Covenant Regarding Real Property 2005-0841314
"'I -- ~
,
., . D'.--::: # 20CJ!::;-Oi341 '::: 1 4
111111111 lilllll!! 11111 II!il 11111 1IIIIIIiii 1111111111111111111 illl
, :fi .'
,fECORDING REQUEST BY'
CITY OF POWAY "f '~EP)9 ')00::: 9'14.AtA
)~.'. :) . ......~ L v
WHEN RECORDEDMJiXL TO' ll~
Uf-TI'_i..".I_ F::I UF.:[I
CITY CLERK -,.:~,;.~ Lllf: 1.11: : ! iUr n I He.: 'IJF:L1t.H"_, :_:ri :U::
l 11nl!:~I_:~~:" ,I d..1lrH 11-IUfJf'1 f':['::'unC1i..:F-:
CiT)"OF POWAY l FCc' ~,r;; UI)
'p.,O BOX .789; ) r:'::"'_lE = :'11
POWAY CA92074.0789 )
) \!llliillilllllll!ililll\I!llli\llillllillll!iillliillmIIliilllilllliilllllll\
Ncj Tra.l]sferTax Due l
AR~. 323.270.44
COVENANT REGARDING REAL PROPERTY
14007.15 Poway Road, LLC, a D!llaware Limited Liability CO[11pany, PROPERTY OWNER ("OWNER"
hereinafter), is the owner of real property which is commonly known as Assessor's Parcel Number 323.270.44 and
more. fully described as:
LOT 1 OF WHITNEY:S VINEYA.RD UNIT NO 1, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA; ACCORDING TO THE MAP THEREOF NO 3973, FILED iN THE
OFFICE OF THE COUNTY -RECORDER OF SAN DIEGO COUNTY OCTOBER 1, 1958
("PRO PERTY" 'hereinafter).
In consideration of the approval of MCUP"05c01, by the City of poway ("CITY" hereinafter), OWNER hereby
" . -, - .' ., ~ .' .' -.-
agrees to abide by the conditions in the attached Resolution (Exhibit A)
This Covenant shall run with the lan.d :'lnsJ be binding upon and inure to the benefit of the future owners,
encumbrancers, successors. heirs, personal representatives transferees and assigns'of the respeclive parties.
In the event that'MCUP 05.01:e~p-ire.s,()r is rescinded by City Councilatthe request of the OWNER, CITY shall
expunge this Covenantfrom.the record titleof-the.PROPERTY
In the evElnt.of-litigation to enfo!ce th,e pr<?yisions of this Covenant, the prevailing party shall be entitled to full
reimbursement of'all costs. including' reasonable. attorneys' fees. from the:other party
OWNER: .14007.15 Poway Road, LLC
Dated c:rA6/t5 By -M!;'Se Limited Liability co:pantJ. r;
SSFT Holdihg~, LLC
A Delaware Limited liabllity,Company
Vincent G. Ferrer
'lts: Manag71::J/ ff ;/
By:
Its. j/fJ
Dona 1 L: Knox
CITYOF POVlfAY
Dated~ "1'.~ By '.J
M:\pla nn ing\05report\mcup\0501 skgmolorsports \covenant: doc
c6~lB~\
. .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~)i'Q~~~~~~~~~i";)('>~~...GC~.&"~~~~~.rit'~~..('X
State of California } ss.
County of S........ -u1 -c ~ ()
On q~f5'oS before me, M. r~ Qrc....{, ~c;..( ?<-JJ(~
Dale "tName and lllle of Officer (e 9 .J~ne Doe Notary PUbliC"?'
personally appeared V: __~., _~ 6, ~, ,r, , ___.l ~,... -, tel
Name(s) ofSlgner(sj
/.., U-^-or
~ersonally known to me
o proved to me on the basis of satisfactory evidence
------------1 to be the person~hose name~is/are subscribed
to the within instrument and acknowledged to me that
l" MVIlNA~ ~they executed the same in hii;,/Rerftheir
@ --.."""'.
~ ,.. Notav PublIC - CaIfomIa I authorized capacity~ and that by ~their
~ Sa1~Conyd signature~ on the instrument the persontsJ( or the
entity upon behalf of which the person~ acted,
_ _ _ ~~_~~z: executed the instrument.
WITNESS my hand and ofticial seal.
