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Covenant Regarding Real Property 2004-1132254 .; c. . 2:4:8'95 - . . , ~~ ," . ~ ~ ~-~ I;''; - - . 'I ,DOC It 2004-1132254 ,- )f i' .11. REcORDINGcREQUEST BY: ) ) i illllllllll 111111111111111 111111111111111 1111I 11I1I 11111 I1111 1111111/ \~ CIT.YOF POWAY ) ! ) DE" ':'1 ,21.('4 ,2,27 F'II \ WHEN RECORDED MAIL TO: ) , OFFIClp.L F:ECOR[,'" ) ~,~,:',l ~1I_EI~O (nut'll',' FiECOF:[IEF:"; OFFICE cITY'cLERK ) bFIEi.;UR I ,I '.;MITH cOUr'JT'i'RECOF;[IER CITY OF POWAY ) ..F~E.- 47 [1[1 POBOX 789 ) F....,I_'lE:.: 14 POWAY cA.92074-0789 ) 1111111111111111111111111111111111111111111111111111111111111111111111111111111I ) No,Transfer Tax Due ) (This sp. ,'004_113'7;4 APN 323-060-52 COVENANT REGARDING REAL PROPERTY A~tbo!1Y G, Navarra, a marfied:rf1a..n, as his sole and separatepropefty. as to an undivided 20% interesfand Salvatore .Navarra, Trustee of the NavafraSurvivors Trust dated November 9, 1989'" as amenaeaias to an undiiliaed 60% interes!;arid Adeline M, Massa, a married woman as hersdle and separat.e propertYi' as to an undivided 20% interest, as Tenants in Common, PROPERTY OWNERS ("OWNERS" hereinafter) .are the owners of real property described in Exhibit, A which is attached hereto 'and made a part hereof and which is 'commonly known as " . __ . _," - _.-' ""0 ", "y_ ,-, ,>_.,r ,._ ,. .~., Assessor's Parcel Number 323-mio'52 ("PROPERTY" hereinafter), In consideration of the approval of MCUP' 02-03, 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 bind,ing l!Pon. and inure to the benefit ofthe future owners, encumbrancers, successors, heirs, personal. representatives, transferees and assignsof'the respective parties, In the event that MCUP 02..03 expires of is rescinded by City Council at 'the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation tOi;enforc~ the provisions ofthiS: Covenant, the prevailing party shall be entitled to full reimbursement orall costs, including reasonable attorneys' fees, from' the other party /vt-;g;}:-~y . OWNERS ~ Dated: BY.~ J1 !<<U . /0 - ~b -()z). ~thOnY G. ". varra (Notarize) Dated: '~"~~ Salvatore Navarra (Notarize) Dated: /0 -,0('6 - 0 rJ By' e~ J7) ~tL , A e ln~,:M'- Mijssa (Notarize) CITY OF POWAY Dated:,-.fj ..11- 011 By' " Niall Hitz, Director'o , of'~\ , . . : .. I- , t 24696 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT , I ~'f.-=- -.. -:- -:-. -=-.'. - -. -. . --;- -;(i5(.'~.c<'A5Q.,c{,',c('.c<'.c<'.c<'-:2?~&f'~.c<'.c<'..G<'....c(.'.c<',e<:':' OX" I ~ I State of California } ss I -5rh- 1)1 ~D County of On o riPbv..- )), htJI/before me, J(JI1I'/ rfer II. i<H'/ I/,yf f w6/'c Dale 4,.:11.0 J Name and Tille of Officer (e.g.. "Jane Doe, N PubliC") personally appeared fj. IV w wp1). Name{s) ofSigner(s) ~personallY known to me o proved to me on the basis of satisfactory evidence to be the person~ whose name(0' is/qre subscribed to the within instrument and acknowledged to me that he/sIre/t):ley executed the same in his/tKfr/tj;leir authorized capacity(i~), and that by his/bef/~ir ,I, ~ JENNIFER.R. LEAR ~ signature{.Z) on the instrument the person~. or the entity upon behalf of which the person(.8j - Comm,'1508212 Ul acted. executed the instrument. UI -,. NOT'RY ~IUC,C-\lJfORHlA s,,~*Counly - ~. tlyC..., EI"..,,,,,'1 11.2001 r WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL Though the information below is not ieq~ired by law. it may prove valuable topersons relying on the document and could prevent fraudulent removal and reattachment of this forrn to another document. I Description of Attached Document~ 7? tftJ ~~7 I Title or Type of Document: Co /I I- Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) ~m SigneG AJ;;"iJ (;.1'fA. . Signer's Name: J ui'individual o Corporate Officer - Title(s), o Partner - 0 Limited 0 General o Attorney in Fact o Trustee D Guardian or Conservator I o Other' Signer Is Representing: I LX) - :VV~~'U(;..