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Grant Deed 2006-0577865 - 01-15-2008 10:38 }~~~~- -........ . T-872 P 006/00T H3l rW REC~GJQ~TED BY'. ' J,p DOC# 2006-0577865 11111111111111111111111111111111111111111111111111111111111111 11111111 j'PD '\.EcJ;i ~beM~1&:, :.)yMeS C;-. lJieL- ','. AUa 14. 2006 4 44 PM I Cb~ 'MG,Jf~l.Ji.s:-M RJ, OFFIOAL RECORDS $..6J1 tirE GO COUNTY ~ECORDER'S OFFICE GREGORY J. SMITtt CQUNTYRECOADEFl POWq~J CJ\ 9206Y FEES: 10.00 DC, DC F-p.~t:5' , !tPN - 275-%0'01./ - '/ IIUWUlllBilIDIUWIHW IImum ~lllIm 111111111101 , Sp.:l.~C above (his line reserved ror RecordtT'S U.s~ ~~ 3724 GoV!. Code 26361.6 y ;t'rJ-h~rmJ<d;"IL- cry raAA. p ~d I (Pleilsc fill in doc:urncnllillC(s) on (hj~ line) GOVT. Code 27j24 . I I I I THIS PAGE ADDED TO PROVIDE ADEQUAlE SPACE FOR RECORDING IN Go\'!. Code 21361.6 FORMA nON 1 (Addil/on., reoording r"" applies) I , 1 .. -- - - -.-- ,.,,, .- SAN DIEGO,CA DOCUMENT 00 2006.577865 Page 1 of2 Printed on 1/15/2008'10:25:22 AM Provldod by.OataTrace System - . . T-9T2 P DOT/DOT F-83l 01-15-2008 10 38 FROM- 'lJ . 3725 , .r RECORDING R~.aUESTIm Qy: SOUTHLAND TITLE AND WHEN RECOROEO MAIL "'0; J.qmt.::s S. \Vlel 12695 Monto Vlaf.O: Rd Poway, CiJ 92064 A.P.N.~ 275-460..04.{)O Order No.; 363n712 ~c.rCw Ho.:. EiC16021.TP SPAce ABOVETHlS LINE IS FOR ReCORDER'S USE INTERSPOUSAL GRANT DEED 'HE UNDERSIGNED GRANTOR(S) DECLARE(S) THEORE IS NOCONSIDERA TION FOR THIS TRANSFER ond II is exempt trom Oocumen"'ry Tronsfer Tax pursuanllo ~1 191 1 of the Revenue and Taxation COde This 1$ an INTERSPOUSAL TRANSFER and thi~ van$fer Is exempt form reaS$essmBnt pursuant to ~63 of the Revenue and Taxation Code. Ftom joint tenancy, to community property ! From one spOuse to the Cth6~ spouse From bath spouses to One spouse From One spOuse to both spouses GRANTOR: Ellon T. Wall ~pouse of I3rii1nteo h.re~y GRANT(S) :0 J<:l/'nes S. Well, a maTfled man as his sols andsoPltl11to pr'QPerty tne fOllowing deSCribed p~perty. In lhe County of San Diego. St~te of CalIfomla, ParCel B In The City ot Poway, County DrSan Diego, Slate of California. as shown on page 13746 of Parcel Maps, filed in the office'of the County Recorder ofS3rl'DiegoCounty April 10, 1985. Assassor's Parcel No, 275-460-64 ,Daled: july 19, 2006 STATE OF CALIFORNIA } COUNTYO~ -:;~r-. DIi'"~"'''' ss. 21~,~V;i (:~'.:;~,<"r Mfo!,&me 9.-Q:t:J.Jo / /. /f~ ,...E1I~nT.Well ;:1 Notary F'ublle. pOrBIJ~ly appeared F"r~ T. eJ-. J ~ ~ ~. ~ . ~ MIC~ EMtCONi\o -1 personally,~own to me (or proved to me onthe l:I~i$of @ Comm1,,'an # 1394602 satJsfaCIOl)' evldlJrl.cel tc;l be:; the P-etSon(s) ;w1'O~l'J nB'me(s) _Ware ~ ;.~ Nljl~,~ Public. CQlifornlo ~ ~utl':>c(ibBd \0 u,e wllhin InstftJflient I,H)d ~CknOVv'ledQOd to me IMI I'IeJ:!ihe/tne)"exticuled tl"I_& :!iamB In "lSfh8rlthe\r,.tlli\horl~ftcl i - - $an or09O County t ca~11';l(i9s1 Bfld U'\Ol;tby hlshler/thBIr algn.a.tum(s)-an-tM . . -. My,COm'fn.txplll)$,)QnHI,2007 lnsttumelll the person(~}..o( the entllY upon beh;)lfut wtllctl the I ... ~_ _~~.. .. person{$); i'lC'lad, e:r:ceuted Vle In:slrumen!. WITNESS my hand and offlcl:J.1 ....eaL (This Area 'Dr Notary Selll Only) SIgna1utB ~~ '" - Slnnature of NOtary MAIL TAX STATEMENTS AS DIR5CTEO ABOVE .--- .. '~'__n SAN 0IEGO;CA DOCUMENT DO 2006.577865 P3g0 2 0' 2 Printed on 1/15/2008 10:25:22 AM Providod by DataTracQ System . . . RESOLUTION NO P-08-01 3726 A RESOLUTION OF THE CITY COUNCIL GF THE CITY OF POWAY,CALlFORNIA, APPROVING CONDITIONAL USE PERMIT 07-05, DEVELOPMENT REVIEW 07-02 ANQVARIANCE 07-06, AND RESCINDING RESqLUTION NO 00-37 ASSESSOR'S PARCEL NUMBER 2750460-64 WHEREAS, a request for Conditional Use Permit (CUP) 07-05. Development Review (DR) 07-02 and' Varianc!'l (VAR) 07-06 were submitted by Kit Ashley, CCA/Architects to demolish an existing structure, and construct and operate a new 24- bed assisted livingfacilityl convalescent home at 12708 Monte Vista Road, in the Commercial Office (CO) zone The request includes a Variance to' (1) allow an assisted living facility on the 0 48"acre property where tvoJo acres is the minimum lot size for this use, (2) allow a six"footchigh open fence in the (rbnt yard where four feet is the maximum height allowed. and,(:3) waive the requirement for an eight-foot-high wall on the east property line shared with a residentially zoned property; and WHEREAS, the City Council has read and considered the Agenda Report for the proposed project and has considered other evidence presented at the public hearing, and \i\lHEREA~, on January 15', 2008, the City Council held a publiche'aring on the abbvecreferenced item. NOW, THEREFORE, BE IT RESOLVED by the, City Council of the City of Poway as follows Section 1 An EnvironmehJallnitial Study (EIS) was completed for the project. It was determined that the projec~ will not have a signific',lnt adverse impact, on the environment. The City Council therefore approves a Negative Declaration (ND) for the proposed uses Section 