Place Notary Seal Above
Signature of Notary Public
OPTIO AL
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
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporale Officer - Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney in Fact o Attorney in Fact Top of thumb here
o Truslee o Trustee
o Guardian or Conservator D Guardian or Conservator
o Other' o Other'
Signer Is Representing' Signer Is Representing:
~~~~~~~~"g,.~~~~"'<g(..'G:(..~~~"QV^QV"Q<;.~"%'C<,,.~'Q(;.~,%~'Q{
C 2004 National Notary Association. 9350 De Solo Ave_, P.O. Box 2402. Chalsworth, CA 91313-2402 Item No 5907 Reorder: Call Toll-Free 1-800-876-6827
. .
EXHIBIT A
RESOLUTION NO P-05-52
A RE$OLlJ,TION OF THE CITY COUNCIL
OF THE CITY OF PO WAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 05-01,
DEVELOPMENT REVIEW 04-08 AND VARIANCE 05-04,
ASSESSOR'S PARCEL NUMBER 323-270-44
WHEREAS, Minor Conditional Use Permif (CUP) 05-01, Development Review
04-08 and Variance 05-04 were submitted by 14007-14015 Poway Road LLC,
Applicant, to redevelop the property located at 14007-14015 Poway Road with a new
4,286-sCJuare~foot commerCial building which will be used for vehicle sales and service,
and provide truck and sports vehicle customizing services. A Variance approval is also
requested to allow a portion of the proposed parking lot and an 8-foot-high buffer wall to
encroach into the required 20-foot.street side yard setback and the building to encroach
into the required 10-foot interior ,side yard setback, The property is Idcated within the
Automotive General Commercial'zone, and
WHEREAS, on August 16, 2005, 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, BE IT RESOLVED by the City Council of the City of Po way
as follows
Section 1 The City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program,
shown as Exhibit A of ihis Resolution, for MCUP 05-01 The subject EIS and MND
documentation are fully incorporated herein by this reference The City Council finds,
on the basis of the whole record before it, that there is no substantial evidence the
project will have a significant impaCt on the environment, that the mitigation measures
contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a
less than significant level, and that the MND reflects the independent judgment and
analysis of the City 'The City Council hereby approves the MND and the associated
Mitigation Monitoring Program attached to this Resolution as Exhibit A.
Section 2: The findings, in accordance with Section 17 48 070 of the Poway
Municip'al Code, for MCUP 05-01, to allow an auto service use to be established on the
property located at 14007-14015 Poway Road, areas follows.
A. The proposed auto service use is consistent with the title and purpose of Section
17 48 070 of tlie 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 AGC zone
with the approval of a MCUP
. '.
Resolution No P-05c52
Page 2
B The pioposed auto serVice use will not affect the location, size, design and
operating characteristics ill th"e area in that an auto service use is presently and
has' operated on the site for several years without receipt of compatibility
complaints. In addition, redevelopment of the site will result in 8-foot-high
masonry walls being constructed along the property lines shared with adjacent
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 buildings that have been designed to be compatible with
surrounding structures.
0 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 The proposed auto service use will not affect the capacity and physical character
of surrounding streets,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 for the type and intensity of the use, in that auto service uses
are encouraged in the Automotive General Commercial zone, and the size and
scope of the facility conforms with developmentstandards.
H. There will not be sign[ficant harmful effects upon environmental quality and
natural resources, in that the site has been previotJsly 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 auto service use will not affect the existing location, size, design
and operating characteristics of tne use aRd the conditions under which it would
be operated or maintained, will not be detrimental to the public health, safety or
welfare, ormateriCllly injurious to properties or improvements in the vicinity nor be
contrary 'to the adopted General Plan.
K. The proposed auto service use will comply with each of the applicable provisions
of Title 17 of the Poway Municipal Code.
. .
