Covenant Regarding Real Property 2006-0330228
" -;.,. ,,- . '
\ DOC # 2006-0330228
RECORDING REQUEST BY: ' 111111111111111111111111111111111111111111 ""'l1li1111111111111" 1111
CITY OF POWAY )
. .' . , .. .) MAY 10. 2006 1142 AM
WHEN RECORDED MAIL TO: )
) UFFWloL RELOFI[""
CITY CLERK) iON ['1EI,O COUIH, FIECOFI['EFI"" OFFICE
CITY OF POWAY) GFIEbOR, ! '-;l,IITH COUIH', REC[lR['EF:
FE E '-, F8 IJD
P 0 BOX 789) : ~ . '
. P~GE' ~
POWAY CA 92074-0789 )
(Jh () 88 8 5 : i 1111111111111111111111111111111111111111111111111111111111111 11111 IIlli 11111111
\1;\ \! 2006-033022~
\ U APN 323-203-20
COVENANT REGARDING REAL PROPERTY
BSM Rrogerties, LLC, a California Limited Liability Company, PROPERTY OWNER
eOWNER" hereinafter) is the owner of real property described in Exhibit A which is
attached- hereto and made apart hereof and which is commonly known as Assessor's
Parcel Nl:lmber 323-203-20 ,("PROPERTY" hereinafter) In consideration of the
approval of Minor Conditional Use Permit (MCUP) 05c04, Development Review (DR)
05-09 and Variance (VAR) 05"15, by the City of Poway ("CITY" hereinafter), OWNER
hereby agrees to abide by conditions of the attached resolution (Exhibit B) ,
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, sUccessors, heirs, personal
representatives, transferees and assigns of the respective parties
In the event that MCUP 05-04, DR 05-09 and VAR 05-15 expires or is rescinded
by City' Council at the request of the OWNER, CITY shall expunge this Covenant from
the Jecord title of the PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing
party shall be .entitled to full. reimbursement of all costs, including reasonable attorneys'
fees, from the other party
OWNER
Dated: r/c?~ By' . ~
Mark DeTFa.' . b kop (Notarize)
CITY OF POWAY
Dated q~100 By' d~~ -
. Niall Fritz, Director 0 Develop ent Services
C';0-cWtJ
. . 8886
CALIFORNIA AlL.PURPOSE ACKNOWLEDGMENT
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State of California } ss.
Cou nty of ,<)c,,,,, ~le~1
on~, before me, 5./(. (3ro tune II
Dale Name arid Title of Officer (e.g., Jane Doe, Notary Public")
personally appeared MM./; Jlo,^ r,j J )b,,!fo YJ
, .
Name{slof igner(~
o personally known to me
fbroved to me on the basis of satisfactory evidence
o be the person~whose nam~~re subscribed
)----. -------- to the within instrument and aCknOWledgi me that
~ @ S K BROWNELL ( @she/they executed the same in . er/their
<( COMM. #1523898 III
~ Q. Nor.o,RY PUBUC-CALlFORNIA ~ authorized capaci~and that by 'her/their
SAN DIEGO COUNl ',' ...... signatureW-on the instrument the person(Sj, or the
.~ ' wy CommEKr,Jlle'i November i 2008 (
~...,-~~- ~-~~-'- entity upon behalf of which the personN acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above 5 -l. ~
-
Signatureol 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 Attached Document po &r.~ JA}- ()oQ.l oorl"'f.1.vJr
Title or Type of Document: ('"" oVe.,,~ V.r
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Document Date: -.Apb.J dt, i)!JJ 11 (, Number of Pages: I'ir'fh
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's N?me: Signer's Name:
.:5 Individual o Individual
Corporate Officer - Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General o Partner - tJ Limited 0 General
o Attorney in Fact . o Attorney in Fact .
Top of thumb here Top cf thumb here
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other. o Other.
Signer Is Representing: Signer Is Representing:
~~~~~~",%~~~~~~~'(Z(,.~~'g.;.~~~"QV'9<,..~
@2004.National Notary Association. 9350 De Solo Ave., P.O. Box 2402' Chatsworth,::::A 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876"6827
. .
8887
EXHIBIT A
LEGAL DESCRIPl'lON
THE SOUTHERLY 250 FEET 'OF THE EAST 50 RODS OF LOT 2 IN SECTION 18,
TOWf\JSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO" STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, EXCEPTING THE EASTERLY 330
FEET THEREOF
RESERVING THEREFROM AN EASEMENT AND RIGHT OF WAY.FOR ROAD AND
PUBLIC UTILITY PURPOSES OVER AND ACROSS THE EASTERLY 40 FEET OF
SAID LAND
,
,
,
. .
