The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the proposed use provides on-site
parking as required by the Zoning Code requirements and will take access from
Aubrey Street. The proposed parking lot will facilitate the internal driveway
connection to the adjacent vacant, commercially zoned property to the south,
G, The site is suitable for the type and intensity of use and development which is
proposed in that the proposed project is located along Midland Road and in the
vicinity of existing commercial development.
H, There will not be significant Iiarmful effects upon environmental quality and natural
resources in that the proposed animal clinic is located on a previously disturbed
property, and does not involve the removal of significant natural habitalTesources,
I. There are no relevant negative impacts associated with the proposed animal clinic
that cannot be mitigated,
J That the potential impacts, and the proposed location, size, design, and operating
characteristiCS of the proposed project will not be materially injurious to properties
or improvements in the vicinity, nor be contrary to the adopted General Plan, in
that the animal clinic has been designed and sited such that no visual impacts will
d. .
Resolution No, P-07 -15
Page 3
result, and the overall site development will be in compliance with design
standards of the Old, PowaySpecific Plan,
K. The prqposed animal clinic will comply with all'theiapplicable provisions:of Chapter
17480fthe Poway Mimicipal Code in that the facility has been designed and sited
such that it will not result'in visual impacts,
Section. 3' The findings, in accordance with Section 17:52 of the Poway Municipal
Code, DR: 03"03R(2) to construct a 6,872-square-footcommercial building, the footprint
ofafutur~:500"square-foot addliion, and a 37-space parking lot aUhe southeastconier of
Midland Road and Aubrey Street, in the CG zone and the Old Poway Specific Plan area
are as follows:
A, The, proposed project is ttie construction of an animal clinic with ,a future addition,
which will not adverseiy affect the existing parking in the area, The proposed
animal clinic project will be built on a previously disturbed site and will incorporate
design elements consistent with the Old Poway Specific Plan. therefore, the
project respects the interdependence of land values 'and aesthetics to the benefit
of the City
B The proposed animal clinic building will be consistent with the guidelines of the Old
Poway Specific Plan in 'that it will be built in a Pioneer Farmhouse architectural
style consistent with the Old Poway Specific Plan design standards and will
incorporate high quality materials, The future addition will require approval of an
MDRA to er;Jsure consistency with the Old Poway Specific Plan design stal'1dards,
The.architecture and colors will be complimentary to existing commercial tiiJildings
to the south and Old Poway Park buildings to the west. As conditioned in this
resolution, the allowance 6f two wall signs along Midland Road will provide a
graphic thaUelates to the business trade and adds character ofthe building; The
wall signs will not result in.,exceeding the additional'wall sign area for the clinic nor
the combined number of wall and monument signs allowed for the clinic or along
Midland Road, Therefore, the proposed use does not conflict with the orderly and
harmonious appearance of structures and property within the City, along with
associated facilities, such as, but not limited to, signs, landscaping~ parking areas,
and streets,
C Public facilities, services, and utilities are available, The proposed animal clinic
will not affect public parking, availability of the surrounding area in that adequate
parking consistent with the Zoning Code ,requirements will be provided, The
animal clinic will obtain vehicular access thro,ugh Aubrey Street. Therefore, the
proposed project does not detract from the maintenance of the public health,
safety and'general welfare, and property throughout the City
o The animal clinic is designed to minimize visual impacts from neighboring
residential development by being situated approximately 85 feet away from the
. .
Resolution No, P-07-15
Page 4
property line shared: by.neighboring residences, A 6-foot-high screening wall and
landscaping will further buffer the project site froni homes to the east The design,
colors, and material are consistent with Old, Poway Specific Plan design
standards, and compliment the surrounding commercial, park, and. residential
development The proposed development respects the public concerns for the
aesthetics of developments,
E, The proposed project will meet the required design regulations for the Old Poway
Specific Plan, and will otherwise comply with all of the relevant codes and
standards of the City of Poway Therefore, the proposal does not have an adverse
aesthetic, health, safety, or architecturally related impact upon existing adjoining
properties, or the City in general.