Resolution No P-05-52
Page 3
Section 3 The findings; in accordance with Section 1],50050 of the Poway
Municipal 'Code, to approve Variance 05-04 to allow a portionofthe proposed parking
lot and an 8400t-high buffer wafl to encroach into the required 20-foot street side yard
setback and the building to encroach into the required 10"f60t interior side yard setback
qn'the property located at 14007-14015 Poway Road, within the Automotive General
Commercial zone, are made as follows,
A, That'thereare special circumstances applicable to the property and because of
this the strict application of the zoning ordinance deprives the property of
privil~ges enjoyed by other properties in the viCinity The special circumstances
include the fact the subject parcel is long and narrow, is encumbered by a 20 foot
wide private access easement along the westerly prope~y line and has increased
setback,requirements because it is adjacent to a residential zone which limits the
amount of developable area of the site, and
B Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the prgpe'rty for which the Variance is sought because the
Variance will alloVlithe site to be developed to the same level that other
commercially zoned lots not encumbered with a private road easement would be
able to; and,
C Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vLcinity in that redevelopment of the site will improve
access to Sudan Road, a private street; and,
0 That the granting of this Variance does not coristitute a special privilege that is
inconsistent with. the limitation upon other properties in the vicinity and zone in
that a similar Variance (VAR01-11) was approved for Poway Mitsubishi in
August 2001 to allow redevelopment of an existing developed commercial
property; and,
E Granting the Variance will not allow. a use or activity not otherwise expressly
authorized by the Automotive General Commercial zone because auto related
uses are permitted in this zone, and
F That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase,
Section 4 The firidings, in accordance with Section 17 52 of the Poway Municipal
Code, for DR04-08 are made as'follows:
A. The project is consistent with the Poway General Plan and has been designed to
comply with commercial development standards except for the side yard
setbacks, for which a Variance is being sought.
. .
Resolution No P-05-52
Page 4
B The project will not have an adverse health, ~afety, or aesthetic impact upon
adjoiriing properties in that 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 Zoning and Grading Ordinances in that
the project complies with all City development standards, with the exception of
the side yard setback, forwhich a Variance approval is being sought.
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 dealership properties.
Sectior:l.5' The City Council hereby approves Minor Conditional Use Permit 05-01,
- DR 04-08 and Variance 05"04'to redevelop the propertylocalE'!dat 14007-14015 Poway
Road with a new 4,286-square-foot commercial building which will be used for vehicle
sales and service, and provide 'truck and sports ,vehicle customizing services, A
Variance approval to allow a portion of the proposed parking lot and an 8-foot-high
buffer wall to encroach into the required 20-foot street side yard setback and the
building to encroach into the required 10-foot interior side yard setback is also approved
subject to the following conditions:
A. Approval of this Minor Conditional Use Permit .request shall apply only to the
subject project and shall not waive compliance with all 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 d?lte of this approval: (1.) the applicant shall submit in
writing that all conditions of approval have been read and 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.
D The terms and conditions of Minor Conditional Use Permit 05-01, Development
Review 04-08 and Variance 05-04 shall be binding upon the permittee and all
persons, firms and corporations having an interest in the property subject to
these permits and the heirs, executors, administrators, successors and assigns
of each, oft hem, including muniCipal corporations, public agencies and,.districts,
E. Minor Conditional Use Permit 05-01 shall b,e 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
. .
Res.olution No P-05-52
Page 5
F Any cha'nges increasing the intensity of use of the operation beyond what is
being ,approved shall be G.<Jns!dered as a major revisian to the Minor Conditianal
Use Permit and shall require City Cauncil to approve the request.
G Prior to Grading Permihssuance, the applicant shall complete the following:
1 Submit to the City for review and approval precise grading plans, erosion
control plan, starmwater pollution prevention plan, Grading Permit
application and geatechnical reportls to the Development Services
Department.
2. Grading .of the praject shall be in substantial conformance with the
approved development plan and in accordance with the Uniform Building
Code, City Grading Ordinance, City Storm Water Management and
Discharge Control Ordinance, and Standard Urban Stormwater Mitigation
Plan,
3, Grading of the site shall be designed in such a way that the runaff from the
easterly adjacent parcel shall not adversely impact the property to the
south of the project.
4 Paving of the parking 'lot shall confarm tothe standards set forth in Section
12.20 080 of the Paway Municipal Code.
5 A drainage system capable of handling and disposing of all surface water
.originating within the development and all surface water that may flow
onto the develapmentfrom adjacent lands shall be constructed,
6 Erosian control, including, but not limited to, desiltation basins, shall be
installed and maintained from Oct. 15th to April 15th. An erosion control
plan shall be prepared by the project civil engineer and shall be submitted
as part .of the grading plan. The applicant/developer shall make provisians
ta insure proper maintenance .of all erosion control devices.