~'g,;.'g(;.~,~,:,(,;:~.<,;.'g;;~~~'g(;,'<;,(;.~'Q<;,'9<;.'C<;..'9<;,'Q(;.'Q<;..'Q(;,.'g(;,~'g,;,'(.;(;,'9V .:x, @1999NationalNotaryAssoclaUon . 9350 De SOlO Ave" P.O. Box 2402' Chalsworlh, CA 91313-2402. www,naliol\lllnolary,org Prod. No. S907 Reorder Call Toll-Free 1-800-876-6827 . . 2469'1 , . CAUFORNIA AL1:puRPOSE,ACKNOWLEDGMENT I State of Calitornia } ss County of So..... UI~~" I On C)",h. \.~, 2&;\:"7..604. befofeme. 8,,"'......1.... LvJ"" .NuA~.rii! Yo 101,<- Dale Nama"and Tille of Oflicer (e.g., 'Jane Doe, N taryPublic") personally appeared "S.J V "'~" 'c. No-v"I{.... ~ p>'.\,,\ Ii<" '1'1- Wl"... "... Name(s)ofSigner(s) 1 o personally known to me 'I I J2"Proved to me on the basis of satisfactory evidence 1 A AB~N~O~~~~ft~ &i to be the person(s) whose name(s) islare ,I subscribed to the within instrument and COMM. l1liOO3!lS acknowledged to me that 110'GAeI\hey executed NOTAAYPUIlIJO.CAiJFIl,Ui1A -- the same in ~their authorized ,I -==m iil "'CGlMl. II ' . capacity(ies), and that by hie.ll>efltheir signature(s) on the instrument the person(s), or the entity.upon behalf of which the person(s) acted, executed the instrument. I I I I , 'I I I OPTIONAL 'I I Though the information below is not, required by law, it may prove valuable to persons relying on the document and could prevent fraudulef1t removal andreattachment of this form to another document I Description of Attached Document I Title or Type of Document: Cove ,^"..-J. V'<.;c..J\~ 0(."'\ PIO 1'>"'...(...., I I Document Date: rlfA Number of Pages: \':; I Signer(s) Other Than Named Above, Capacily(ies) Claimed by'Signer Signers Name: . I o Individual Top of thumb here I o Corporate Officer - Title(s): o Partner - 0 Limited 0 General 1 o Attorney,in,Fact I o Trustee I o Guardian or Conservator o Other' I I Signer Is Representing: @1999National Notary AssoCiation' 9350 De Solo Ave" P.O. Box 2402' Chalsworth. CA 91313.2402' www,nalionalnotary,org Prod No. 5007 Reorder: Call Toll-Free 1-600-876-6827 . . 24698 , EXHIBIT A ALL THAT PORTION OF THEWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 1'4 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSEC;rION OF THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER WITH THE EASTERLY L1NE<OF THE WESTERLY 26QOO FEET @F SAID SOUJI;IEAST QUARTER; THENCE SOUTH 89025'30" EAST ALONG T;RlE: NORTI-1ERLY LINE .DFsA'iD ,SOUTHEAST CiOP,;RTER, A DISTANCE OF 136',00 FEET; THENCE SOUTH 6663'05':; WEST PARALLEL WITH THE, WESTERLY LINE OF SAJD SOUTHEAST C}lJARTER174.16 FEET, THE:NCE: NORTH 89035'30" WEST PARALLEL WITH THE NORTHERLY LINE OF SAIDSOO:rHEAST QUARTER 136'00 ;' ~ FEET TO THE EASTERLY LINE OF SAID WESTERLY 26000 FEET OF THE SOUTHEAST QUARTER; THENCE NORTH 0003'O!);' EAST ALONG SAID EASTERLY LINE 174 16 FEET TO THE. POINT OF BEGINNING . ...... " . . EXHIBIT B 246'99 RESOLUTION NO, pc04-68 A RESOLUTION OFTHE CIT:rCOUNCIL OFTHE CITY OF powA:r, CALIFORNIA ApPROVING MINOR CONDITIONAL USE PERMIT 02-03, MINOR DEVELOPMENT REVIEW APPLICATION 04-102, AND VARIANCE 04-09 ASSESSOR'S PARCEL NUMBER 323-060-52 WHEREAS, Minor Conditional Use Permit (MCUP) 02-03, Minor Development Review Application (MDRA) 04-102, and Variance 04-09 were submitted by Anthony Navarro, Applicant, to allow for. a permanent outdoor display'area in the frontofElston:s HCiy'anifGrain,storeancl.a,seataiDer!o;be ~tor~d in the re~r,of the st6fe, TheprOpeftYis locateq?t 1427TGarde[i Road, ~itbiDthe Comrn.erCial Neighborho09 (CN) zone The applicant alsq requests. a Variance approval to allow 3 proposed 396-square-foot hay storage addition to encroach 5. feet into the .required 25-foot side yard setback and proposed 'security fencing in the storefront display area to be 6 feet when the maximum height permitted within the street side yard setback is 4 feet; and WHEREAS, on June 19,,2001, the City Council 'approved Ordinance No, 540which set