Covenant Regarding Real Property 2004-0602424
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DOC tI'2004-0602424
- 14156
RECORDING REQUEST BY )
) JUN 28. 2004 1.2:26 PM
fb CITY OF POWAY )
) OFFICIAL RECORDS
y1? WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OFFICE
(0.[\ ) GREGORY J. SMITH. COUNTY RECORDER
CITY CLERK ) FEES: 56.00
CITY OF POWAY )
POBOX 789 ) ~-
POWAY CA 92074-0789 ) i IIIIIIIIIIII!/~liiiil illlliiiii tilll illllll~1i 1/1111111111111111 \
)
No Transfer Tax Due ) ;,~,' .11./ II!! &V,qQ~;l!~~"~.~~~:!II1I" ,lilll.lill'l:llii,
APN: 317-021-25
COVENANT REGARDING REAL PROPERTY
Ismail A. Aqil andlbtisam M" Aqil, Husband and Wife as Joint Tenants, PROPERTY
OWNERS ("OWNERS" hereinafter) are the owners of real property described herein and made
a part hereof, which is commonly known as Assessor's Parcel Number 317-021-25
("PROPERTY" hereinafter):
Parcel 1 of Parcel Map No, 3046, in the City of Poway, County of San Diego,
State of California, according to map thereof filed in. the Office of the County
Recorder of San Diego County, on September 19.1974
In consideration of the approval of CUP 03-10, VAR 03-10 and DR 03-11, by the City of
poway ("CITY" hereinafter), OWNERS hereby agree to abide by conditions of the attached
Resolution (Exhibit A),
This Covenant shall run with lhe land and be binding upon and inure to the benefit of the
future owners, encumbrancers, suc<:;essors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that CUP 03-10, V AR 03-10 and DR 03-11 expires or is rescinded by City
Council al the request of the OWNERS, CITY shall expunge this Covenant from the record title
of the PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing party
shall be entitled to full reimbursement of all costs. including reasonable attorneys' fees, from the
other party
Dated: f:'> (. / / . t'5 L/ OWNER: ~ . ~
By' ISmail A. Aqil ~otariZe)
I
bWNER:
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Dated: By'
I (Notarize)
I btlsam M, Aqll
Dated: " ;d~, By'
.
Services
o Lj -0--:!-1
O~ID -3,0 C/Jlh-IO
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14157 .
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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I State of California }ss
I County of ,<)g;V" !J I FZ, 0
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Date -r . A-QIL "\- me and Tille 01 Officer {e.g.. .Jane Doe, No riPubllC"J
I AIL Q 1
1 personally appeared l- I
I o personally known to me I
I ~roved to me on the basis of satisfactory
C-L, eVI ence
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I {/ to be the person(s) whose name(s) \Siare
-. .... .... .... ..-. .... ....
r subscribed to the within instrument and I
I acknowledged,to me that I)e/~/they executed
1 , the same in l\i(;/I1}l</their authorized I
1 capacity(ies), and that by I'\i<i/~r/their
I signature(s) on the instrument the person(s), or
I, ~ - - - - - -~;;~ - -l the entity upon behalf of which the person(s)
1 acted, executed the instrument,
I . Commission # 1450304 I
~ . r-O Notary PublIc . CalIfornIa I
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1 OPTIONAL
I, Though the information below is not required by law, it may prove valuable to persons relying on Ihe document and could prevent I
1 fraudulent removal and reattachment of this form to another document. I
1 Description of Attached Docu~ent ~ _ .' _ /'
1
Title or Type of Document: L 0 i/ t;. 7J/,?} /Vi t:t C7I!7u1J/#(, et /n- ~,tJoe1Y' 1
Document Date: -J("'/~ (J~ ZOOV' Number of Pages: /0 ,I
h1l.-L r,,(J 1/2- 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: ,I
I' o Individual Top of lhumb here
1 o Corporate Officer - Title(s): I
1 D Partner - 0 Limited 0 General 1
o Attorney.in,Fact I
o Trustee I
o Guardian or Conservator
o Other' '1
1
I, Signer Is Representing: 1
,
C 1999 National Notary AssocIatIOn' 9350 De Solo Ave., P.O. Box 2402' ChalSworth, CA 91 313-2402' www,natlonalnotaryorg Prod. No. 5907 Reorde~ Call TolI.Free 1.800-ll76-6827
<< 14158 .