EXHIBIT B 8888
REsoLuTION NO P-06c17
ARESOLUJION OF THE CITY COUNCIL
OF T~E CITY OF POWAY, CALIFORNIA,
APPROVING MINOR CONDITIONAL USE PERMIT05c04;
VARIANCE 05-15, AND
DEVEL:OPMENT REVIEVV05,"0!1
ASSE;;SQR'S PARCEL NUMBER 323~203-20
WHEREAS, a request .for a Minor Conditional Use Permit (MCLJP 05-04),
Variance (VAR 05-15), and Development Review (DR'05-11) were submitted by Mark
Abelkop of Poway Auto Group' for approval to construct a 23,450"square-foot auto
dealership with a 10-bayservice department and to allow the parking lot to observe a
15"foot front yard setback, where a 20-foot front yard setback is required and to allow
the' building to observe a O-foot setback along the rear/north property line, where a
2!)-foof setback is required Ihe subject property is located at 13910 Poway Road,
within the Automotive/General 'Commercial zone and the Poway Road Specific Plan
area, and
WHEREAS, the City CourJcil has read and considered the Agenda Report for the
proposed project and has considerea other evidence presented at the public hearing;
and
WHEREAS, on April 4,2006, the City Council held a public hearing on the
above-referenced item.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: An Environr:nental Initial Study was completed on the project. It was
determined that the establishmerJtofthe proposed uses of the property will. not have a
significaht ,adverse; impact on"the environment, since potential impacts are less than a
level of significance by the recommended Conditions of .Approval The City Council
hereby approves'the Negative Declaration
Secfion2: The findings, in accordance with Section 17 48 070 of. the Poway
MuniCipal€ode, for MCUP05-04, to allow a(l auto' service use to be established on the
property located at 13910 Poway Road, are as follows,.
A. The proposed auto .service use is consistent with the title and purpose of Section
. . . . .
17 48 070 of the Poway Municipal Code, the purpose of the zone in which the
site is located, the City General Plan, and the development policies and
standards of the City in that auto service uses are permitted in the AlGC zone
with theapprovalofan MCUP
. . ,8889
Resolution No P-06-17
Page 2
B. The location, size, design and operating characteristics of the use will be
compatible withancj Will not adversely affect or be materially detrimental to
adjacent uses ih thafredevelopment of the site,will result in 8-foot-high masonry
walls being constructed along the property lines shared with adjacElnt residential
development. The"walL will buffer the use and allow it to be compatible with, and
not adversely affect or be materially detrimental to, adjacent uses, residents,
buildings and structures,
C The harmony in scale, bulk, coverage and density of the proposed auto service
use will be consistent with adjacent uses because the site will be developed with
facilities and buildihgs that have been designed to be compatible with
surrounding structures.
D The proposed auto service use will not affect existing public facilities, services
and utilities at the site.
E. The proposed .auto service use will not have a harmful effect upon desirable
neighborhood characteristics because a buffer wall"and restrictions on noise and
light have been designed into the project.
F l'he proposed auto service use will not affectthe capacity and physical character
of surrounding street's and the project is consistent with the circulation element of
the General Plan in that access to the site will be from Poway Road and the
capacity of Poway Road is adequate to handle any traffic generated by the use
G The site is suitable f()(the type and intensity of use, inthat auto service uses are
encouraged in the Automotive/General Commercial zone, and the size and
scope of the facility conforms to development standards.
H There will not be significant harmful effects upon environmentai quality and
natural resources, in that the site has been previously graded and developed,
and contains no native vegetation.
I There are no other relevant negative impacts of the development that cannot be
mitigated.
J The,proposed aUt6service use will not be detrimental to the public health, safety
. . _w - .
6~ Welfare, or materially injurious to properties or improvements in the vicinity,
nor be contrary to the adopted General Plan.
K. The'proposed aulo'service use will comply with each of the applicable provisions
of Title .17ofthe..Poway Municipal Code.