7 A Starm Water Management Plan shall be prepared The plan shall
identify tbe measures that will be used for starm water and non-storm
water management during the permitted activity
8 A Right-af~Way Permit shall be obtained from the Engineering Division of
the Development Services Department for:any work to be done in public
street rights-of.way or City-held easements,
9 The applicant/developer shall pay the following fees and grading
securities:
. .
Resolution No P-05-52
Page 6
a, Grading Permit, plan checking, inspection, Right-of-Way Permit (if
needed), and geotechnical review fees. The Grading Permit fee
shall be paid at first submittal of grading plans.
b Posting and/or payment of grading securities,
10 City approval of soils report and grading plans.
11 Submittal of 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,
subcontractors,proj"ect civil engineer and project soils engineer must
attend the preconstruction meeting.
H, Prior to construction of public improvements, unless other timing is indicated, the
applicant/developer shall complete the following:
1 Submittal, for review and approval, of improvement plans to the
Development Services Department for approval of the following
improvements, (NOtE. These improvements may be included with the
grading plans rather than separate improvement plans, except the fire
hydrant relocation.)
a, Sudan Road - The street entrance from Poway Road shall be
reconstructed to provide alley type curb returns. Improvements
shall also include, but not be limited to; replacement of the street
approach to provide for a smooth transition to the existing Sudan
Road street paving, concrete gutter, and handicap ramps at each
side of the curb returns, The curb returns shall be constructed to
provide for a 3000-foot-wide entrance to Sudan Road. An AC
berm or concrete curb shall be constructed along the east side of
the streei, the length of which shajl pe to the satisfaction of the eity
Engineer The berm or curb shall be painted red and No Parking
signs shall be installed to the satisfaction of the Director of
Development Services.
b Fire Hydrant - The existing fire hydrant along Poway Road at the
entrance to Sudan Road shall be relocated to the east side of the
new curb return of Sudan Road.
c, Street Light - A new street light shall be installed at the easterly
curb return of Sudan Road along Poway Road southerly side
d, Concrete Sidewalk - Remove and replace the existing concrete
sidewalk along the project's Poway Road froritage,
. .
Resolution No P-05-52
Page 7
e Driveway - The proposed driveway for the project shall be no wider
. .
than 25:00 feet wide and shall be the standard residential driveway
type approach (not alley type).
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, if any, shall
be installed underground prior to installation of concrete curbs, gutters and
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,
4 The locations and sizes of all utility boxes and vaults within street rights-
of-way shall be shown on the improvement plans.
5 The applicahUdeVeloper shall pay the following fees and post or pay
appropriate. securities:
a. Improvement plan checking and inspection fees.
b Performance and payment securities. These securities may be
waived by the City Engineer if substantial amount of grading is
completed prior to installation of public improvements and there is
sufficient amount of 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.
6 Submittal of a request for and hold a pre-construction meeting with a City
Engineering Ihspector The applicanUdeveloper shall be responsible that
necessary individuals, such as, but not limited to, contractors,
subcontractors, project civil engineer and project soils engineer must
attend the preconstruction meeting.
7 A Right-of~Way Permit shall be obtained from the Engineering Division of
the Development Services Department for any work to be done in public
street rights-of-way or City-held easements.
. .
Resolution No P-05-52
Page 8
8 No priv.ate .irnprovem~nts shall 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 Permit,has been issued for the privateimprovements shown to
be constructed
I. .Prior to Building Permit issuance or October 10th of the year that the Grading
Permit is issued, whichever is first, the following condition shall be satisfied to
insure that the existing Sudan Road drainage swale functions properly'
1 Remove and replace a portion of an existing drainage swale off-site, along
the easterly side of Sudan Road that is .currently AC-patched, with
concrete paving. That portion of the swale to be replaced is located
approximately 175 00 feet south of the project site
J Prior to Building Permit issuance, the following conditions shall be satisfied
1 The site shalLbe. developed in accordance'vvith the approved plans on file
in the Development Services Department and the conditions contained
herein.
2, The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Electrical/Building Permit issuance.
3 The, locations of any new utility boxes over 3 feet in height shall be noted
on the plans, and screening shall be provided to the satisfaction of the
Director of Development Services.