guidelines and permit processes for outdoor display of merchandise in the City's commercial zones; and WHEREAS, on September 21,2004, the City Council held a duly advertised PlJblic hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, BElT RESOLVED by the City Council ofthe City of Poway as follows: Section 1 The City Council find,S :that Minor ConditioDal Use Permit 02-03, Minor Developrnent Review Appli.s;ation04-102 and Variarice04-09 are exempt from the ,provisions ofthe California Environmental Quality Act(CEQA), as Class 1 and Class 5 ,Categ6ricaU~xeniptioris, pursl:lant,t6Sections 15301 and 15305:of the CEQAGuidelines, in tha'Hhe project is 'anoutdoor'display area'that involves negligible expansion of use beyond the existing facilities and will result in a minor alteration to land use limitations. Section,2: Thefii1dings, in accordance with Section, 17 48 070 of thePoway Municipal Code, for MCUP 02-03, to ailow for a permanent outdoor display area in the front of the store located at 1427.7 Garden Road, in the CommercialNeighborhood zone, and to allow the storage of a seatainerin the rear yard, are rnade as'follows' A. Th,e proposed locatiori,.size, desig[l, and, operating characteristics of the proposed bUtd60rdisplay are3are in.accord with.the title, and purpose of Chapter 1748 ofthe Poway Municipal Code (Conditiona.l Use Permit Regulations) City Council Ordinance 540, the General Plan, and the development policies and standards of the City in that the outdoor display area and the seatainer placement has been ~ . . 24700 Resolution No. P-04-68 Page 2 designed and sited such that it will riot resUlt, in, negative visual impacts to the surrounding communjty B The location,. size, design, and operating characteristics of the proposed outdoor display area .will be compatible with and .wilt not adversely affect or be materially detrimental to, adjacent uses, residents, buildings, structure, or natural resources in that the, outdoor display'.area and the,seat<;liner have been designed and located within the existing porch pverhang of the existing retail store, and as such, it will not result in negative visual impacts to the surrounding community C The proposed ,outdoor disp,lay'area and seatainerlcire in harmQny With the scale, Bulk, coverage;.;and,densityof; and is consistent with; adjacent.uses. D There are adeqLiate public facilities, services, and utilities available at the subject site to s'erve the proposed outdoor display area,andseatainerofthe existing retail use E, The generation of traffic will not adversely .impact the capacity and physical character of the surrounding.,streets and/ortheCirculation Elementofthe General Plan in that,the proposed'outdoor display area:and seatainer are accessory:uses to the existing Elston's Hay and Grain store. F The site is suitable for the type and, intensity of use or development, which is proposed in that the proPQ~ed seatainer has beeh sited to have rninimal visual impact and Hie outdoor display area will enhance the exterior of the existingstore,it provides additional drive-by business for the retailer, and is a permitted use under Section 17 10 190 of the Poway Municipal Code. G There will be no significantharmful effects upon environmental quality and natural resources in thatthe proposed outdoor display area\and seatainer arelocated on a developed property anddoEls not involvetheternoval of natu~alhabitat resources, H. Thatthe potential impacts, al)d'the,prqposed location, size, design and operating charac:;teristics of the proposed outdoor display area and seatainer will. not be rnaterially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in thatthe facility has been designed"and sited such that it will not result in visual impacts and will cornply-with existing 'Building and Fire requirements. I The'proposed outdoor display areClan<fseat~iner \yill comply with all the applicable provisions of Chapter 17 48 bfthe Poway MUhiCipal Code in that they have been designed and located such that they Will not fesultin visual impacts, and it will comply with existing requitements and with outdoor display standards for high- quality, attractive;.comrnercial development. ~ . . 