Section:3. The -findings. in accordance with Section 1750050 of the Poway
Municipal Code, to approve Variance 05-19, to allow the parking lot of the dealership to
· · 8890
R~solution No. P-06-17
Page 3
observe a 15-foot f~oiit Y1:!r.cJ setback, where a 20-foot front yard setback is required,
and to allow the building'tb"observe a O"foot setback aiong the rear/north property line,
where a' 25-footsetback is required, for the proposed auto dealership and service
.departmeni at 13910 Poway Road, within the Automotive/General Commercial zone
and'the Poway Road SpecifbPlan area, are made as folloWs:
A. That there are spe~i~1 s;ircumstances applicable to the property and because .of
this the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed .by other properties in the vicinity with the identical zoning
classification, The special circumstances include the fact that lot depth of the
subject property is less tt]an most other full service dealerships in me area. The
lot shape is also unusu~1 for a commerdal deveiopment in that the width is over
twicett]e lot depth, aTld,
B, Granting the Variance is necessary for the preservation and enjoyment of a
substantial property :right enjoyed by other prop~rtyowners in the same vicinity
and not afforded to the property for which the Variance is sought because a
majority of dealerships have 3 rows of invent6ry display and required parking
between the street.andtt]e,sales building; and,
,
C Granting the Variance would not be materially detrimental. to the public he1:!lth,
safety, or welfare in the vicinity in that the landscaped area between therear:of
the sidewalk and the parking lot will be 20 feet Wide when the 15-foot seiback
and 5 feet of right~of-waY are combined and in thatthe elevation of the building
facing the residentially zoned property to the north will incorporate colors that are
consistent with the color palette of the surroljnding residential development; and,
D That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties' in the vicinity and zone in
that the' commercial property located to the west also maintains a 15-foot front
yard setback and that a ,25-foot-wide driveway Will be provided immediately to
the north of the zer6-'lot-fine building. The 25~foot di-iveway on the adjacent
property will provide a 2'5-foot separation between the proposed building and any
development on the property immediately to the north; and,
E. Granting t1:W VarialJce would not allow a use or activity not otherwise ,expressly
aUJ/;16ri.zeq by the A/GC .zone because: an ,aljtomotive dealership is allowed by
right and a repair facility is permitted with,approval ofa MCUP; and
F That the proposed Variance will be compatible with, the City:s General Plan
because,theuse is permitted and does not resultjn a density increase.
Section 4' Th_e tiiicJings, in accordance with Section 17 52 of the Poway rvlunicipal
Code, for'DR05"09are made as follows
. . 8 8-91
Resolution No P-06-17
Page 4
A. The projectis corisist~n~Wi1:h the Poway General Pian and has been designed to
comply with commercial development standards, except for the front and rear
yard setbacks, for'which aVariance is being sought.
B. The project will. not have, an adverse healt.~, s}lfety, or aesthetic impact upon
adjoining properties.in tj1at the project's infrastructure improvements, grading,
and buildings are in compliance with all City development standards.
C That the project is in compliance with the Zonin,g and G.radir:lg Ordinances in that
the project complies with all. City development standards, with the exception of
the front and rear setbacks, for which a Varianceappr6val can be supported.
D That the development encourages the orderly and harmonious appearance of
structures and property within the City as the proposed structure is consistent
with and complementary to nearby auto dealersnip properties.
Section 5 The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows:
A. The. design and improvements of the proposed development are consi~tent with
all elements of the Poway General Plan, as well as City Ordinances, be9ause all
necessary services and' facilities will be available to serve this project. The
payment of fees toward' public improvements is needed as a result of the
propose9 development to protect the public health, safety, and welfare as
identified below'
1 The project requires payment of water, sewer, drainage; and traffic
mitigation fees, which are assessed on cl: pro"rata basis to finance and
provide public infrastructure improvements to promote a safe and healthy
environment for the re?idents ofthe City
2. The project requires the construction of water and sewer main, installation
of fire hydrants and streetlights, and construction of sidewalk; curb and
gutter and
Section'6 The City Council hereby approves MCUP 05-04, DR 05-09 and Variance
05-15; a request to construct a 23,450-square-foot auto dealership with a 10-bay
ser\lice department at 1391'0 Poway Road and a requgsJ for a Varianye to allow the
parking lotto observe a 15cfootfront yard setbC!<:!S i3ng Ih.e building to observe a O-foot
building 's,etback along the rear/north proRerty line' The property is zoned
Automotive/(3enerClI C9rnmEJrcial, in the Poway Road Specific Plan area, The approval
isoas.ecj on p!~}ls.submittedon December 19, 2005, land February 1, 2006, and is
subject to,thefollowing conditions:
. . 88,92
Resolution No P~06-17
Page 5
(Planning)
A. Approval of this Minor Conditional Use PEJrmit, Variance; and Development
Review shall apply only to the subject project and shall, not waive compliance
with all other Sectibnso,f the Zoning Ordinance and all other applicable City
Qrdinances in effect at'the time of Building Permit issuance,
B Within 30 days of the date of this approval: (1) theapplicaritshall submit in
writing that all Conditions of Approval have beEJfi reCj9 arid llnderstood; arid, (2)
the property owners shall execute a CovenantRe'garding Real Property
C The use conditionaliy-,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.