2, The findings, in accordance with Section 1748070 of the Poway Municipal Code, for CUP 07-06, to allow an assisted living facility to be located, at 12708 Monte Vista Road as follows. A. The proposed assisted living facility .is consistent with the title and purpose of Section 1748070 of the Poway Municipal Codei the purpose of the zone in which the site is located, the City General Plan, and the development policies and standards of the City in tha,t' convalescent home uses are permitted in the CO zone with a Conditional Use Permit; and B The location, size, design and operating characteristics of the assisted living facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses as the facility is surrounded by other convalescent home facilities, and -- Attachment B . . 3727 Resolution No P-08-01 Page 2 C The harmony in scale, bulk"coverage and density of the assisted living facility will be consistent with adjacent uses because the site will be developed with facilities and buildings that have been designed to be compatible with surrounding structures. and D The proposed assisted living facility use wi Ii not affect existing public facilities, services and utilities at the site. and E, The proposed assisted living use will not have a harmful effect upon desirable neighborhood charactEHistics because the building design and landscaping will be consistent with'thesurrounding development; and F The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that.theincrease in traffic from the assisted living facility will not be significant given the existing traffic volumes and flows in the area, and G The site is suitable for the type and intensity of use in that the assisted living facility is consistent with surrounding uses, The size and scope of the facility conforms to development standards, except as provided for by a Variance as discussed below; and H The proposed developrri?nt will not have significant harmful effects upon environmental quality and natural resources, and I There are no other relevant negative impacts ofthe development that cannot be mitigated, and J The proposed assisted living facility use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, and K. Tl:1e proposed assisted living facility use will comply with each of the applicable provisions of Title 17 of the Poway Municipal Code, except as provided for by a Variance as discussed below Section 3, The findings, in accordance with Section 1750050 of the Poway Municipal Code, to approve Variance 07-06 for a proposed assisted living facility/convalescent .home at 12708 Monte Vista Road, in the CO zone to (1) allow an assisted living facility on the 0 48-acre property where two acres is the minimum lot size for this use, (2) allow a six-foot,high fence in the front yard where four feet is the maximum height allowed, and (3) waive the requirement for an eight-foot-high wall on the east property line shared with a residentially zoned property, are made as follows . . 3728 Resolution No P-08-01 Page 3 A. That there are .special circumstances applicable' to the property and because of this the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification in that: (1) the minimum 2-acre lcit size is not needed to ensure compatibility of the use with surroundingcommerciOl.1 uses because the subject site is adjacent to two other care facilities and'the project has been designed with underground parking to ensure adequate open area onsite. (2) a six-foot-high fence that is open is allowed in the City's residential zones and is appropriate for the proposed use in that it will not detract from the openness of the front yard area, and (3) an eight-foot"high wall along the east property line is not feasible due to a 20-foot-wide access easement along the east property line. and the wall is not needed as a buffer because the adjacent residentially zoned property to the east is developed with a convalescent home, and B. Granting the Variances a[e necessary for the preseniation and enjoyment of a substantial property tight enjoyed by other property owners, in that: (1 ) neighboring properties, one of which are less than two acres in size, are developed with convalescent homes, (2) neighboring properties have secure yards for residents, and (3) a buffer wall adjacent to the neighboring convalescent home is not needed si,:!ce it is a similar use, and C Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the, Vif:inity in that: (1) the small facility is surrounded by similar uses and the l!nderground parking will allow for sufficient recreational and landscaped area for the use, (2) the 6-foot-high, OPEln,decorative fence will allow for viewing of onsite landscaping and the building as seen from the street; and (3) the two neighboring uses are similar and the absence of the wall will not impact the adjacent property; and 0 That granting of this ~ariance does not constitute a special privilege that is inconsi~tent with theliinitation upon other properties in the vicinity and zone in that neighboring properties both located in the C.ommercial Office or Rural Residential C zones are developed with convalescent homes; and E, Granting the Variance would not allow a use or activity not otherwise expressly authorized by the CO zone because a convalescent home is permitted with approval of a ,CUP; and F That the proposed Variance will be compatible. with the City's General Plan because the use is permitted and does not result in a density increase Section 4 The findings, in accordance with Section 17 52 of the Poway Municipal Code, for DR 07-02 are made as follows . . . 