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RESOLUTION NO P-D4-13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 03-10, VARIANCE 03-10
AND DEVELOPMENT REVIEW 03-11
ASSESSOR'S PARCEL NUMBER 317-021-25.
WHEREAS, Condilional Use Permit (CUP) 03-10, Variance (VAR) 03-10 and
Development Review (DR) 03-11 was submitted by Ismail A Aqil, Applicant, 10 allow for
lhe conslruction of an aulo repair building and legalization of an equipment renlal facility
(U-Haul) on an existing developed commercial site, The request also includes a
Variance 10 allow the new auto repair facility 10 observe a O-foot setback where a 25-
foot selback is required adjacent to a residential zone, The subjecl property is localed
in lhe Commercial General (CG) zone, and;
WHEREAS, on February 27,2004, the Cily Council held a duly advertised public
hearing to solicit commenls from the public, both pro and con, relative 10 this
application,
NOW, THEREFORE, BE IT RESOLVED by the City Council of lhe City of Poway
as follows:
Section 1 The Cily Council has considered the Environmenlal Inilial Sludy (EIS),
Negative Declaration (NO), and public comments received on lhe EIS and NO The
subjecl EIS and NO documenlalion are fully incorporaled herein by lhis reference The
City Council finds, on the basis of the whole record before it, thaI there is nosubstanlial
evidence the project will have a significanl impacl on the environment, and that the NO
reflects lhe independent judgment and analysis of the Cily The Cily Council hereby
approves the NO
Section 2: The findings; in accordance with Section 1748.070 of the Poway
Municipal Code, for Conditional Use Permit 03-10 to conslructa 5,000-square-foot auto
repair building and legalize an equipment renlal facility on an approximalely O,76-acre
partially developed property located on lhe west side of Pomerado Road, north of
Poway Road in lhe Commercial General zone, are made as follows:
A The location, size, design, and operaling characteristics of the proposed auto
repair and equipmenl rental facility is in accord with the title and purpose of
Chapter 1748 of lhe Poway Municipal Code (Conditional Use Permit
Regulalions), lhe CG zone, lhe City General Plan, and the development policies
and standards of the City in lhal auto repair facilities and equipment rental
facililies are allowed wilh a Conditional Use Permil, lhe project will nol
significantly impact traffic circulation or parking, and the facility has been
designed and sited such lhat it will be compatible wilh the surrounding
development
EXHIBIT A
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! 14159 \
Resolution No. P-04-13
Page2
B The localion, size, design, and operation characterislics of the proposed auto
repair building and equipment rental facility will be compatible with and will not
adversely affecl or be materially delrimental to adjacent uses, residents,
buildings, structure, or natural resources in tlial the facility will be located on a
vacant portion of a previously developed lot, has been designed and siled such
thaI it will provide parking and a screening wall.
