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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transferees and assig ns ofthe respective parties, In the event that CUP 03-01 M(2) and DR 03-03R(2) expires, or is rescinded by, City Council ?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