3729 Resolution No P-08-01 Page 4 A. The project is consistent with the Poway General Plan and has been designed to comply with Commercial Office standards, except for the lot size, fencing height and absence of a buffer wall, for which a Variance cai:1 be supported; and B The project will not have an adverse health, safety. or aesthetic impact upon adjoining properties in thcitthe project's infrastructure improvements, grading and building are in compliance with ail City development standards, and C That the project is in compliance with the Zoning and Grading Ordinances in that the project complies with all City development standards, except the lot size. fencing height and absence of a buffer wall, for which a Variance can be supported; and o That the development encourages the orderly and harmonious appearance of structures and property within the City as the proposed structure is consistent with and complementary to nearby developed properties Section 5 The findings .in accordance with Government Code Section 66020 for the public improvements are made as follows A.. 'fhe design al:ld improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because aiL necessary services anp facilities will be available to serve this project. The payment of fees toward public improvements is r;leeded as a result of the proposed development to protect the public health, safety, and welfare as identified below' 1 The project requires payment of water, sewer, and traffic mitigation fees, which are assessed on a pro-rata basis to finance and provide public infrastructure improvements to promote a safe and healthy environment for the residents of the City Section.6 The City Council hereby approves CUP 07-05, DR 07-02 and VAR 07-06, a request to demolish an existing structure, and construct and operate a new 24-bed assisted living facility/convalescent home at 12708 Monte Vista Road, in the Commercial Office (CO) zone The approval also ii:1cludes a Variance to (1) allow an assisted living facility on the 048-acre property where two acres is the minimum lot size for this use; (2) allow a six-foot-high, decorative iron fence in the front yard where four feet is the maximum height allowed, and (3) waive the requirement for an eight-foot-high wall on the east property line shared with a residentially zoned property The approval is based on plans submitted on October 18, 2007, and is subject to the following conditions, . . 3730 Resolution No P-08-01 Page 5 (Planning) A, Approval of this Conditional Use Permit, Development Review and Variance shall apply only to the subject project, and shall not waive compliance with all other Sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance B Within 30 days of the date of this approval: (1) the applicant shall submit in writing that all conditions of approval have been read and understood' and. (2) the property owners shall execute a Covenant Regarding Real Property C The use conditionally ,granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding commercial and residential uses, D The terms and conditi()ns,ofConditional Use Permit 07-05, Development Review 07-02 and Variance 07706 shall be binding upon ,the permiltee and all persons, firms and corporations having an interest in the property subjeclto these permits and the heirs, executors, administrators, successors and assigns of each of them, including muniCipal corporations, public agencies and districts E Conditional Use Permit 07-05 shall be subject to annual revieW; as determined by the Director of De)/elopment Services. for t::onipliance with the conditions of approval and to address concerns that may have occurred during the past year F Any changes increasing the intensity of the use of the operation beyond what is being approved shall be considered as a major revision to the Conditional Use Permit and shall require'Cjty Council to approve the request. G Prior to Grading Permit issuance, the applicant shall complete the following: (Engineering) 1 A grading plan, prepared on a City of Po way standard mylar sheet, preferably at a scale of 1" = 20', shall be submitted, along with a Grading Permit application and applicable fees, to the Development Services Department Engineering Division A grading plan submiltallist is available at the [)evelopment Services front counter As a minimum, the, grading plan shall include the following: a. All new slopes with a maximum 2:1 (horizontal to vertical) slope Tops and toes of graded slopes shall' be shown with a miniml:Jm five-foot setback from open space i1reas and property lines Buildings shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division prior to issuance of a Grading Permit. . . 