F Th~ proposed project will comply with all of the provisions of the Zoning
Ordinance, Old Poway Specific Plan, and the General Plan,
Section 4, 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
8- The construction of public improvements is needed as a result of the proposed
development to protect the public health, safety, and welfare as identified below
and further described in the conditions of approval:
1 Street improvements for Aubrey Street
2, On-site public water system if a new water line is required for a new on-site
hydrant.
3, A maximum of two new fire hydrants will be provided to the satisfaction of
the Fire Marshal.
4 Undergrounding of utilities,
C In accordance with the Poway General Plan, the .project requires the payment of
water, sewer, drainage, and traffic fees, which are assessed on a pro-rata basis to
finance public infrastructure improvements, which promote a safe and healthy
environment for the residerits of the City
Section 5, The City Council hereby approves CUP 03-01 M(2) and DR 03-03R(2), to
construct a 6,872-square-footcommercial building for an animal clinic, the footprint of a
. .
Resolution No P-07-15
Page 5
future 500-square-foot addition; and a 37-space, parkiElg lot at the southea'st corner of
Midland Road and AubreY$treet, in the'CG zoneand'the Old Poway Specific Plan Area,
subject to the following conditions,
(Planning)
A. Approvalofthis Conditional Use Permit and DevEllopment Review shall apply only
to the subject project and shall not waive compliai;1ce with all other Sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the time of
Building Permit issuance,
B Within 30 days of the date ofthis approval: (1) the applicant shall submit in writing
that all conditions of approval have been read ancl understood; and, (2) the
property owners shall execute a Covenant Regarding Real Property
C 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
commercial and residential uses,
0 The terms and conditions of Conditional Use Permit 03-01 M(2) and Development
Review 03c03R(2) shall be 'binding upon the permittee and all persons, firms and
corporations having an interest in the property subject to these permits, arid the
heirs, executors; administrators, successors and assigns of each of them,
including municipal corporations, public agencies and districts,
E. Coriditional Use Permit 03-01 M(2) shall be subject to annual review, as
determined by the DireCtor of Development Services, for compliance, with the
conditions of approval and to address concerns thatrnay have occurred during the
past year,
F Prior to issuance of ,a Building Permit for the 500 square-foot addition in
accordance with the approved site plan dated February 23, 2007, the design
would. be subject to a staff~level review and approval of a revision to DR 03"
03R(2), which includes the notification of adjacent property owners,
G, Two wall signs along Midland Road per approved plans dated February 23, 2007,
for CUP 03'-01 M(2) and DR 03-03R(2) ma,y be permitted provided that the
applicant submit a written cOmmitment to not install a freestanding sign along
Midland Road, The letter will become part of the record for CUP 03-01 M(2) and
DR 03-03R(2),
H, Prior to the issuance of a Grading Permit o( Building Perrhit, the applicant shall
comply with the following to the satisfaction of the Director of Redevelopment
Services Department:
. .
Resolution No, P-07 -15
Page 6
1, Execute a .reciprocal access agreement and/or easement for access
between the Midland Animal clinic propert'y, and the remainder property to
the south that'is,owned by the Poway Redevelopment Agency,
2, Aubrey Road and Midland Road along the northern property line shall be
dedicated to the City of poway
3, Complete a boundary adjustment with the property to the south that is
owned by the Poway Redevelopment Agency,
I. Prior to grading the applicant shall obtain a Grading Permit. The applicant shall
suomit to the DevelopmentServices Department for review and approval a precise
grading plan, erosion control plan, Storm Water PollLition Prevention Plan, and
geotechnical report, Grading of the project shall, be in substantial conformance
with the approved devel()pment plat) and in acci:)((j~nce with the Uniform Building
Code, City Grading Ordinance, City Standard Urban Stormwater Mitigation Plan
(SiJSMP) Ordinance, and the City Storm Water Management and Discharge
Control Ordinance, Prior to issuance of a Grading Permit, the applicant shall
complywith the following:
1 A grading plan shall be prepared on a City of Poway standard3mm, 24" x
36" mylar at a scale of 1" = 20' and submitted along with a Grading Permit
application and applicable fees to the Engineering Division for review and
- . - - "'..' . .