24701 Resolution No, P-04-68 Page 3 Se"ction 3, The findings;,iriaccordance with Section 17:50 ofthe Poway Municipal Code, for Variance 04-09, toallow,a proposed 396-square-foothay storage addition to encroach 5 feet into the required 25cfoot side yard setback- and proposed security fencing in the storefront display area tobe6feeJ, when thema)(Hnum height permitted within the street side yard setback is 4 feet, for property located aJ142-77 Garden Road, in the Commercial Neighborhood iorie, are made as follows: ,-A. That there are specialeircumstances applicable.to the property and because ofthis the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties: in Jhevicinity with the i(jentica.l z()ning c1as~ifiJ::ation, ytfesPEJsialc!!cLimst~llse? i,ni;lqdeitne'fa9t that ttie aodJ!Lc>n and ,the .ovel:"hei9ht fenCing is being added toportibns of the existing building that are presently encroaching.intoboth the easterly and westerly, side yard setbacks, and the addition and fencing will not encroach any furtherthan'the existing building, B Granting the Variance is nec,essary for th~ prel)ervation and enjoyment of a substa_nti.?1 property right enjoyed by other prqperly owners in the same vicinity, and not afforded to the property for which the Varianceissought, because other retail commercial properties have opportunity to have secured outdoor display areas, C_ Granting the Variance ~ould not be materiallydetrill)ental to the public health; safety, or welfare in the'vicinity in that the propos'ed improvements are sited on privatecomrnercial property and will not be encroaching any further into the side setbacks any closer than ,the;existing building. D That the, granting of this Variance does not constitute, a special privilege that is inconsistentwith thelirnitation upon other properties i,n,the vicinity and zone in that other commercial properties have opportunity .to secure outdoor display merchandise and requesfapproval forseatainer storage E, ,Granting the Variance would not allow .ause or activity ,not otherwise expressly 'authorized by, the CN zone because othercornrnercial bUl';inesses have the oppor1~hity'to expand'their building areClan(j have outdoor display in accordance with City standards, F That the project as approved is consistent with the City's General Plan in that'the outdoor display area and .the securityifencing ,for the outdoor display area have been designed and located to be consistent with the architectural style of the existing.retail store, , , Section.4, The City Council hereby aJJproves MCUP 02-03, MDRA 04-102, and Variance 04-09 to allow a perrnanent outdoor display areaih'the'.front of the Elston's Hay , and Grain. store located at 14277 Garden Road, within the Cornmercial Neighborhood zone;and.seatainer storage in the rear as shown,on the plans dated July 1,2004, to allow a proposed 396-square"foot hay storage' addition to' encroach 5 feet into the required 25- < ~ . . 24702 Resolution No. P-04-68 \ Page 4 , ,foot side yard setback; and proposed securityfencing'inthestorefront outdoor display area to be 6 feet, when the maximum height permittedwit~in the street side yard setback is 4 feet. A. Approvalof this MCUP request-shall applyoniy to the subject project and shall not \\iaivecoriripliance wIth all Sections oftheZonihgOrdinance and all other applicable city Ordinances in effect at the time of Building Permit issuance B Within 30 days of the date of this approval: 1, Theapplicalit,shallsubmitihwritingthatall conditions of approvalha've bee.n read and understood. 