3731 Resolution No P-08-01 Page 6 b Paving of the parking lot shall conform to the standards set forth in Section 12,20080 of the Poway Municipal Code c, Proposed driveway access in compliance with the specifications provided in Section 17.081700 of .the Poway Municipal Code, including .the ,minimum structural section together with its elevations and grades, The driveway approach shall comply with the Regional Standard Drawings, d A separate erosion prevention and sediment control plan for construction activities This plan shall provide for an onsite de- silting basin with a volume based on 3,600 cubic feet per tributary acre drained. e, Locations of all utility improvements (existing and new), together with their easements, No encroachments are permitted upon any easement. f Locations of all utility boxes, clearly identified in coordination with the respective utility companies, and approved by the City prior to any installation work, 2 A soils/geologic~l.rej:Jort shall be prepared, by an engineer licensed by the State of California to perform such work, and shall be submitted with the grading plan 3 A drainage study using the 100-year storm frequency criteria shall be submitted with the grading plan. The drainage system shall be capable of handling and the disposing of all surface water within the project site and all surface water flowing onto the project site from adjacent lands Said system shall include all easements required to properly handle the drainage Large concentrated flows over the driveway, and into the street shall be avoided 4 The following easements described from Land America Southland Title Company, Order No 36332712 and Easement 83-344601 on the plans, and no structure(s) shall be built over them. a 84-318631 b 81-409649 5 This project is subject to the Standard Urban Stormwater Mitigation Plan (SUSMP) for construction and post-construction, The grading plans shall include the provision of post-construction SUSMP devices, as approved . 37'3'2 . Resolution No P-08c01 Page 7 by the City Engineer, as well as postcconstruction maintenance of SUSMP devices 6 The applicant shall pay all applicable engineering, plan checking. permit, and inspection fees 7 Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City prior to gradihg plan approval. A minimum $5,000 cash security deposit is required, 8 Prior to any rock blasting, a pre-blast survey of the surrounding properties shall be conducted to the satisfaction of tbE! Director of Development Services,. and a Blasting Permit shall be o~tained 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 Development Services, 9 The applicant shall attend a pre-construction meeting. at which time they shall present an Action Plan that identifies. measures to be implemented during construction to address erosion, sedi[Tlent, and pollutant control, Compliance for sediment control shall be provided using the following guidelines, as directed by the Engineering Inspector' a, Provision alan onsite de-silting basin with a volume based on 3,600 cubit feet per tributary acre drained, b Covering of all flat areas with approved mulch c Installation of an earthen or gravel bag berm that retains three inches of water over all disturbed areas prior to discharge. effectively creating a de-silting basin from the pad. 10 Prior to start of any work within City-held easements or right-of-way, a RightcofcWay Permit shall be obtained from the Engineering Division ofthe Development Services Department. All appropriate fees shall be paid prior to permit issuance (Planning) 11 The locations and sizes of all utility boxes and vaults within street rights- of-way shall be shown on the grading plans and screening shall be provided to the satisfaction of the Director of Development Services 12, All new and existing electrical/communication/CATV utilities, if any. shall be installed underground prior to installation of concrete curbs, gutters and sidewalks, and surfacing of the streets The applicanUdeveloper is ...~.- #'; . . 