D The terms and conditions of Minor Conditional Use Permit 05-04, Development
.,- _" ;~,. .' 'l
Review 05-09 and Variance 05-15 shall be binding upon. the permittee and all
persons, firms ana ,corporations having an interest in the property subject to
these permits and the heirs; executors, administrators, successors and assigns
of each of them, including municipal corporations, public agencies and districts.
E. Minor Conditional Use Permit 05-04 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 that may have occurred during
the past year
F Any' changes increasing the intensity of use of thj:! operation beyond what is
being approved shall be considered as a major revision to the Minor Conditional
Use Permit and shall require City Council to approve the request.
G The applicant shall complete all the public improvements as required by the
Construction and Reimbursement Agreement entered into between BSM
Properties, LLC and the City of Powayon,June 23; 2005
H PriortoGrading Permit issuance, the applicant shall complete the following:
(Engineering)
1 Agradingp/anfor the development ofthe lot; p,repared on <3 City of Poway
standard mylC!rsheet at ascal.e.of1"'= 20', shall be submitted, along'with
a Gr~ding Pi;irmit application and theiapplicable'fees, to the Development
Services Department-Engineering Division for review and approval. A
grading plan submittal checklist is available at the Engineering Division
front counter As a minimum, the grading plan shall show the following:
a. Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from open space 'areas and property lines. Any
. . 8893
Resolution No, P-06-17
Page 6
structure shall be located at least five feet from tops and toes of
slopes,unless waived by the Planning Division and/or Engineering
Division 'prior to issuance of the Grading Permit.
b Proposed driveway access in compliance with the specifications
provided in Section 17 08 170D of the Poway Municipal Code,
including the, minimum structural section together with its elevations
and grades. The driveway approach shall comply with the
Regional Standard Drawings.
c. A separate erosion prevention and sediment control plan for
construction activities. This plan shall provide for an on-site, de-
silting basin with a volume based on 3,600 cubic feet per tributary
acre drained
d. Locati6nsof all utility improvements (existing and new),together
with their easements. No encroachments are permitted upon any
easement.
e. All new sloges shall have a maximum 2 to 1 ratio (horizontal to
vertical).
f Paving of the parking lot shall conform to the standards set forth in
Section 12.20080 of the Poway Municipal Code.
g. Show the easement listed as Item B9 in the Title Report prepared
by Chicago Title Company, Order No. 53030668
h. Two new streetlights along Poway Road.
2. A drainage study using the 100-year storm frequency criteria shall be
submitted with'the grading plan. The drainage system shall be capable of
handling and the disposing of all surface water within the project site and
all surface water flowing onto the projecLsite from adjacent lands. Said
sys~eJbshall include all easements required to properly handle the
drainage. Large,concentrated flows over the driveway, and into the street
shall be avoided
3. A soils/geological report shall be prepared by an engineer licensed by the
State. of Calif{irnia to perform such work, and shall be submitted with the
grading plan.
4 The easement shown on the plans stated as Note 4 in the Easement
Notes on the site plan received February 1, 2006, is in conflict with the
building footprint (the building footprint is, on top of the east end of the
. . 8894
Resolution No, P-06-17
Page 7
easem~nt), This conflict shall be resolved to the satisfaction of the City
Engineer
5 This project is subject to the Standard Urban Stormwater Mitigation Plan
(SUSMP) for construction and post-construction. The grading plans shall
include the provision of post-constructionSUSMP devices, as approved
by the City Engineer, as well as post construction maintenance .of SUSMP
devices,
6 The project owner,shall.file with the State Regional Water Quality Control
Board a Notice of. Intent (NOI) .for coverage under the Statewide General
Permit, which covers storm water discharges. Proof of filing of the NOI
and an assigned Waste Discharge Identification Number shall be
submitted to th~ Development Services DElpartment"Engineering Division
prior to i,ss'uance of the Grading Permit. Applications for the Notice of
Intent may be,obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 46?c2952
7 The applicant .shall prepare a Storm Water Pollution Prevention Plan
(SWPPP) that effectively addresses the ,elimination of non-storm runoff
into the storm drain system. The SWPPP shall include, but not be limited
to, an effective m.ethod of hillside erosion ~nd sediment control; a dec
silting basin with a capacity of 3,600 cubic feet of storage per acre
drained, or designed to remove fine silt' for a ten-year, six-hour storm
event; a material storage and handling site, measures to protect
construction material from being exposed to storm runoff; protection of all
storm drain inlets; on-site concrete truc;K wash and waste control; and
, . .
other means of Best Management Practices to effectively eliminate
pollutants from entering the storm drain system, including :a weather-
triggered action plan. The engineer shall certify the SWRPP prior to
,issuance of the Grading Permit.