C The proposed auto repair building and equipmenl rental facility is in harmony with
the scale, bulk, coverage, and density of, and is consistenl with, adjacenl uses in
that the design of, lhe proposed facilily is consistent and complimentary to
surrounding buildings,
0 There are adequate public facilities, services, and ulilities available allhe subject
sile to serve lhe proposed use,
E. There will not be a harmful effect upon the desirable surrounding property
characterislics' in that the design of lhe proposed facilily will be consistent and
complimentary to buildings within lhe surrounding area The bay doors will be
oriented away from adjacent residential uses,
F The generalion of traffic will not adversely impact the capacily and physical
character of the surrounding slreels in thaI lhe proposed use provides on-site
parking as required by the Zoning Code requirements and will lake access from
Pomerado Road,
G, The site is suitable for the type and inlensity of use and development, which is
proposed in that the proposed project is located along Pomerado Road and in
the vicinity of existing commercial development
H, There will not be significant harmful effects upon environ menIal quality and
nalural resources in lhat the proposed aulo repair building and equipment rental
facilily is located on a previously disturbed property, and does not involve the
removal of significant natural habital resources,
I. There are no relevanl negative impacts associaled with lhe proposed auto repair
building and equipment renlal use thaI cannol be miligated,
J That lhe potenlial impacls, and lhe proposed localion, size, design, and
operating characleristics of the proposed project will nol be materially injurious to
properties or improvements in the vicinity, nor be conlrary to lhe adopted General
Plan, in lhal the auto repair building has been designed and siled such that no
visual impacts will result, and lhe overall site developmenl will be in compliance
wilh design standards of the General Plan. The auto repair bay doors have been
orienled away from lhe adjacent residential uses so that lhe visual impacts from
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Resolulion No P-04-13
Page 3
a commercial business will be reduced, Additionally, with lhe doors direcled to
the south, the noise from the use will be reduced,
K. The proposed aulo repair building and equipmenl renlal facility will comply with
all the applicable provisions of Chapler 17 48 of the Poway Municipal Code in
lhat lhe facilily has been designed and sited such that il will not resull in visual
impacts,
Section 3: The findings, in accordance with Section 1752,010 of the Poway Municipal
Code for DR 03-11, for an auto repair building, are made as follows:
A, The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties because lhe structure
has been designed to be,architecturally compalible with adjacenl commercial and
apartmenl buildings in the area.
S. The developmenl encourages the orderly and harmonious appearance of
struclure and property within the City through its consistency with the City of
P6way development slandards and compatibility with surrounding architectural
lhemes,
Section 4: The findings, in accordance with Section 1750.050 of lhe Poway Municipal
Code, 10 approve Variance 03-10 to allow a O-foot slreet side yard setback rather than
the required 25-fool setback for a 5,000-square-foot slorage building and lrash
enclosure located at 13530 Pomerado Road in the Commercial General (CG) Zone, as
shown on the site plan daled December 1, 2003, are made as follows:
A ThaI there are special circumstances applicable to lhe property and because of
lhis the strict applrcalion of the zoning ordinance deprives the property of
privileges enjoyed by olher properties in the vicinily The special circumstances
include the fact the subject parcel is long and narrow, and has increased setback
requirements because it is adjacent to a residential zone; and,
B Granling lhe Variance is necessary for the preservation and enjoyment of a
subslantial property right enjoyed by olher property owners in lhe same vicinily
and not afforded to the property for which lhe Variance is soughl because the
developable area of the lot is minimal because of lhe shape of the property, is
constrained between the lack of developable space and adjoining developed
existing commercial uses to lhe soulh; and,
C Granting the Variance would not be malerially detrimenlal to the public health,
safety, or welfare in the vicinity in that lhe proposed auto repair building and trash
enclosure will be constructed and painted to match the exisling liquor slore; and