4 School impact fees shall be paid at the rate established at the time of
Building Permit issuance, Please contact the Poway Unified School
District for additional information a1(858) 679-2570
5 All existing overhead utilities shall be undergrounded, A note shall be
added on the building plans that overhead utilities will be underground
. .
Resalution No P-05-52
Page 9
6 The ,siteplan"shall show' and note all required parkihg, The site plan shall
clearly identify and distinguish between, customer parking, employee
parking and display'area, Based an the:propcised bUilding area being
4,286 square feet, a 'minimum of 18 parking spaces shall be provided.
The two serVice bay area parking stalls may be counted toward the
required 18 spaces.
7 All parking lotlandsc~ping shall include a minimum of one 15-gallan-size
tree 'for every, three spaces. Farparkit]g'lpt islands, a minimum 12cinch-
wide walk adjacent'to parking stalls shall, be provided and be separated
from vehicUlar areas by. a six-inch-high, six-inchcwide Partland cancrete
cement curb
8 ,All two-way traffic aisles shall be a minimum of 25 feet wide, A minimum
of 25-foot-wide, emergency vehicle acce_s$ shall be provided, maintained
free and clec(f at, clll times during construction, in accordance with Safety
Services Department requirements.
9 All parking spaces shall be dauble striped. The minimum dimensions far
standard..'sized pi3rking stalls shall be 8S X 1805' The parkinglat design
shall comply with .the Americans with Disabilities Act for accessible
spaces, with one van accessible space,
10 Parking lot lights shall be law-pressur?sodium and not exceed a
maximum height of'18 feet from the finishe.d grade af the parking surface
and be directed aW<Jy from all property lines, adjacent streets and
buildings on adjaceriUcits.
11 Any proposed security lighting shall utilize, low-pressure sodium fixtures,
The fixtures shall be shielded with well-defined cut-off limits to. confine
illuminatian to"an"site areas anly
12. Regular parking stalls that are parallel to Poway Road shall abserve a
minimum 40,foatsetback from the right"ofcw;:W Marked disptaystalls are
permitted to encroach as shawn on the project site plan dated May 20,
2005, onfil"e in the Planning Division.
13 Submit .landscape and irrigation plans to the Planning Division for review
and approval. A landscape plan check re.viewfee is required at the ,time
of initial submittal of the plans. Thepl,an}'; shall be prepari;ld pursuant to
the c;ity of POY'ay Guide to. Landscape Requirements. The plans should
ad.dress th'e following;
. .
Resolution No P-05-52
Page 10
a, All cre'ated and existing slopes of 5 1 or greater shall be planted
and irrigated with a varied palate of trees, shrubs, and ground
coveL
b Street trees shall be provided in accordance with requirements
listed in the City of Poway Guide to Landscape Requirements, The
species of tree (lemon bottlebrush trees) proposed on the concept
landscaping plan along the southerly arid westerly property line
shall be changed to be consistent-with the Street Tree provision of
the Landscape Requirements,
c, Shrubs shall be installed along, the westerly elevation of the
required masonry block wall to soften and break up the linear
appearance
d, The area between the wall and the limits of the road improvements
along Sudan Road shall be landscaped and irrigated,
e, A minimum 8-footchigh decorative masonry wall shall be installed
along the southeasterly, southerly and southwesterly property lines
as shown on the project site plan'dated May 20, 2005, and on file in
the Planning Division office, A minimum 5-foot-wide raised
landscape planter shall be constructed adjacent to the waiL Said
planter may be constructed on the subject property, but on the
south side of .the 8-foot-high masonry \/fall, provided a letter of
approval is obtained from the adjacent residential property owner to
the south- A dense evergreen landscaping screen shall be
provideg ill this planter area, The design of the wall along Sudan
Road shall be architecturally enhanced to soften its appearance,
Enhancements may include regularly spaced decorative pilasters,
variations in the solid portion wall height, a decorative wall cap, a
mix of masonry and decorative iron, or other design features, A
final wall design shall be submitted for review and approval prior to
the approval of the building permitfor thewalL
14 The project plans shall be revised to omit the detached canopy cover over
the display area proposed in the northwesterly segment of the parking lot
15 Any roof~mounted equipment shall be completely screened from view on
every side, Method of screening shall be to the satisfaction of the Director
of Development Services,
16 Trash receptacles shall be enclosed within a 6-foot-high masonry wall with
view-obstructing gates pursuant to City standards, Location shall be
subject to approval by the Director of Development Services.