2, The property owners shall execute a Covena'nt Regarding Real Property C The use cond,itionally granted' by this approval shall not be conducted in such a manner as to Interfere withthereasonable use and enjoyment of surrounding uses. D The conditions of MCUP 02-03 shall remain in effect until the subject outdoor display are3.and seatainer are removed, E. MCUP 02-03 may be subject to annual review, as deterrnined .by the Director of Development Services, for cornpliance .with the Conditioris of Approval and to address concerns that 'may have been raised during the' prior year F, The over-height security'fenCing installed along the perimeter of the Claire Drive and Gard~nl39ad froritages of the property shall beremoved within 120 days of the approval of,this MCUP G. Upon approval.of this MCUP, the applicant shall diligently pursue the establishment of the permanent gutdoordisplay anQ s.tgrage, elf< the Dir~ctor of Oeveloprnent S~rvices cjeterminesthatadequateprogrei:fs is .not beingmade;in reliance.onthis MCUP, DR ancf Variance, the matter may be scheduled for Public Hearing for reconsideration. H The applicant shall provide and mClil)tain the following improvements to the satisfaction oftheOirectorofDevelopment'SeiVices, until such time as the outdoor djsplay area is removed: 1 The outdoor display area shall be established and maintained in accordance with:the:approvedsite plan, dated July t 2.004, on file. A minimum4-foot- wide pedestrian way shall be, provided in the proposed storefront outdoor I display area. ~ , . . 24703 Resolution No, P-04-68 Page 5 2. The outdoor display area shall beJimited toth~ area on the concrete landing and theacJjacent 5"fo()t-wide asphalt space located immediately in front of the storefj6rit, as'approved on tfifi site:plan dated July 1, 2004 3 The outdoor display area shall not impede vehicular sight distance and driveway access. 4 The outdoor display area shall not obstruct any landscape areas, parking spaces, or interfere with any official notice or public safety signs or'devices., '5. Display merchandise, and products' shall be limited ,to those normal!y assoCiated with .the primary retail use, and the display of junk is prohibited Iterns such as bedding and feeders may'be displayed. 6 All display areas, and related enclosure; .sh'all 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. 7 Display areas s_hallbe kept clean and orderly, and shall maintain an ) attractive appearance, No item shall be displayed in a manner that is unsightly or creates any other conditions that 'are detrimental to the appearance of-the premises or any surrounding property, or in any other manner that is detrimental to the public health; safety, orwelfare, or causes a public nuisance 8 The owner or operator,of.the facility shall. routinely and regularly inspect:the site'to.ensure compliancewith the standards set forth in this permit. 9 Approval of this request shall not waive',compliance'with all sections of the ?o[1il1g Ordin<.3.rwe an,d,all other applicable City Ordinances in effect at the time 6f.approval. 10 Emergency vehicle access' to any'fire.hydrant, entry or exit way, or fire sprinkler,systemcol1nection must not be blocked by merchandise 11. Temporary display of products in the parking lot:is not approved under this " .application. Requests for approval for temporary outdoor display of products are processed, pl!rsuant to Chapter 17,26 of the Poway Municipal Code, under a separate Temporary Use Permit. -Requests shall be accompanied by detailed information. on the type and location of the outdoor display 12. No display Ltems, s,helves, support mechanisms, or similar items may be , , - . attached to the building fac;:ade., ". . . 