will provide a noise buffer for lhe adjoining residential use to the north; and lhe
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Resolulion NoP-04-13
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auto repair doors will be oriented away from lheresidenlial uses 10 reduce noise
and visual impacls; and the addilional landscape screening will also provide a
visual buffer to nearby commercial uses; and,
0 That lhe granting of this Variance does not conslitute a, special privilege that is
inconsistenl with lhe limilation upon other properties ih lhe vicinity and zone in
thaI the existing commercial use to the soulh also observes a O-foot setback;
and,
E Granling the Variance would nol allow a use or activity not otherwise expressly
aulhorized in the CG zone wilh the approval of a Conditional Use Permit; and
F That the proposed Variance will be compalible with the City's General Plan
because lhe use/facilities are permitted with the approval of a Condilional Use
Permit
Seclion 5 The City Council hereby approves CUP 03-10, VAR 03-10 and DR 03-11
10 allow for lhe construclion of an auto repair building and legalization of an equipment
rental facility (U-Haul) on an existing developed commercial site The requesl also
includes a Variance to allow the new auto repair facilily to observe a O"foot setback
where a 25-foot selback is required adjacenl to a residenlial zone, as shown on lhe
plans daled December 1, 2003, subject to the following conditions:
A Approval of lhis CUP, VAR and DR request shall apply only to the subject project
and shall not waive compliance wilh all sections oflhe Zoning Ordinance and ail
other applicable City ordinances in effect at lhe lime of Building Permil issuance
B Wilhin 30 days of the date of this approval: (1) the applicant shall submit in
wriling lhat all condilionsof approval have been read and understood; and (2) the
property owners shall execule a Covenanl Regarding Real Property
C The use condilionally granted by this approval shall not be conducted in such a
manner as to inlerfere with the reasonable use and enjoymenl of surrounding
uses,
0 The conditions of CUP 03-10, VAR 03-10 and DR 03-11 shall remain in effect for
the life of the subject auto repair building and equipment renlal facility, and shall
run with the land and be binding upon future owners, successors, heirs, and
lransferees of the current property owner
E, CUP 03-10, VAR03-10 and DR 03-11 may be subject to annual review as
determined by lhe Director of Developmenl Services for compliance with lhe
conditions of approval and 10 address concerns that may have been raised
during lhe prior year'
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14162 Resolulion No, P-Q4-13
Page 5
F The applicant shall submit and receive approval of a Grading Plan wilhin 90 days
of this approval. If no Grading Permil is approved within lhis time lhe equipment
rental business shall cease and all equipment removed from the site by May 1,
2004
G Upon approval of lhe Grading Permit, the applicanl shall diligently pursue
construction of lhe parking lot, and walls 10 legally establish lhe equipnienl rental
business. If the Director determines that adequate progress is not being made in
reliance on this CUP lhe matter may be scheduled for Public Hearing for
reconsideration,
H, Prior to Grading Permil issuance, unless other timing is indicated, the
appliGanUdeveloper shall complete the following:
1 A grading plan for development of the lot prepared on a Cily of Poway
standard mylar at a scale of 1" = 20', shall be submitted along with a
Grading Permit application and applicable fees 10 the Development
Services Department - Engineering Division for review and approval. A
grading plan submittal checklist is available at lhe Engineering Division
fronl counler. As a minimum, the grading plan shall show lhe following:
a. Tops and toes of graded slopes shall be shown with a minimum
five-foot setback from open space areas and property lines,
Buildings shall be located at least five feet from tops and toes of
slopes,unle~s waived by the Planning and/or Engineering Division
prior 10 issuance of a Grading Permit.
b Driveways, in compliance wilh the specifications provided in
Section 17 08,1700 of the Poway Municipal Code, and including
minimum struclural seclions logether with lheir elevations and
grades,
c, A separate erosion conlrol plan for prevention of sedimenl run-off
during construclion,
d. All utililies (proposed and exisling) together with their
appurtenances and associated easements Encroachmenls are not
permitted upon any easement without an approved Encroachment
AgreemenUPermit.