8. The applicantshall pay all applicable engineering, plan checking, permit,
and. inspection fees.
9 Grading,securities in the form of a..performance bond and a cash deposit,
or a' :Ietter of credit shall be posted with the City prior to grading plan
approval. A minimum $5,000 cash security deposit is required,
. . 8895
Resolution No P-06-17
Page 8
10 Improvement plans for the public on-site water and sewer mains, fire
hydrants and streetlights, and sidewalk, curb and gutter along the Poway
Road fro[ltage,~s aepicted on the cohceptual.,site plan, shall be submitted
to the Engineering Division for review and approval The improvement
plans shall be prepared by a State Registered Civil Engineer The
applicant shall contact the Engineering Division for the amounts of the
plan check fees to be submitted with the imgrovement plans.
11 The property owner shall attend a pre-construction meeting, at which time
an Action Plan shall be presented that identifies measures to be
implemented. during construction to address erosion, sediment, and
pollutant control. Compliance for erosion control shall be provided using
one or more of the following guidelines:
a. Provide an on-site de-silting oasin with.a volume based on 3,600
cubic feet per tributary acre drained during any earthwork
operations.
b Cover all flat areas with approved mulch
c. Install an ear:then or gravel bag berm that retains 3 inches of water
over all flat areas prior to discharge, effectively creating a de-silting
basin from the pad.
12. Erosion control, including, but not Iimite_d to, de-silting basin(s), shall be
installed and maintained by the property owner throughout construction of
the project.
13. The site shall be developed in accordance with the approved site plans
and conditions of approval on file in the Development Services
Department and the conditions contained herein.
14 Prior ~o start of ariy work within City-held easements or rights-ofcway;. a
Rightcof Way Permit shall be obtained from the Engineering Division of
the Development Services Department. This includes construction activity
Qn Evanston Drive or on Poway Road, All appror:>riate fees shall be paid
prior tQ permit issuance.
15 ConstruCtion staking is to be installed ar;Jd inspected by the Engineering
:inspector prior to any clearing, grubbing, or grading.
(Planning)
16 All new and existing electrical/communication/CATV utilities, if any, shall
be installed underground prior to installation of concrete curbs,. gutters
and. sidewalks, and surfacing of the streets. The applicant/developer is
. . 8896
Resolution No P-06-17
Page 9
responsible for com.plying with the requirements of this condition, and
shall make the-necessary arrangements with each ofthe serving utilities.
17 The locations and sizes of all utility boxes and vaults within street rights-
of-way shall be-shown on the grading plans.
18 Submit landscape and irrigation plans to the Planning Division for review
and approval consistent with the City of Poway Guide to Landscape
Requirements~to the l?atisfaction of the Director of Development SerVices.
The landscape an'd irrigation plan shall identify plant species, sizes, and
automatic irrigation for all areas to be planted. A plan check review fee is
required at the time of initial submittal of the plans. Based on the
preliminary landscape plans sLibmittedon December 19, 2005, the plans
shall be revised to address the following~
a. A tree shall be planted within the parking lot for every 3 parking
spaces that are part of the required 77 parking spaces located out
side the building to the satisfaction of the Director of Development
Services. Trees shall be added to the row of required parking
adjacent to th~ west and south side of the building. A tree shall
also be added to the northeast corner of the building by the
screening wall.
b The landscape plans shall inQorporate the tree replacement
requirements of Tree Removal Permits 03-03 and 05-27, which
approv;ed the removal of all trees from the project site As such,
the street trees shall include a minimum of two 48-inch-box trees
The rem,aining street trees shall be 36"inch-box trees. The trees
within the parking lot and along the perimeter wall shall be no
smallerthan 24-inch-box.
c, For parking lot islands, a minimum 12_inch_wide walk adjacent to
parking stalls shall be provided and be separated from vehicular
areas .by a six-inch-high, six-inch-wide Portland concrete cement
curb
d. A minimum 8-foot-high dec9rativ~ .masonry wall shall be installed
along the [1orth arid east property lines. A minimum 5-foot-wide
raised landscape planter shall be constructed adjacent to the wall.
A dense evergreen landscaping. 'screen shall be provided in this
planter area.
. . 8,897
Resolution No P-06-17
Page 10
e. The Idcations of any new utility bci~esover 3 feet in height shall be
noted oh the plans, and 'screening shall be provided to the
satisfaction of the Director of Development Services.
19 All two-way traffic. aisles shall be a minimum. of 25 feet wide, A minimum
of 25-foot-wide em~rgency vehicle access shall be provided, maintained
free and clear at all times during construction, in accordance with Safety
Services Department requirements.