approval, A grading plan submittal checklist is available at the Engineering
Division front counter At a minimum, the grading plans shall show the
following:
a, All new slopes with a maximum 2:1 (horizontal to vertical) slope,
Tops and toes of graded slopes shall be shown with a minimum five-
foot setback from .open space areas and property lines. Buildings
shall be located at least five feetfrorr]"tops and toes of slopes, unless
waived by the Planning Division. and/or Engineering Division prior to
issuance of a Grading Permit.
b Aseparate erosion ,control plan,prepared by the project civil engineer
for prevention of sediment runoff during construction, Erosion
control, including, but not limited to, de-silting basins, shall be
installed and maintained from October 1 to April 30 The applicanU
developer shall make provisions to insure proper maintenance of all
erosion control devices,
c, All utilities (proposed and existing), together with the appurtenances
and any'easements, Encroachments are not permitted upon any
easement' without an approved Encroachment AgreemenUPermit.
. .
Resolution No P-07 -15
Page 7
d, Locationscifall utility boxes; clearly identified in coordination with the
respective utility companies, and approved by the City prior to any
installation work, Screening of utility boxes shall be to the
satisfaction of the Director of Development Services,
e, All driveway approaches to the development shall be with alley-type
curb returns, unless otherwise approved by the City Engineer.
f Top and bottom elevations of all retaining and freestanding walls,
The grading plans shall show the screening walls for reference
purposes, Submit a design and materials board for the walls for
approval l:lY the Planning Division, The wall design and materials
shall be consistent with existing walls in the Old Poway area and
shall be to the satisfaction of the Director of Development Services,
g, Location of site lighting, Details of any new exterior lighting,
including fixture type and design, shall be submitted to the Planning
Division for review and approval. The lighting details shall also be
included on .the building plans, All new exterior lighting fixtures shall
be low-pressure sodium, and designed such that they reflect light
downward and away from streets and adjoining properties pursuant
to Poway Municipal Code Section 1710 150 H
2, A soils/geological report shall be prepared by an engineer licensed by the
State of California to perform such work, The report shall be submitted with
the grading plan,
3 A drainage study using the 100-year storm frequency criteria shall be
submitted with the grading plan, The drainage system shall be capable of
.1. . " .
handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands, Said
system shall include all easements required to properly handle the
drainage, Concentrated flows across driveways are not permitted,
4 The drainage design f()r the subject project shall demonstrate compliance
with the City's Standard Urban Storm Water Mitigation Plan (SUSMP)
Ordinance'dueto paving greater than 5,000 square feet
5. The ~torm Water Pollution Prevention Plan (SWPPP) shall be prepared,
TheSWPPP shall provide the erosion, sedimentation and pollution control
measures to be used during construction, The final design for compliance
may be modified from the preliminary plans following an analysis of the
affect of the groundwater table of the project site
. .
Resolution No P-07 -15
Page 8
6 The applicant shall pay all applicable engineering; plan checking, permit,
and inspection fees,
7. The applicant/developer shall pay the following fees and grading securities:
a, Grading Permit, plan checking, ins.pection, Right-of-Way Permit,. and
geotechni~1 review fees, The Grading Permit fee shall be paid at
first submittal of grading plans,
b Posting and/or payment of grading securities,
8 Paving of the parking 'ot shall conform to the. standards set forth in Section
12,20 080 of thePoway Municipal Code
9 The applicant/developer shall process a quitclaim of the existing sewer
easement located on the eastern limits of J\PNs314-193-41, 42, and 39
J, Prior to commencing gracfjng or construction of public improvements, the applicant
shall submit a request for and hold a pre-construction meeting with a City
Engineering Inspector. The applicant/developer shall be responsible that
necessary individuals, such as, but not limited to; contractors, subc6ntractors,
project civil engineer and project soils engineer must attend the pre-construction
meeting,
K. Prior to performing anywork in public street rights-of-way or City-held easements,
the applicant shall apply ,for and obtain a Right-of-Way Permit from the
Engjneering Division of the Development Services Department. The permit
application shall include the color and pattern of the stamped concrete for review
and approval.