e, Localions of all ulilily boxes, clearly identified in coordinalion wilh
the respective ulilily companies, and approved by the City prior to
any installalion work,
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Resolulion No, P-04-13
Page 6
f Paving of lhe parking 101 shall conform 10 the standards set forth in
Section 12,20 080 of lhe Poway Municipal Code
g, Retaining walls with lop and bottom elevalions,
2, A soils/geologiq:iLreport shall be prepared by an engineer licensed by the
State of California 10 perform such work, and shall be submitted with the
grading plan,
3 A drainage study, :l:lsing the 1 DO-year storm frequency criteria shall be
submitted with the grading plan, The drainage system shall be capable of
handling and dj!iposihg all surface water within the project site and all
surface water floWing onto lhe project site from adjacent lands. Said
system shall include all easements required to properly handle the
drainage, Concentrated flows across driveways are not permitted,
4 The grading plans shall demonstrate that drainage calch basins, inlets,
grate basins or Similar struclures shall be designed 10 be equipped with
structural Best Management Practices (BMP's) for jnlerception of
pollutants and/or sedimenls before leaving the project sile BMP's are
subjecllo review and approval of lhe City
5 The grading plans shall demonstrate lhe project is in compliance with the
Standard Urban Slormwaler ManagementPlan Ordinance No. 569
6, The applicant shall pay all applicable engineering, plan checking, permil,
and inspection fees, as follows,
Grading Permit = $100,00 per permit
Grading plan check = To be delermined based on the
following:
If lhe conslruction cost estimale is:
$1 to $25,000 = fee is 5% ($500 min,)
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$25,00110$50:000 = add'l fee of 4% of cost
$50,001 to $100,000 = add'l fee of3% of cost
$100,001 to $500,000 = aden fee of 2% of cosl
over $500,000 = Time and materials
Grading Inspection = To be determined on the same basis as
in grading plan check fee calculation
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14164 I
Resolulion No. P-04-13
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Conslruction cosl eslimates are calculated based on City approved unit
costs and prepared by the applicant's projecl civil engineer
Geotechnical Reviews - $1,30000 (Limiled to 1 review of preliminary
soils reportand.1 review of compaction report, Addilional reviews fees will
be charged if necessary )
Stormwater Treatment Review - $500
7 Grading securilies in the form of a performance bond and a cash deposit,
or a letter of credit shall be po sled with lhe City prior to grading plan
approval. Aminimuin of $2,000 cash security deposit is required.
8 Prior to any rock blasting, a pre-blast survey of the surrounding properties
shall be conducted to lhe satisfaction of the Director of Developmenl
Services, and a Blasling Permil shall be obtained from the Engineering
Division, Seismic recordings shall be taken for all blasting, Blasting shall
occur only at locations and levels approved by the Director of
Developmenl Services,
9 Should lhere .be a need for a new fire hydrant, a water system analysis
shall be prepared to establish the proper size and location of the public
water system, Applicant shall pay to the City lhe cosl of preparing the
analysis, If water improvemenls are required, lhe applicant shall submit
improvemenl plans along with plan check and inspection costs for
approval by the Engineering Division,
L The applicanl shall oblain a Building Permit prior to installation of the facility
Prior to issuance of a Building Permit, the applicant shall comply with the
following:
1 The applicanrshall comply with the latest adopted Uniform BuildiQg Code,
National Electric Code, CCR Title 24 and all other applicable codes and
ordinances in effect at the time of Electrical/Building Permit issuance,
2. The site shall be developed in accordance wilh the approved plan on file
in the Development Services Department (dated December 1, 2003) and
lhe conditions contained herein, A final inspection from the appropriate
City Departments will be required,
3, A $2,000 security shall be posted with the City 10 insure compliance with
erosion and poHutant control measures and for any emergency cJean up
during construclion, if necessary
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Resolulion No, P-04-13
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4 The applicant shall attend a preconstrl!~ction meeting, at which time they
shall present an Action Plan lhal identifies measures to be implemented
during constructioh 10 address erosion, sediment, and pollutanl control.
Compliance for erosion conlrol can be provided using one or more of the
following guidelines:
a Provide an onsite desiltalion basin with a volume based on 3,600
cubic feet per lributary acre drained.
b Cover all fiat areas wilh an approved mulch.
c. Inslall an earthen or gravel bag berm that retains 3 inches of water
over all disturbed areas prior 10 discharge, effeclively crealing a
desiltation basin from lhe pad,
5 The site shall be developed in accordance with the approved site plans
and conditions ,of approval on file 'in the Development Services
Department and the conditions conlained herein, Grading of lots shalf be
in accordance with the Uniform Building Code, the City Grading
Ordinance, the approved grading plan, the approved soils report, and
grading practices:acceptable 10 the Cily
6, Erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer throughout construction of the
project
7 Construction. slaking is to be installed and inspected by the Engineering
Inspector prior 10 any clearing, grubbing, or grading, As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with lathe and ribbon, A written
certificalion from lhe engineer of work or a licensed surveyor shall be
provided to the Engineering Inspector stating lhat all protecled areas are
staked in accordance with lheapproved projecl plans
B. Rough grading is to be completed and meet the approval of the City
inspector and shall include submittal of lhe following:
a, A certification of line and grade for lhe lot, prepared by the engineer
of work,
b. A final soil compaction report for each lot for review and approval
by lhe Cily
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Resolulion No P-04-13
Page 9
9 If a new fire hydrant is required, tile applicanl shall apply to the City for
dedication of a public Water easement
10 Prior 10 start of any work within Citycheld easements or right-of-way, a
Righl~of Way Permil ,shalLbe obtained: from the Engineering Division of the
Development Services Department All appropriate fees shall be paid
prior to permit issuance,
11, The .applicant' shall apply for a Cily Righl,of-Way Permit to close the
existing northerly driveway of the projecl site and remove and replace it
with sidewalk, The permit shall also include widening of the existing
southerly driveway to a maximum widlh of 30 feet and proposed loading
zone on Ponieh:ido Road.