20 Based on the proposed building area being 14,511 square feet of the
gross floor area of the sales and parts department and 10 service bays, a
minimum of 7} parking spaces shall be provided The 10 spaces within
the service ba~'-s may'be counted toward the required 77 parking spaces.
21 All required parking spaces within the parking lot shall be double striped.
The minimum dimensions for required parking stalls shall be 8 5' x 18 5'
The parking .Iofdesign shall comply with the Americans with Disabilities
Act for acc~ssible spaces, with one van ;3ccessible space
22. Wheel stops:shall be provided for all parking spaces that front a walkway
less ,than 6 feel'irrwidth and any landscape planters.
23. Marked display stalls are permitted 'to encroach into the front yard setback
as shown on the project site plan dated 'February 1, 2006, on file in the
Planning Division.'
24 A photometric analysis shall be submitted for review and approval to
demonstrate thahhe; proposed lighting meets, the lighting standards of the
Poway Zoning'Code and that light is not projected past the property lines
and into the"street
25. The complet~ al?pli~ation shall be submitted to modify Minor Conditional
Use Permit 00-006M(2) for the existing dealership located at 13864
Poway Road, to' eliminate the parking lot on the east side of Evanston
Drive.
(PLit;>lic Works)
26 A blind flange shall be installed at each of the northerly limits of the water
main,as it enters the property located to the north.
27 The new water mains shall be ;constructed with 3 valves at its connection
with the existing mains within Poway Road and Evanston Drive,
28, Ahy pull box found-within Evanston Drive near the driveway area shall be
removed
. . 8898
Resolution No P-06-17
Page 11
'1 Prior to the issuance of a Building Permit, the applicant shall comply with the
following.
1 The siteshalLbe developed in accordance with the approved site plans on
file in the DeyelopmentServices Department:and the conditions contained
herein. The applicant shall comply with the latest adopted Uniform
Building Code, National Electric Code, aodall other applicable codes and
ordinances in effect at the time of Electrical/Building Permit issuance.
2. The locations of any l1ew utility boxes over j feet in height' shall be noted
on the plan~, ;andsc~e~ning shall be, proviaed to the satisfaction of the
Director of DeVelopment Services.
3 School impact fees shall be paid at the rate established at the time of
Building Permit issuance, Please contaCt the Poway Unified School
Districtfor'additionalinformation at (858) 679-2570
4 The temporary utility poles located on-site or within adjacent rights-ofcway
shall be shoWn on the site plan. All utilities shall be placed unaerground
prior to occupancy
(Engineering)
5. Grading shall be in accordance with the Uniform Building Code, the City
Grading Ordinance, the approved grading plan, the approved soils report,
and grading practices acceptable to the City
6 Prior to delivery of combustible building niaterials, on-site water and sewer
systems shall satisfactorily pass all required'tests and be connected to the
public water and sewer'systems
7 Rough grading isto be completed and meet the approval of the City
inspector and sh'all include submittal of the following:
a. A certification of line and grade, for the lot, prepared by the
engineer of work.
b A final soil compaction report for review and apRroval by the City
8 The following development fees shall by paid to the City, unless other
[Jayee is indicated The fees and the corresponding amounts are as
follows and are subject to change without further notice. The amounts to
be paid shall be those in effect at time of payment:
,
.
. . 8899
Resolution No P-06-17
Page 12
Water: 1'inch 1 y., inch
Meter $ 270 $ 600
Expansion Fee $6,678 $10,388
Service Line $1,430 $ 1,430
SDCW A Capacity* $6;646 $12,461
SDCWA Water Treatment Capacity* $ 255 $ 478
*T 0 be paid by separate check, payable to the SDCW A.
Sewer connection fee = $26,26940
Based on (22,300SF -0- 2,000 SF/EDU)($2,356.00/EDU)= $26,26940
Sewer Line~Charge = $2,000 00
Sewer c1eanout'fee = $50 00 per clean out
Sewer clean out inspection fee = $25 00 per cleanout
Traffic Impact = $ 21,34100
Based on (22,300 SF x 58Trips/1 OOOSF x $66/Trip x 0.25)= $21,341 00
Drainage = $1,20000
9 The applicant shall submit to the City legal descriptions, plat maps, and
plan check fees lor public easements for the on-site public water mains,
sewer mains, fire hydrants and their appurtenances. The plan check fee
for each easement is $1,00000
10 Prior to start of any work within City,held easements or rights-of-way, a
Right-of Way Permit shall be obtained from the Engineering Division of
the DevelopmentServices Department. This includes construction activity
on Evanston Drive or on Poway Road. All appropriate fees shall be paid
prior to permit issuance.