" .
- .
Resolution No P-05-52
Page 11
17 Any signs proposed. for ihis development shall be designed and approved
in conformance with the Sign Ordinance under a sep.arate SigJ'1 Permit
There shall be no wall signs permitted along the wesfbuildingelevations,
1.8 The proposed ,air compressor unit shall be iJ'1stalled within a noise
attenuating enClosure within the building,
19 Wheel stops shall be provided for all parking spaces that abut the
proposed masonry wall.
20 Completion of and cjpproval by the City ofrough grading of the project site
21 City approval otsoils compaction report,
22. City approval of a certification of line ancj grade. The certification shall be
prepared by the prbject'scivil engineer or City"approved designee
23 Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding amOl:lnts are as follows and are subject to
change without .further notice. The amol:lnts to be paid shall be those in
effect at time of payment
Water base capacity fee (if new and/or additional water meter is to be
installed)
For 7(;" meter '" $ 3,710.00permeter
For 1" meter '" $ 6,678,00 per meter
For 1 y" " metE;lr '" $10,388.00 per meter
Other meter-sizes '" Contact Engineering Division
Water meter fee (if new and/or additional water meter is to be installed)
For 0/." meter '" $ 130 00 per met?r
For 1" meter '" $ 270.00pE;lr meter'
For 1 y,," meter =' $.60000 per meter
Othermeter sizes '" Contact Engineering Division
SDCWA System capaCity .charge(if neW and/or additional water meter is
to be installed) - To be paid by separate check, payable to San Diego
Colmty Water Authority but remitted through the City of Poway
For%" meter '" $2,461 00 permeter, if paid by 7-29-05,
otherwise $3,985'00 effective 8" 1 "05
For 1 " meter '" $3,206.00 per meter, if paid by 7-29-05
otherwise $6,376;00 effective 8-1c05
For 1 y,," meter '" $6,012.00 per meter, if paid by 7-29-05,
otherwise $11,955 00 effective.8-1-05
Other meter sizes '" Contact Engineering Division
. .
Resolution No P-05-52
Page 12
sbcWA Treatment capacity charge (if new :and(or additional water
meter is io be installed) - To be paid by separate checR, payable to San
Diego County Water Authoritybut reinitteiHhr6ugh the City of Poway
For :y.:' meter = $153 00 per meter, effective 8-1-05
For 1 "meter = $245 00 per'meter, effective 8-1-05
For 1)12" meter = $459 00 00 per meter, effective 8-1-05
Othermeter,sizes = Contact Enaineering Division
Sewer connection"fee = None
SeINer c1eanoutfee = $50 00 per c1eanout (if new lateral, is
installed)
Sewer c1eanout inspection fee = $25 00 per c1eanout
Traffic mitigation fee = $895:95'
*[(4286 SF - 2,400 SF)/1 ,000 SF x 50 x$El6 x 0.25] -(660) = $895,95
where. 4,286 SF = building area of new project
2,400 SF = bldg. area of existing building to be
replaced
1,000 SF = generates 50 ADT(see below)
50 = Average daily trips (ADT) generated by a car
sales and repair business
$66 = unit cost per ADT
0.25 = reduction in fee for commercial projects
$660 00 = credit for existing residence on site to be
removed
Drainage fee = None
Park fee = None
24 Cpmpliarl~e with the following conditions is required. Compliance shall be
a'pprbved:by the Department dfSafetyServices,
a. Roofcovering shall be fire retardant~as per UBC Sections 1503 and
1504 and City of PowayOrairiance No 64
b Th.e building shall display their numeric address in a manner visible
from ihe 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
. .
Resolution No P-05-52
Page 13
Director of Safety Services, and meeting Sheriff's Dept. - ASTREA
criteria.
c, 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 The road surface'ty"pe shall be approved by the
City Engineer, pursuant to the City of Poway Municipal Code.