24704 . \ R-esolution No. P-04-68 Page 6 13, Thewoo.d se,cu.rity fencing for the,()utdoor display area shall be constructed inaccordarice with the approved plans'on file, dated July 1, 2004, and shall not exceed 6 feet'in height. I. The applicant shall provide and maintain the following improvements, to the satisfaction of the Di{ectorof Development Services, until such tirne as the seatainer is removed: 1 The necessary Building Permits and approvals shall be obtained from the Building Division prior to install~Ji()hof the seatainero, The seatainershall have no elecirical,plurribirig, or mechanical equipmenhnstalled, 2, Thesiteplan,;dated July1 ,.2004, shall be revised tO,show thatthe seatainer will be sited inthe rear of the store, clear of the 25-fpot easterly side yard setback and clear of the 20-foot street side yard (Claire Drive) setback (setback taken from the inside edge of the Claire Drive right-of-way easernent). 3 The seatainershall be a color that matches the existing building, Presently the buildingis a tan color , I J Prior to Building Permit issuance, the following shall' be addressed: a, The following improvements shall'be completed to the satisfaction of the Fire Marshal: j, The h,ay 'enclosure addition shall, be an approved one-hour . . . . rated construction, b. Baled hay storage shall meet minimum FireOepartrnent regulations: L, Not, less than 18cilich clearance at sidewalls, with a center aislenoi less than 5 feet. ii. Or, nqt less than 3-foot clearance shall be maintained between walls and sides of piles, c, The enclosed metal seatainer storage may be located adjacent to the tear of existingbuildjng,. along exterior wall, provided any. openings are less than 20 feet from property lines and/or the open end of the storage seataiher be protected by fire assernblies having a fire protection rating of not less thawthree-fourths hour , I - d. The Fire DepartmeritJecomm~riclS t~at the,proposed security fencing in the storefront'displayarea be not less than 6 feet in height. -" , . . 2470,5 Resolution No. P-04-68 i Page 7 2. The following improvements shall be completed to the satisfaction of the City Planner: a. Submit complete landsca.p$, ~nd irrigation plans to the Planhing DivisionJ()f'reyiew and approVal. A landscape plan check review fee is required at,the.tirne of initial submittalofthe plans. The plans shall be prepared pursuant to the City of Poway Guide to Landscape Requirements, The plans should address the following: L The landscapil1gin thEJr~ql,lired front and side yard setback areas ishallbe enhan"ced, Tliis will involve installation of additional plant material'and irrigation (if'necessary), and the excess paving within the front yard setback shalL be removed and replaced with the extension ofthe landscape area, iL Streettrees shall be pr'6vided'jn accordance with requirements listed in the City of PowayGuide to Landscape Requirements, b The site, plan shall show and note all reqfJired parking. Parking shall be provided iri accordance with the Poway Municipal Code. c. All two-way traffic aisles shall be a ,minimum. of 25 feet wide:' A minimum"25"foot"wide emergency vehicle access shall,be provided, maintained free and clear at all times during construction, in accordance with;,Safety Services Department requirements. d, All parking spaces shall be double striped, The minirnum dimensions for standara, sizecj 'jJ,arking stails !shall be 8 5 feet x 18.5 feet. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces, with one van-accessible space. .e, Tlie plalls,shall show all newan'd existing'utilitiesplacedunderground, f School impact fees shall be paid atthe rate established,at the time of Building Permit issuance Please contact the PowaySchool DistriCt for additional inforrnation at (858) 748-0010, ext. 2089 g, Water, sewer, and fireprotecti6n'systems plans shall be designed and constructed to meet the requirements of the City of Poway h. Trash receptacles shalL be enclosed by a 6-foot-high masonry wall with view-obstructing gates, Locations shall be subject to approval by i the Planning Division, "- . . . 