12, The following development fees shall be paid 'to the Engineering Section
prior to Building Permit issuance. These fees are currently in effect and
are subjectlochange,
Water base capacity fee - lhisfee is based on the size of the waler
meter, applicant to inform lhe Cily of the!size of water meter to be set
For 1" meler = $6,678.00 per meter
For 1 5" meter = $10,38800 per meter
Other meler sizes = Conlacl Engineering Division
Water meter fee - Applicant to inform the City of the size of the water
meler to be set
For 1" meler = $270,00 per meler
For 1 5" meter = $600,00 per meler
SDCWAcapacity charge - This fee is payable to lhe San Diego Counly
Water Authorily and to be paid by separate check made payat:llelo Sari
Diego CountyWaler Authority butremitted through the City of Poway This
fee is based on the size of the waler meler to be set
For 1" meter = $3,206 00 per'meter
For 1 5" meter = $6,012,00 per meter
Sewer connection = 5,000 sf x 1 EDU/2,000 sf =2,5 EDU's
2.5 EDU'sx$2:356 = $5,890
Sewer cleanout = $50 00 per cleanout
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14167
Resolulion No, P-04-13
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Sewer cleanout inspection = $25,00 per clean out
Tr~ffic mitigation fee
Auto repair = 5,000 sf x 20 t[ips/1 000 = 100 trips
100 trips x $66/trip x 0,25 = $1,650
Truck rental = 8 slalls x 7 trips/stall = 56 trips
56 trips x$66/trip x 025 = $924
Drainage fee = $1,570
Park fee = None
13 Complele landsc:<'lpeconslruction documents for new landscaping shall be
submitted to and approved by the Planning Division, A landsCaRe plan
check deposit ,is required upon submittal of lhe plans, Plans shall be
prepared in accordance with the City of Poway Guide 10 Landscape
Requirements (latest edition) and shall also incorporate the following to
the satisfaclion of the Direclor of Development Services:
a, Sighl distance 10 the satisfaction of the Cily's Traffic Engineer
b Location and detail of parking lot lighting.
c, Striping required for parking lot
d, Landscaping within the 5-foot-wideplanter along the west, north
and south property line shall be dense 10 discourage people from
entering the planler area, The lrees will provide screening of the
adjacent residenlial development
e, Details of trash enclosure to include solid gales and consislentwilh
the building archilecture and malerials of the main structure to lhe
satisfaction of the Director of Developmenl Services, The lrash
enclosure shall not exceed 6,feel in height
14 The applicanl shall oblain permils from the San Diego County
Environm!3ntal Health Hazardous Materials Division for lhe handling and
transportalion of hazardous wasle
15 Details of lhe exterior lighting (building, security and parking lot) shall be
included, on lhe building plans, incluping fixture lype and design, The
lighting delails shall be included on lhe building plans, All new exterior
lighting fiXtures shall be low-pressure sodium, and designed such thaI they
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14168 I
Resolution No P-04-13
Page 11
reflect light downward and away from streets and adjoining properties
pursuanllo Poway Municipal Code Section 17.08.220L
16 Plans shall include information about lhe number, lype, and height of
proposed roof 101? equipment Building plans shall demonstrate that roof
lop equipment' will be'screened by parapet
17 Building plans shall show lhe existing liquor store building and changes
proposed 10 bring it inlo compliance wilhc\Jrrent slandards, and make it
compatible with the proposed auto repair building, 10 lhe satisfaction of the
Director of Development Services. The plans:shall include information on
exisling and proposed wall signs, exislirig'and proposed exterior lighting,
and proposed paint colors for lhe exisling'liquor slore,
18 The applicant shall submit a signed and notarized agreement, 10 the
satisfaction of lhe Director of Development Services, to allow any vines
planled on a decorative iron fence, placed on t'op of the existing low wall
on the north property line, to grow onlo lhe rear wall of the auto repair
building, This agreement shall specify main,tenimce responsibilities and
types of vines to be.planted adjacent to the auto repair-building wall.
