Covenant Regarding Real Property 2004-1132254
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. 'I ,DOC It 2004-1132254
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.11. REcORDINGcREQUEST BY: )
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\~ 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
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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In the event that MCUP 02..03 expires of is rescinded by City Council at 'the request of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'~\
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:
.. I- , t 24696
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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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
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o Other'
Signer Is Representing:
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@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
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CAUFORNIA AL1:puRPOSE,ACKNOWLEDGMENT
I State of Calitornia } ss
County of So..... UI~~"
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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
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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
.
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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.
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. . 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-
<
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. . 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.
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. . 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.,
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. . 24704
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\ 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.
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. . 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,
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. . . 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.
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Resolution No P-04-68
i Page 9
'Section 6 The approval of MCUP 02~03, MD8A 04-102, and Variance 04-09 shall
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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
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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
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