24706 Resolution No P-04-68 Page 8 i. All. roof appurtenances, including ,air conditioners, shall be archi!ecturally integrated" screened, from view, and sound buffered from adjacent properties and streets a~s required by the Planning Division. j. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical (';ode, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all oth~r applicable Codes and . - - - Ordinances in effect at the time of Building Perrnit issuance, k, The colors on the building shall :be' consistent with the approved colors on file in the Planning Division, I. The use shall comply with' the Poway Sign Ordinance. Separate approval shall be obtained from the Planning Division for any proposed new signage " K. Prior to issuance of a Certificate of Occupancy' 1 All proposed utilities within the project site shall be installed underground, I 2. Landscaping required for the project shall be inspected by the City's Landscape ArchMct L. Upon occupancy, the applicant shall comply withthe'Jollowing conditions, unless other timing is indicated' 1 The,siteshall be developed in accordance with the approved plans on file in the DevelopmenfServices Department and the conditions contained herein. .2. T'he,owneror,operator oUhe,facility shalL routinelY and regularly inspectthe site:to ensure compliimce'with the standards set forth in this permit. 3 All landscap~g areas on-site; <3[19 within the adjacent right-of-way, shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, The trees shall be encouraged and allowed to retain a natural.form. Pruning should be restricted to maintain the health of the trees and to protect the 'public safety Unnatural or excessive pruning, including topping, is not permitted .Section 5 The owner of the ,outdoor cjisplay n1etf~Cjndise shall remove all of the rnaterials, equipment, and associated structLires, approve<:f;pursuanttothis permit within 60 ) days of ceasing operation of the permanent outdoor display'area or the retail use. .... " . . 24707 Resolution No P-04-68 i Page 9 'Section 6 The approval of MCUP 02~03, MD8A 04-102, and Variance 04-09 shall ......- ,~. -, . expire on March 21, 2005, unless, prior to that date, thE! use isestClblishedin conformance with the conditions of ' this permit, to the satisfaction of the Director of Development Services, Section 7' The approval of the component of M9LJP 02-03 authorizing the outdoor display'area:shall automatically.terminate for any violations to theterrns of the Permit and Section 17 10 190 of the Poway'Municipal Code. if'a Notice of Violation has been issued ,aDd t.he applic.antfails to cornply with said notice. .In the event the outdoor display corriponeri!;oHylC;:UP02c03 is terminated duetoa violation, the applicant maynotre;-apply forcariOuldbot DispiayPermif.o!a 'MCLJP'foroLitdoo~displaY'anywhere:in the City for a one-yeapperiod'following the,date of cofnpliance'pu!~uant to the Notice of Violation, " SeCtion 8: The approval of the component ofMCUP 02-03 authorizing the outdoor display area shall terminate up()n the change of occupancy or failure to renew a Business Certificate without written notice required, PASSED, ADOPTED and APPROVED by the'City Council of the City of Poway, State of California, this 21st day of September 2004. Michael P Cafagna ATTEST I , .' "," . . 24708 ~ " ' . . ': ' , Resolution No P- 04-68 : Page 10 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I,Jeanne Bunch, Interim City Clerk ofthe City of Poway, do hereby certify, under the penaity of perjury, thafthe foregoing ResolutionN<? P- 04-68 . was duly adopted by the City Council at'a:meetillg of/said City Councirheld ori the 21 st day of September 2004, and that it was so adopted bylhefollowing vote AYES.. EMER.Y; GOLDBY, HiGGINSON, REXFORD, CAFAGNA NOES' NONE ABSTAIN: NONE ABSENT. NONE Jea >Bunch, Interifri City Clerk Ci of Po way I I