(P,M,C)
d. The building will be required toiristall an approved fire sprinkler
system meeting P.M.C requirements. The entire system is to be
monitored by a central monitoring company A double detector
check valve 'assembly with tamper switches, also monitored, is to
be 10cCltedby the City Fire Marshal prior to installation. A
breakaway padlock shall be required for the fire sprinkler system
post indicator valve.
e. A 'Knox' Security Key Box shall be lequired for the buiiding at a
location determined by the City" Fire Marshal.
f 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,
g. Permaneritaccess roadways for fire apparatus shall be designated
as 'Fire Lanes' with appropriate signs and curb markings
h. Minimum 2A10BC fire extinguisher requir!'ld for every 3,000 square
feet ahd 75' travel distance for showroom and office area. A
minimum of two 3A40BC fire extinguishers for the service area,
i. Material Safety Data Sheets shall be required for all hazardous
and/ortoxic substances used in each building,
j, 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.
k. Fire sprinklEH riser(s) shall be located within ten (10) feet of an
exterio"f exit man door or shall be lo<<ated inside an enclosed closet
witli an exterior access man door Door shall be labeled with a sign
. .
Resolution No P-05-52
Page 14
indicating ':Fife Sprinkler Riser When the,dosetmethod is chosen,
. _.~ - . _' < - O' _ _. . ~.. "'- - " _. -, ~ - .
applicant shall provide 36 inches of, clearance from the standpipe or
attached additional risers, accessible' by a 3'-0 man door
L. Prior to City's approval for occupancy the following conditions shall be satisfied'
1. Completion of public'improvements.
2. City approval of record drawings of the grading and improvement plans,
3 A maintenance mechanism agreement for maintenance of all storm water
BMPs (Best Management Practices), satisfactory to the Director of
Developmehl'Services, shall be prepared and subsequently recorded
4 Posting of a warranty' bond for the constructed public improvements. The
City, however, reserves the right to waive this requirement under
appropriate circumstances,
5 Grading securities shall be released only' upon completion of the project
and upon City approval of the record drawings,of the grading plans.
6, Performance securities for public improvements, if posted and separate
from the grading securities, shall only be reduced twice before completion
of improvements,
7 Payment securities and remaining performance securities, if any, shall be
released no sponer than 90 days after City's acceptance.ot'improvements,
posting of warranty security, and approval of record drawings.
8. Landscaping and irrigation shall be installed in accordance with the
approved project Landscaping Plan. Landscaping shall be maintained in
healthy, thriving condition and clear of litter and debris.
9 The owner shall mark employee andcustoriler parking on the parking lot
,pavement.
M. Uponoccupailcy'the,applicant shall complywith tile following conditions'
1 J'here;shaILbe no deiivery of parts or supplies after the hour of 6:00 p,m.
2, The compressor doors shall remain closed at' all times, unless during
maintenance,
3, The hoLirsof oper'at[orlshall be as follows:
. .
Resolution No P-05-52
Page 15
. 'Monday - Friday: '7:00 a:m. to 7'00 p.m~
. Saturday.g.OO a.m. to 6:00 p.m.
. Su'nd.ay' Th<3 service area shall be closed, Sales,6peration will be
permitted'frolil1 0'00 a,m. - 6'00 p,lil,
4 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
5 Eniployees of the subject use and other business related vehicles shall
not park on Sudan Road and other nearby ,resIdential streets,
6. If cars are to be )Nashed, the washing must be done within the service
bays and the drainage waters directed into the sewer system.
7 No outdoor paging systems or telephone bells or similar devices shall be
permitted.
8 There shall be no delivery of vehicles after normal working hours, Carrier
truck vehicle deJiverywill not occur at or oncsite, but,atthe off-site location
that is presentlY in the South Poway Business Park. Individual vehicles
will then be driven to the subject site.
g To insure compliance with the traffic, parking and noise mitigation
conditions, the business owner shall :provide a summary of the
perfortnance staf.id~C!rds noted in this application permit to all managers,
employees;, new.ernployees, and business representatives that have the
potential to'violate the noted conditions.
Section 6. The approval of .Minor Conditional Use Permit, 05-01, Development
Review 04"08 and Variarice 05C04!shall expire on ALJgu~t 16, 2007, at 5'00 pem. unless,
prior to that time, a Building :Permit has been issued arid construction on the property in
reliance on the .MCUP approval has commenced prior to its expiration,
,Section 7: Pt'Jr~Li?nttoGovernment Code Section 660fO, the gO-day'approval period
in which the applicant'rnay protest the imposition oL3n'y fees, dedications, reseriations,
orexaciionsimposedpursuant'to this approval shall begin on August 16, 2005
- . .