3733 . Resolution No P-08-01 Page 8 responsible for complying with the requirements of this condition, and shall make the necessary arrangements with each of the serving utilities, 13 A Tree Removal Permit approval shall be obtained prior to removal of any trees, Trees 'approved for removal must be replaced according to the City's Urban Forestry Ordinance 14 Submit landscape and irrigation plans to the Planning Division for review and approval consistent with the City of Poway Guide to Landscape Requirements to the satisfaction of the Director of Development Services, The landscape and irrigation plan shall identify plant species. sizes, and automatic irrigation for all areas to be planted. A plan check review fee is required at the time of initial submittal of the plans, The plans shall address the following' a, Install a dense landscape screen along the perimeter of the property line The screen shall consist of 15-gallon evergreen trees, 20 feet on-center and shrubbery b The landscape plans shall incorporate the tree replacement requirements of any Tree Removal Permits c, Install vines to soften the appearance of the trash enclosure walls, d Screening of above ground utility boxes. e Street trees. f If construction of the facility does not commence within 90 days of completion of grading, all manufactured slopes steeper than 5 1 shall be hydroseeded and irrigated to the satisfaction of the Director of Development Services. H Prior to the issuance of a Building Permit, the applicant shall comply with the following. 1 The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein, The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code. and all other applicable codes and ordinances in effect at the time of Electrical/Building Permit issuance 2 The locations of any new utility boxes over three feet in height shall be noted on the plans . 3734 . Resolution No P-08-01 Page 9 3 School impact fees shall be paid at the rate established at the time of Bui/ding Permit issuance Please contact the Poway Unified School District for 'additional information. (Engineering) 4 Erosion control, including, but not limited to, de-silting basin(s), shall be installed and maintained by the property owner throughout construction of the project. 5 Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City 6 Prior to delivery of combustible building materials, on site water and sewer systems shall satisfactorily pass all required. tests and be connected to the public water and sewer systems, 7 Rough grading is to be completed and meet the approval of the City inspector and shall include submittal of the following: a. A certification of line and grade for the lot, prepared by the engineer of work, b A final soil compaction report for review and approval by the City 8 The applicant shall post the following fees to the City Fees are subject to change without further notice The actual amounts to be paid shall be those in effect at the time of payment: Water 1 inch 1 Y, inch Meter $ 270 $ 600 Expansion Fee $6,678 $10,388 Service Line $1,430 $ 1,430 SDCWA Capacity" $6,922 $12,978 SDCWA Water Treatment Capacity" $ 266 $ 498 "To be paid by separate check, payable to the SDCWA. Sewer connection fee = $26.26940 Based on (9.320SF ,;. 2,000 SF/EDU)($2,356 OO/EDU)= $10,97900 or (# of Fixture Units /4) X $ 2,356 whichever is greater, Sewer Line Charge = $2,800 00 · 3735. Resolution No P-08-01 Page 1 0 Sewer c1eanout fee = $50 00 per cleanout Sewer cleanout inspection fee = $25 00 per c1eanout Traffic Impact = $ 858 52trips X $66rrrips X 025 = $858 Drainage = $1,200 00 ~~ = ~A The applicant may be credited for fees already paid for the existing building, It is incumbent upon the applicant to provide documentation of fees already paid. 9 Prior to start of any work within City-held easements or right-of-way. a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance (Planning) 10 Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance under a separate Sign Permit. 11 All exterior lighting shall be in conformance with Section 17 10150 H of the Poway Municipal Code 12 Exterior building materials and finishes shall reflect the approved elevations on file with the City and the conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services 13 The building plans shall include elevations and cross sections that show all new roof-mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view and sound buffered from adjacent properties, to the satisfaction of the Director of Development Services I Prior to occupancy, the applicant shall comply with the following fire safety requirements to the satisfaction of the Fire Marshal: 1 Roof covering shall be fire retardant as per USC Sections 1503 and 1504, USC Standard 15-2, and City of Poway Ordinance No 64 and its amended Ordinance No 526 . 