L. Prior to construction of public improvements (Le", a street, driveway, water, or fire
hydrant improvement), the 'applicant shall complete the following:
1 Submit an improvement plan to the Engineering Division for review and
approval to address' the following:
a, The applicant shall modify the, site plan and improvement plans to
reflect the approved Old P6wE!y Park Master Plan update presently
in process and the uitimateriglit-of-way as determined for Midland
Road,
b Aubrey Street (Ogle Way) easterly extension street improvements,
Improvements shall include, but are not limited to, construction of
sidewalk (or boardwalk) and street Iight/s (to comply with the Old
Poway Specific Plan), The applicant/developer shall cause the
. .
Resolution No P-07-15
Page 9
dedication of street right-of-way to the City prior to start of street
improvements, The Director of Development Services reserves the
right to change the right-of-way requirement.
c, On-site public water system if a new water line is required for the
new on-site hydrants and/or additional hydranUs to comply with the
Old Poway Specific Plan along the development's public street
frontages of Midland Road and required Aubrey Street easterly
extension,
On-site potable water lines shall be constructed for fire hydranUs
installation as required by the City Fire Marshal. The size and
location of the water lines shall be that as established by a water
system analysis prepared by an engineering firm designated and
approved by the City The applicanUdeveloper shall pay to the City
the cost of preparing the analysis prior to submittal of improvement
plans, If no on-site fire hydranUs is/are required, but rather are
required along the development's public street frontages, the City
Fire Marshal reserves the right to also require a water system
analysis,
d, Undergrounding of utility poles on the property or along the street
frontages of the property to the satisfaction of the Director of
Development Services,
2, Improvements shall be constructed in accordance with City adopted
standards and specifications, the latest adopted edition of the Standard
Specifications for Public Works Construction and its corresponding San
Diego supplements, and the current San Diego Regional Standard
Drawings,
3, All new and existing electrical/communication/CATV utilities shall be
installed underground prior to installation of concrete curbs, gutters,
sidewalks, and surfacing of the streets, The applicanUdeveloper is
responsible for complying with the requirements of this condition, and shall
make the necessary arrangements with each of the serving utilities, The
locations and sizes of all utility boxes and vaults within street rights-of-way
and the City's general utility easement shall be shown on the improvement
plans, Screening of these boxes shall be to the satisfaction of the
Development Services Director
4 The applicanUdeveloper shall pay the following fees and post or pay
appropriate securities:
a, Improvement plan checking and inspection fees,
. .
Resolution No; P"07 -15
Page 10
b Performance and payment securities, These securities may be
waived by the City Engineer if a substantial amount of grading is
completed prior to installation of public improvements. and there is
sufficient amountot grading securities still held by the City to
complete the remainder of the grading works and public
improvements,
c, Right-of-Way. and/or Encroachment Permits, if required as hereupon
mentioned,
5, No private iinpfoliementsshall be placed or constructed within public street
rights-of-way or City easements unless anyone of the following.is satisfied.
a, An Encroachment Permit has been issued by the City for the
improvements; or
b An Encroachment Removal Agreement has been executed by the
developer/owner and subsequently approved by the City; or
c, Approval of grading or improvement plans, on which a Right-of,Way
Perin it has been issued for the private improvements shown to be
constructed,
The City reserves the ,right to choose any or all of the above, Linder certain
circumstances when City deems necessary
6 The applicant/developer shall cause the dedication of the following to the
City'
a, An easement, a minimum of 20,06 feet wide for each new public
water line not located within public streets, shall be dedicated to the
City
b. Eastern extension of Aubrey Street (0gle Way) street right-of-way
The applicant/developer shall dedicate the southerly half for a full
right-ot-way width ot 56,00 teet tcithe satisfaction of the Director of
, DeveloprnentServices,
c. Additional right-of-way for Midland Road as determined by the
Director of Development Services,
A processing fee shall be 'paid to the ,City at first submittal of easement
document for review ($1 ,000,00 per easement document),
. .