J Prior 10 the issuance of a Certificale of Occupancy, lhe following shall apply'
1 Driveways,. loading area, drainage facilities, retaining walls, block walls,
slope landscaping and protection measures, and ulililies, shall be
constructed, completed, and inspected byfheEngineering Inspector
2, An adequale drainage system capable of handling and disposing all
surface water shall be provided 10 the satisfaction of the Engineering
Inspector
3. All proposed utililieswithin the project site shall be installed underground,
4 The applicant shall repair, 10 the satisfaction of lhe City Engineer,
damages to the streets caused by conslruclion activily from lhis project
5 Any required easements shall be recorded,
6, The northerly driveway shall be closed and the soulherly driveway
enlarged to commercial standards, as per submitted plans,
7 Record drawings, signed by the engineer of work, shall be submitted to
Engineering prior to a request of occupancy, per seclion 16.52,130B of lhe
grading ordinance Record drawings shall be submitted in a manner to
allow the Cily adequate time for review' and approval prior to issuance of
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1416"9
Resolution No P-Q4-13
Page 12
occupancy and release of grading securities,
8, Landscaping, irrigation, paving, and striping shall be inslalled in
accordance with lheapproved landscape plans,
9 The 10 spaces for equipment rental parking must be labeled on the
asphalUconcrete parking lot with white or yellow paint so that they are
maintained as. approved wilh this CUP and to the salisfaction of lhe
Director of Development Services, The spaces shall be labeled
"Equipment Rental" in minimum 6-inch letters,. No additional spaces rnay
be used forlhe parking or slorage of equipment rental.
K The applicant shall comply with lhe following requirements to the satisfaction of
the Director of Safety SerVices:
1 Roof covering shall be fire retardant as per Lise Section 1503 and 1504,
and City of poway Ordinance No, 64
2. The building shall display their numeric address in a manner visible from
the access slreeJ Minimum size of lhe building numbers shall be six
inches on the front facade of the building, Building address shall also be
displayed on lhe roof in a manner salisfaclory to the Director of Safety
Services, and meeling Sheriffs Dept - ASTREA crileria,
3. Every building hereafter constructed shall be accessible 10 Fire
Departmenl apparalus by way of access roadways wilh all-weather driving
surface of not less than 20 feet of unobstructed width, with adequate
roadway lurning radius capable of supporting lhe imposed loads of fire
apparalus having a minimum of 13'6" of vertical clearance, The road
surface type shall be approved by lhe City Engineer, pursuant to the City
of poway MuniCipal Code
4 The new building and exisling liquor store will be required to install an
approved fire sprinkler system meeting P M,C requiremenls, The entire
system is to be monitored by a cenlral monitoring company Syslem posl
indicalor valves with tamper swilches,also monilored, are to be located by
the City Fire Marshal prior to installation; A breakaway padlock shall be
required for lhe fire sprinkler syslem post indicator valve
5 A 'Knox' Security Key Box shall be required for the building al a localion
determined by the City Fire Marshal.
6 Fire Department access for use of fire fighting equipmenl shall be
provided 10 lheimmediate job construction site at lhe start of construclion
and maintained at all times unlil conslruction is compleled,
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Resolulion No, P-Q4-13
Page 13
7 Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings,
8 Minimum 2A40BC fire extinguisher required for every 3,000 square feel
and 75' lravel distance
9 The addilion of on-site fire hydrants is required, The location of lhe
hydrants shall be delermined by lhe Cily Fire Marshal.