3736 . Resolution No P-08-01 Page 11 2, The building shall display its numeric address in.a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front facade of the building, Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff's Dept. - ASTREA criteria, 3 The building will be required to install an approved fire sprinkler system meeting P M C, requirements, The entire system is to be monitored by a central monitoring company Double detector check valve assembly and sysiem post indicator valve(s) with tamper switches shall also be monitored The City Fire Marshal prior to installation shall locate these fire protection devices 4 A properly licensed contractor shall install an automatic fire alarm system to approved standards, System shall be completely monitored by a U L, listed central station alarm company or proprietary remote station, 5 A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area. Plans to be submitted and approved, prior to installation 6 A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A breakaway padlock shall be required for the fire sprinkler system Post Indicator Valve 7 Fire Department access for use of firefighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed 8 Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs arid curb markings 9 Minimum 2A.10BC fire extinguisher required for every 3,000 square feet and 75' travel distance 10 If an elevator is installed, it shall be sized to accommodate a normal hospital gurney Minimum dimensions for the inside car platform shall be 6 feet 8 inches wide by 4 feet 3 inches deep 11 If medical gases will be used in this building, they shall be installed to meet requirements of Uniform Fire Code Article 74-Compresses Gases 12, The addition of onsite fire hydrants may be required The City Fire Marshal shall determine the location of the hydrants . 3737 . Resolution No P-08-01 Page 12 13 Prior to delivery of combustible building materials onsite. water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems, Ih addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles, The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City 14 Fire sprinkler iise~(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door Door shall be labeled with a sign indicating "Fire Sprinkler Riser" When the closet method is chosen, applicant shall provide 36 inches of clearance from the standpipe or attached additional risers, accessible by a 3'-0" man door J Prior to occupancy. or as otherwise noted, the following shall be complied with 1 The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein A final inspection from the appropriate City Departments will be required. (Engineering) 2, The applicant shall execute and record an agreement for maintenance of the Best Management Practices devices as required by the Standard Urban Stormwater Mitigation Plan (SUSMP) Ordinance 3 Driveways, drainage facilities, slope landscaping and protection measures, and utilities, srall be constructed, completed, and inspected by the Engineering Inspector Driveway aprons shall be constructed in accordance with San Diego County Regional Standard Drawing G-17, Alley Aprons 4 An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of'the Engineering.lnspector 5 The applicant shall repair any and all damages to the streets caused by construction activity from this project. to the satisfaction of the City Engineer 6 Record draWings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16 52.130B of the Grading Ordinance Record drawings shall be r " . . 3738 Resolution No P-08~01 Page 13 submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. (Planning) 7 All plantings shall be installed and the automatic irrigation system shall be operational pursuant to the Poway Guide to Landscape Requirements and the approved landscape plans, K. Upon occupancy the applicant shall comply with the following conditions: 1 All facilities and related equipment shall 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. 2, The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 3 All lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining residential development. 4 All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Guide .to Landscape Requirements 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 Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300) Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface Section 7 Conditional Use Permit 99-13. approving the previous mixed use on this property, is hereby void pursuant to Poway Municipal Code Section 1748 080,B, Lapse of a Use Permit, and Resolution No 00-37 is hereby rescinded, Section 8 The approval of CUP 07-05, DR 07-02 and VAR 07-06 shall expire on January 15, 2010, at 5:00 p,m" unless, prior to that time, a Building Permit has been issued arid construction has commenced on the property Section 9' Pursuant to Government Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on January 15.2008 , t.5 " .- '. . . 3739 Resolution No P-08-01 Page 14 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 15th day of January 2008 ATTEST iv-- STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, L Diane"Shea, City Clerk of the City of Poway, do hereby certify, under penalty o(perjury, that the foregoing Resolution No P-08-01 was duly adopted by the City Council at a meeting of said City Council held on the 15th day of January 2008 and that it was so adopted by the following vote AYES BOYACK, EMERY, HIGGINSON, REXFORD NOES NONE ABSENT CAFAGNA DISQUALIFIED NONE ~~~~ L. Diane Shea, City Clerk City of Poway /'