Resolution No P-07 -15
Page 11
Recordation of ihe :easements in the, office of the San Diego County
Recorder may be deferred, with the approval of the City Engineer, prior to
issuance of building occupancy
M, Theappiicant shall obtain a Building Permit prior to c;onstruction of the facility
Prior to issuance of a Building Permit, the applicant shall comply with the following:
1 The applicant shall comply with the latest adopted Uniform Building Code,
and all other applicable codes and ordinances in effect at the time of
Building Permit issuance, including, but not limited to, the 1997 UBC and
the CCR Title 24,
2, The applicant shall obtain necessary permits from San Diego County
EnvironmentalHealth Department.
3, The building plans shall be in accordance with the approved plans dated
February 23, 20b7, for CUP 03-01 M(2) and DR 03c03R(2), and on file in the
Development Services Department, along with the conditions contained
herein,
4 All entrances shall provide disabled person access to the satisfaction ()f the
Building Division,
5 Details of any new exterior lighting shall be included on the building plans,
includil)g fixture type and design, The lighting details shall be included on
the building plans, All new exterior lighting fixtures shall be low-pressure
sodium, and designedsuch that they reflect light downward and away from
streets and adjoining properties pursuant to Poway Municipal Code Section
17 10 150,H,
6, 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,
7 The building plans' shall' demonstrate that the address on the roof required
by the Safety Services Departmentwill not be visible from the street level to
the greatest extent possible 10 the satisfaction of the Director of
Development Services.
8 Completion of a property merger and a. boundary adjustment to attain the
development's desired area (as' depicted in ihe site and conceptual grading
plan dated February 23, 2007, prepared by Bill Yen & Associates, Inc,),
Processing fees shall be paid to the City at time of submittals of the
. .
Resolution No P-07-15
Page 12
proP~rtY .rnergerahd boundary adju~tment applications, Contact the City's
Engineering Division for submittal requirements,
9 Rough grading of the lot is to be completed and meet the approval of the
CityEngineering Inspector and shall include submittal of the following:
a, City approval of soils compaction report,
b, City approval of a certification of line and grade The certification
shall be prepared by the project's civil engineer or City-approved
designee,
10 The following development fees shall be paid to the Engineering Division,
The following fee amount is currently in effect and is subject to change,
The applicant shall pay the amount in effect at the time of Building Permit
issuance,
Water base capaCity fee (Resolution No, 91-123)
For y,j" meter = $ 3,710,00 per meter
For 1" meter = $ 6,678,00 per meter
For 1;;''' metw = $10,388,00 per meter
Other meter sizes = Contact Engineering Division
Water meter fee (Resolution No 91-123)
For y,j" meter = $ 130,00 per meter
For 1" meter = $ 270,00 per meter
For 1.;1," meter = $ 600 00 per meter
Other meter sizes = Contact Engineering Division
SDCWA capacity charge (applicable to potable water only) - To be paid by
separate check, payable to San Diego County Water Authority but remitted
through the City of Poway
For y,j" meter = $ 4,326,00 per meter
For 1 " meter = $ 6,922,00 per meter
For 1;1," meter = $12,978 09 per meter
Other meter sizes = Contact Engineering Division
SDCWA Treatment Capacity - To be paid by separate check, payable to
San Diego County Water Authoritybutremitted through the City of Poway
For y,j" meter = $ 166,OO,per meter
For 1" meter = $ 266,00 per meter
For 1;1," meter = $ 498,do per meter
Other meter sizes = Contact Engineering Division
. .
Resolution No, P-07 -15
Page 13
Sewer connection fee = $8,010 40 (see note and calculation below)
Note The sewer connection fee was calculated using the building area of
6,872 square feet. If the building area changes (to be provided to the
Engineering Division prior to Building Permit issuance), the amount will be
adjusted accordingly
6,872SF/2,000 = 3.4 EDU
34 x $2,356,00 = $8,010 40
Sewer c1eanoutfee = $50 00 per c1eanout
Sewer c1eanout inspection fee = $25 00 per c1eanout
Traffic mitigation fee = $10,025.24 (see calculation below)
6,872SF/1000 x 90.x $66 00 x 0,25 = $10,204:92
Drainage fee = To be determined after merger and/or
boundary adjustment is completed or if final property area is determined,
but no later than issuance of Building Permit.