Resolution No P-05-52
P<3ge 16
PASSED, ,ADOPTED and APPROVED by the City CoUncil of the City of Poway,
Stateof'California, this 16th day of August 2005
ATTEST"
(ik~
L Diane .Shea, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do ~ereby certify under penalty of
perjury that the foregoing Resolution No, P-05-52 was duly adopted by the City Council
at a meeting of said City Council held on the 16th day of.August 2005, and thalitwas so
adopted by the following vote'
AYES REXFORD, EMERY, CAFAGNA
NOES NONE
ABSENT BOYACK, HIGGINSON
DISQUALIFIED. NONE
a( ~U ~^-
L, Diane Shea, City Clerk
City of Poway
. .
Resolution No P-05-52
Page 17
,EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR MCUP 05-01, DR 04-08 andVAR05-04
Section 21081,6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment The reporting or monitoring program ,shall be designated to ensure
compliance during project implementation" This Mitigation Monitoring Program has
been prepared in accordance with Section 21081 6 of the Public Resources Code.
Non-compliance with anyofthese conditions, as identified by City staff or a designated
moniJor, shall result in issuance of a cease and desist order for all construction
activities, The order shall remClin in effect until compliance is assured Non-compliance
situations, which may occur s4psequent to project constrlAction, will be addressed on a
case~by~case basis .and may,; besBbject to penalties according to the City of Poway
Municipal Code, When phasing of development has been established, it may be
necessary for this Monitoring' Program to be amended, with City approval.
TopiC Mitigation Measure Timing Responsibility
Aesthetics Any lighting intlierdisplay area shall be 'P!ior.to Applicant
connected to tim~rs!and that the light Certificate of
standards be designed to shield lights from Occupancy
spillover to adjacent properties,
Hydrology and The developer shall install a drainage Prior to Applicant
Water Quality system capable of handling all drainage Grading
running through or generated on the Permit
subject p")perty.and'will be required to
pay City drainage fee, To minimize the
potential for polluted runoff during
construction on the site"development of
the site will require compliance with the
Poway Standard Urban Stormwater
Mitigation Planand the Regional Water
Quality Control B6ardifegulations.
The developer sh,all remove and replace a t;'riorto Applicant
portion of an existing drainage swale off- Grading
site; along the easterly side of Sudan Road Permit
that.is currently AC-patched, with concrete
paving.
An 8'footchigh, decorative masonry block Prior. to Applicant
wall.shall be' constructed along the Occupancy
southeasterly, southerly and, southwesterly
property lines ofthelot't6bLJffer and
attenuate noise,
. .
Resolution No P-05-52
Page 18
Topic .Mitigation Measure Timing Responsibility
Noise There shall be'nodelivery of parts or After Applicant
supplies after the hour of 6:00 p.m. Occupancy
Any air compressors used by the business After Applicant
shall be kept within a:noise attenuating Occupancy
cabinet that is located inside of the building.
The doors of the c"binetshall remain closed
atall'times, except'during'times of
. . .
maintenance.
The seryice.bays shall not.beused by After Applicant
emploYEJ.es; or'a~yotherperson, after Occupancy
normal business hours to repair, wash, paint
or otherwise work'on,my vehicle truck or
motorcycle.
If vehicles are to;,!?!, washed, the washing After Applicant
must be donewithin th"service bays and Occupancy
the drainage wat"rs directed into the sewer
system.
No outdoorpaging:,~ystem,telephone bells . After Applicant
or similar devices sh'all be permitted, Occupancy
Transportation Project driveway'access width shall be 25 Prior to Applicant
and Traffic feet'and.located,asfar east on the lot as Grading
possible. An apron,type design shall be Permit
provided for the proposed driveway
Curbing within the. easterly and westerly Prior to Applicant
easements of Sudan Road shall provide a Grading
minimum 30"foot-wide access. and alley 'Permit
typereturns'shall'be provided to promote
easier ingress.arid egress,
The existif!g:fire;hydrant iniprovements Prior to Applicant
located within the,Sudan'Road easement Grading
.' - ,," .~
, shall bE! relocated to beyond the easterly Permit
limits otsaid easement.