10 Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building,
11 Prior 10 delivery of combustible building malerial on sile, water and sewer
systems shall satisfaclorily pass all required lesls and be connected to the
public water and sewer systems. In addition, the first lift of asphalt paving
shall be in place to provide adequale, Rermanent access for emergency
vehicles. The final lift of asphalt shall not be inslalled until all olher
construction aclivity has been substantially completed to lhe satisfaction of
the City
12, NFPA Standard 704, Hazardous Materials Labeling, shall be provided
as necessary lhroughout the building.
13, Fire sprinkler riser(s) shall be located within ten (10) feel of an exterior exit
man door or shall be located inside an enclosed closet with an exlerior
access man door Door shall be labeled with a sign indicating "Fire
Sprinkler Riser" When the closel method is chosen, applicant shall
provide 36 inch!,!s of clearance from the slandpipe or attached additional
risers, accessible by a 3'-0" man door
14 Dead end access roadways in excess of 150 feet long shall be provided
wilh approved provisions for the turning around of Fire Departmenl
apparatus, Curves and topographical conditions could aller the
requirements for turnarounds and the widlh of access ways,
15 A water analysis shall be required 10 determine required fire flow for fire
proteclion pLirposes,
L Upon eslablishmenl of the auto repair building and equipment rental facilily,
pursuant to CUP 03c10, VAR 03-10, and DR 03-11, lhe following shall apply'
1 All facilities and related equipmenl shall be mainlained in good repair
Any damage from any cause shall be repaired as soon as reasonably
possible so as 10 minimize occurrences of dangerous conditions or visual
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14171 Resolution No, P-04-13
Page 14
blight
2. The owner or operator of lhe facilily shall routinely and regularly inspect
lhe site 10 ensure compliance wilh the slandards set forth in lhis permit
3, All lighting fixtures shall be mainlained such lhat they reflecl lighl
downward, away from any road or streel, and away from any adjoining
residential development
4 All landscaping, including areas within lhe adjacent public right-of-way,
shall be adequalely irrigated and permanenlly and fully maintained by the
owner at all times in accordance with lhe requirements of lhe City of
Poway Guide to Landscape Requirements, The trees shall be
encouraged and allowed 10 relain a natural form. Pruning should be
restricted to maintain the health of the lrees and to protect lhe public
safety Trees should be trimmed or pruned as needed to develop strong
and heallhy trunk and branch syslems, Tree maintenance and pruning
shall be in accordance wilh "American Nalional Standard for Tree Care
Operations" latest edition (ANSI A300). Trees shall nol be topped and
pruning shall not remove more than 25% of the trees' leaf surface,
5 The parking areas and driveways shall be well maintained,
6 Any signs proposed for this development shall be designed and approved
in conformance with the Poway Municipal Code and require the approval
of a separate Sign Permit
7 No auto repair work is permitted outdoors, All work must be done inside
of the building,
8, Parking of renlal equipment shall occur in specified areas only
9 Any changes to the site plan for this CUP approval for lhe auto repair
building and equipmenl rental facility, require a CUP modification to be
submitted reflecting lhe proposed modificalions to this approval.
10 Auto repair work shall be conducted between 7 00 am, and 9'00 p.m,
Section 6, The approval of CUP 03-10, VAR 03-10 and DR 03-11 shall expire on
February 17, 2006, at 5'00 p.m, unless, prior to that lime, a Building Permit has been
issued and construction on lhe property in reliance on the CUP approval has
commenced prior to its expiration,
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- 14172
Resolution No P- 04-13
Page 15
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 17th day of February 2004
ATTEST
~~~~
Lori nne Peoples, City CI rk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No P-04- 13 , was duly adopted
by the City Council at a meeting of said City Council held on the 17th day of February
2004, and that it was so adopted by the following vote.
AYES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN NONE
ABSENT NONE
Lon nne Peoples, City Clerk
City of Po way