The total drainage fee = Property area in acres x $1,570
Park fee = None
11 The owners shall sign and execute a reciprocal access and parking
agreement with the adjoining southerly property located at the northeast
corner of Midland Road and Adrian Street. The form and content of the
agreement shall be to the satisfaction of the Director of Development
Services and the City Attorney
12, The exterior colors and materials shall be consistent with the Old Poway
Specific Plan to the satisfaction of the Director of Development Services,
including, but not limited to, simulated divided light windows. A materials
sample board shall be submitted to the Planning Division for review and
approval.
13, The applicant shall obtain permits from the San Diego County
Environmental Health Hazardous Materials Division for the handling and
transportation of medical waste,
14 Complete landscape construction documents for new landscaping shall be
submitted to and approved by the Planriing Division, A landscape plan
check fee in the form of a deposit is required upon submittal of the plans,
Plans shall be prepared in accordance with the City of Poway Guide to
. .
Resolution No P-07 -15
Page 14
Landscape Requirements (latest edition) and shall also incorporate the
following to the satisfaction of the Director of Development Services:
a, Sight distance to the satisfaction of the City's Traffic Engineer
b, Location and detail of parking lot lighting,
c, Striping required for parking lot
d, Provide 2 additional trees along Aubrey Street
e, Add trees on the east and south side of the building to satisfy parking
lot tree requirements,
f Landscaping within the 5-foot-wide planter along the east property
line shall be dense to discourage people from entering the planter
area, The trees will provide screening of the proposed development
without overshadowing the neighbors' yard,
g, Detail of fencing consistent with the architecture of the main building,
h, Details of trash enclosure to include solid gates, and consistent with
the architecture and materials of the main structure to the
satisfaction of the Director of Development Services, The trash
enclosure shall not exceed 6 feet in height.
15 Signs must comply with Old Poway Specific Plan standards and are subject
to a separate Sign Permit prior to fabrication and installation,
N, Prior to obtaining a final inspection on the Building Permit from appropriate City
departments, and/or release of performance and payment securities, the applicant
shall comply with the following:
1 The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the conditions contained herein.
2, Landscaping, irrigation, paving, and striping shall be installed in accordance
with the approved plans,
3 The following shall be completed to the satisfaction of the Engineering
Division:
a, Completion of public improvements,
b, City approval of record drawings of the grading and improvement
plans,
. .
Resolution No P-07 -15
Page 15
c, Dedication of easements to the City for new public water lines (if
any) and Aubrey Street (Ogle Way) easterly extension,
d, Posting of a warranty bond for the constructed public improvements,
The Director of Development Services and/or the City Engineer may
waive the requirement of posting the warranty bond
4 Grading securities shall be released only upon completion of the project
and upon City approval of the record drawings of the grading plans,
5 Performance securities for public improvements, if posted and separate
from the grading securities, shall only be reduced twice before completion
of improvenients,
6, Payment secl:lri,ties and remaining performance securities, if any, shall be
released no sooner than 90 days after City's acceptance of improvements,
posting of warrarity security, and approval of record drawings,
0 The applicant shall comply with the following requirements to the satisfaction of
the Director of Safety Services:
1 Roof covering shall be fire retardant as per UBC Sections 1503 and 1504,
UBC Standard 1'5-2, and City of Poway Ordinance No 64 and its amended
Ordinance No, 526
2, The building shall display its numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches on
the front facade of the bUilding, Building address shall also be displayed on
the roof in a manner satisfactory to the Director of Safety Services and the
Director of Development Services, and meeting Sheriffs Dept. -ASTREA
criteria,
3, Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of
not less than 20 feet of unobstructed width, with adequate 'roadway turning
radius 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 Ctlief, pursuant to the City of Poway
Municipal Code, shall approve the road surface type,
4 The building will be required to install an approved fire sprinkler system
meeting P,M,C. requirements, The entire system is to be monitored by a
central monitoring company Double detector check valve assembly and
. .