(Planning)
11 The site pLan shall show and note all required parking. The site plan shall
clearly identify and distinguish between customer parking, employee
parking and display area. Based on the proposed building area being
14,511 square feet of the gross ,floor area of the sales and parts
department and 10 service bays, a minimum of 77 parking spaces shall
be proyided, The 10 service bCiY area parking stalls may be counted
toward the required 77 spaces.
12. All outdoor lighting shall be shielded or directed so that no light spillage
shall encroach into adjoining residential properties or onto Poway Road
. . 8:900
Resolution No. P-06-17
Page 13
and Evanston Drive. After 11'00 p,m, all lighting shall be low-pressure
sodium with the overall wattage kept to al1lininium in areas closest to the
residential ,neighbors. Automatic timers' shall be installed to insure
compliance i,yith the dark sky/low-pressure sodium requirement. The
maximum height of freestanding light posts shall not exceed 18 feet.
Parking lot lights located within the existing parking lot near Evanston
Drive shall be retrofitted with shields, to the satisfaction of the Director of
Development Services.
13 Any proposed security lighting shall utilize ,low-pressure sodium fixtures.
The fixtures shall be shielded with well-defined cut"off limits to confine
illumination tooncsite areas only
14 Exterior building materials and finishes shall reflect the approved
elevations on file With the City and the conditions of approval, and shall be
noted on the building plans to the satisfaction of the Director of
Development 'Service
15 The building plans shall include elevations and cross sections that show
all new roof-m()l!nted appurtenances, 'including, but not limited to, air
conditioning and vents, screened from view and sound buffered from
adjacent properties and streets, to the satisfaction of the Director of
Development 'Services.
16 Enclosures shall be constructed for ,trash and recycling receptacles as
required by current City and State regulatioris, Construction details shall
be shown on the building plans.
17 The proposed air compressor unit shall be installed within a noise
attenuating enclosure within the building.
18 Any signs proposed for this development shall be designed and approved
in conformapce with the Sign Ordinance under a separate Sign Permit.
There shallbeno wall signs permitted along the east building elevation.
J Prior to occupancy, the applicant shall comgly with the followihg fire safety
requirements to the satisfaCtion of the Fire Ma"rshal:
1 Roof-covering shall be fire retardant as per UBC Sections 1503 and 1504,
UBC Standard 15-2, 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
. . 8901
Resolution No P-06-17
Page 14
displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriff's Dept. - ASTREA criteria.
3 Every building hereafter constructed shall be accessible to Fire
Department,apparatus by way of access rQadways with all-weather driving
surface. of not less than 20 feet of unobstructed width, with adequate
roadway turni'"!9 radius capable of supporting the imposed loads of fire
apparatus having a minimum of 13'6" of vertical clearance. The 20-foot
access width is the minimum required for Fire Department emerqency
access. In most cases, City Engine~ring standards will be more
restricting. Th~ more restrictive standard shall apply The City Engineer,
pursuant to the City of Poway Municipal Code, shall approve the road
surface type.
4 Thebuildil1g will be required to install an approved fire sgrinkler system
meeting P.M.C requirements. The entire system is to be monitored by a
central monitoring company Double detector check valve assembly and
system post indicator valve(s) with tamper switches shall also be
monitored. These fire protection devices shall be located by the City Fire
Marshal prior to installation
5 An automatic fire 'alarm system shall be installed to approved standards
by a properly licensed contractor System shall be completely monitored
by a U,L. listed central station alarm company or proprietClry 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 Indfcator Valve
7 Fire Dep!:lrtment access for use of fire fighting equipment shall be
provided to the immediate job construction site atthe 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 3AAOBC fire extinguisher required for every 3,000 square feet
and 75' travel distance.
10 The addition of on-site fire hydrants is' required The location of the
hydrants shall be determined by the City Fire Marshal.
11 Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building.
. . 8902
Resolution No P-06-17
Page 15
12. An Emergency Contingency Plan and Hazardous Materials Disclosure
shall befiied with the County of San Diego Department of Health and
copies provided to the Fire Department
13. Prior to delivery of combustible building material 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, perma-nent access for emergency
vehicles. The final lift of asphalt shall not be installed until all other
construction activity has been substantia(ly completed to the satisfaction
of the City
14 N.F PA Standard 704, Hazardous Materials Labeling, shall be provided
as necessary throughout the building.
15. 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
16 Ensure pipe size for on-site hydrants will. meet fire flow requirements for
the City's housing project located to the north of-this development.