Resolution No P-07 -15
Page 16
system postindicatorvalve(s) with tamper switches shall also be monitored,
The City Fire Marshal, prior to installation, shall locate these fire protection
devices,
5, A properly licensed contractor shall install an automatic fire alarm system to
approved standards, System shall be completely monitored bya U,L. listed
central station alarm company or proprietary remote station,
6 A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A breakaway padlock shall be
required for the fire sprinkler system Post Indicator Valve.
7 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,
8 Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings,
9 Minimum 3A:40BC fire extinguisher required for every 3,000 square feet
and 75' travel distance,
10 If medical gases will be used in this building, they shall be installed to meet
requirements of Uniform Fire Code Article 74 - Compressed Gases,
11 The addition of on-site fire hydrants is required, The City Fire Marshal shall
determine the location of the hydrants,
12, Material Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in each building,
13 An Emergency Contingency Plan and Hazardous Materials Disclosure shall
be filed with the County of San Diego Department of Health and copies
provided to the Fire Department.
14 Prior to delivery of combustible building materials on-site, water and sewer
systems shall satisfactorily pass all required tests, and be connected to the
public Water and sewer systems, In addition, the first lift of asphalt paving
shall be in place to provide adequate, permanent access for emergency
vehicles, The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction of
the City
15 N,F,PA Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building,
. .
Resolution No, P-07-15
Page 17
16 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 standpipe or attached additional risers,
accessible by a 3'-0" man door
17, A water analysis shall be required to determine fire flow for fire protection
purposes,
P. Upon establishment of the animal clinic facility, pursuant to CUP 03"01 M(2) and
DR 03-03R(2), the following shall apply'
1 All facilities and related equipment shall be maintained in good repair. Any
damage from any cause shall be repaired as soon as reasonably possible
so as to minimize occurrences of dangerous conditions or visual blight
2, All lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any adjoining
residential development
3 The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit
4 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 Guide
to Landscape Requirements, The trees shall be encouraged and allowed to
retain a natural form. Pruning should be restricted to maintain the health of
the trees and to protect the public safety Trees should be trimmed or
pruned as needed to develop strong and healthy trunk and branch systems.
Tree maintenance and pruning shall be in accordance with "American
National Standard for Tree Care Operations" latest edition (ANSI A300),
Trees shall not be topped and pruning shall not remove more than 25% of
the trees' leaf surface,
5 The parking areas and driveways shall be well maintained.
6 Any signs proposed for this developmentshall be designed and approved in
conformance with the Poway Municipal Code and require the approval ofa
separate Sign Permit
7 Collection of trash shall be conducted between 7:00 a:m, and 6:00 p,m,
Monday through Saturday to minimize disturbance to adjacent residential
development
. .
Resolution No P-07 -15
Page 18
8, Boarding of animals that are not in need for medical treatment is permitted
as a use accessory to the veterinary hospital. All boarding shall occur
within the enclosed building,
Q, The,conditions of this CUP shall remain in effect for the life of the subject animal
clinic and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of the current property owner
Section 6, Resolution P-04-02 approving CUP 03-01 and DR 03-03 and Resolution
P-05-78 approving CUP 03-01 M and DR 03-03R are hereby rescinded,
Section 7, The approval of CUP 03-01 M(2) and DR 03~03R(2) shall expire,on 3rd day
of April, 2009, at 5:00 p,m, unless, prior to that time, a Building Permit has been issued
and construction on the property in reliance on the CUP approval has commenced prior
to its expiration,
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 3rd day'of April 2007
--
ATTEST
L~~C~
\ , >-,)
. . .
,
Resolution No, P-07 -15
Page 19
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No, P~07-15, was duly adopted by the
City Council at a meeting of said City Council held on the 3rd day of April 2007, and that
it was so adopted by the following vote,
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE
~"~~
City of Poway