K, Prior to occupancy, oras otherwise noted, the following shall be complied with:
1 The site of the respective lot shall be developed 'in accordance with the
approved plans on file in the Development Services Department and the
conditionsc9nt1'li~ed herein. A final inspection from the appropriate City
Departments,willbe required
2. The applicant shall apply for and receive approval of a modification to
MCUP 00~006 to remove the display lot on the east side of Evanston
Drive trom the project area for'the existing dealership located at 13864
Poway Road
(Engineering)
3 Theon-site public water and sewe~ easements shall be recorded.
4 The apgljcant shall execute and record a maintenance agreement for
maintenance of the Best Management Practices devices as required by
theiStandard Urban StormwaterMitigation Plan (SUSMP) ordinance.
. . 8903
Resolution No pc06-17
Page 16
5 Driveways, drainage facilities, slope landscaping and protection
-. .;~,
measures, 'and utilities, shall be constructed, completed, and inspected by
the Engineering Inspector Driveway aprons shall be constructed in
accordance with San Diego County Regional Standard Drawing G-17,
Alley Aprons.
6 The applicant's~all repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City
Engineer
7 Record drawings; signed by the engineer of work, shall be submitted to
Development$e[Vices prior to a request of occupancy, per Section
16.52.130B of the Grading Ordinance. Record drawings shall be
submitted in a manner to allow the City adequate time for review and
approval prior to issuance of occupancy and release of grading securities.
(Planning)
8 All landscaping shall be planted pursuant to the Poway Guide to
Landscape Requirements and the approved landscape plans.
9 All parking spaces required for employee, customer, and service shall be
marked as such in the pavement.
10 All utilities shallbeplC!ced underground
L. Upon occupancy the applicant shall comply .with the'following conditions:
1 The use will. comply with the City's Vehicle Delivery Ordinance No 624
On-site loading and. unloading of an auto,mobile, car, or pick-up truck, from
a truck with the capacity to transport mqre than one such vehicle, is not
permitted uriless delivery complies with all of the foilowing:
a. No deliveries will occur on public streets or on the access to the
future housing site to the north (APNs323-203-18 and19).
b No delivery truck will enter residential areas
c. Delivery hours for vehicles are restricted to between 7 30 a.m. and
6'00 p,m. Monday through ,Saturday No deliveries are permitted
on Sundays and all deliveries shall occur on site
2. Delivery of part~ and supplies is not permitted on public streets or on the
access to the futyre housing site to the north (APNs323-203-18 and19).
Oncsite delivery hours for parts and supplies are restricted to Monday
. . 8904
Resolution No P-06-17
Page 17
through Friday, 7'00 a.m. to 7'00 p.m. and Saturday from 7'00 a.m. to
6'00 p.m.
-
3 No outdoor paging systems or telephone bells or similar devices shall be
permitted
4 Employees of 'the subject use and other business related vehicles,
including customers, shall not park on residential streets. Directional
signs shall be posted along Evanston and Poway Road to direct
customers to on-site customer parking spaces.
5 The service bays shall not be used by employees or any other person
after normal business hours to repair, wash, paint, or otherwise work on
any vehicle, truck, or motorcycle.
6 If cars are to be washed, the washing must be done within the service
,,>',-'
bays and the drainage waters directed iilto the sewer system.
7 To ensure cOrDpliance with the traffic, parking and noise mitigation
conditions,the business owner shall provide a summary of the
performance standards noted in this applic~ation permit to all managers,
employees, new employees, and business representatives that have the
potential to violate the noted conditions.
8 The Ql,vner or op~rator of the facility shall routinely and regularly inspect
the site to ensure' compliance with the standards set forth in this permit.
9 All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash a['ld debris. The trees shall be
encouraged and allowed to retain a natwal form, Pruning should be
restricted to mainti:jin the health of the trees and to protect the public
safety Unnatural or excessive pruning, including topping, is not
permitted
Section 7 The approval of'MCUP 05~04, VAR 05~15and DR 05-09 shall expire on
April 4,.2008. at 5:00p.m., unless, prior to thattime; a.Building~Penmit has been issued
and construction has commenced on the property.in reliance on the MCUP approval
prior to its expiration.
Section 8 Pursuant to Government Code Section 66020, the gO-day approval period
in which the. applicant'may protest the imposition of any fees, dedications, reservations,
or exactions imposed pursuantto this approval shall begin on April 4, 2006
.. , , . . vi
8905
Resolution No. P-06-17
Page 18
PASSED, ADOPTED AND APPROVED by the, City Council of the City of Poway,
State of California, at a regular meeting this 4th day of April 2006
ATTEST
~"~~~
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P"06-,17 was duly adopted by the City
Council at a meeting of said City Council held on the 4th day of April 2006, and that it
was so adopted by the 'following vote:
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE
~~
L. ianeShea, City lerk
City of Poway