Covenant Regarding Real Property 2008-0202568
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- 2008-0202568 I
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RECORDING REQUEST BY' ) 1111111111111111111111111111111111111111111111111111111111111111111111
I
) APR 16, 2008 3'16 PM
CITY OF POWAY )
) OFFI[lo,L RECORC",
WHEN RECORDED MAIL TO' l~L\P ~"i.:..f'-J [IIECil] UJu~,jrl F-:ELOF:[IER":, DFFlfE
CiF:EbUR"1 ,I ':;t...1ITH CDUr-H'1 REI-CiFI[IEF:
CITY CLERK FEE; 4'3.DO
CITY OF POWAY l \ PAGES: let
POBOX 789 l \Wn 11111111111111111111111111111111111111111111111111111111111111111111111111111111
POWAY CA 92074-0789
(This space for Recorder's'Use)
APNs. 317-810-19 and 37
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COVENANT REGARDING REAL PROPERTY
Shultz Real Estate LLC, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real
property, which is commonly known as 13790 and 13830 Danielson Street ("PROPERTY"
hereinafter) and more fully described as follows:
Lots 42,52,53, and 54 of the City of Poway Tract No: 87-13, Unit 1, in the City of
Poway, County of San Diego, State of California, According to Map thereof No
12556 filed in the Office of the San Diego County Recorder February 8, 1990
In consideration of the approval of CUP 95-10M and DR 95-15M by the City of poway
("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of the attached Resolution
(Exhibit A)
This Covenant shall run with the land and be binding upon and inure to the benefit of the
future owners, encumbrances, successors, heirs, personal representatives, transferees and
assigns of the respective parties,
In the event that CUP 95-10M and DR 95-15M expires or is rescinded by City Council at the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 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
'-\\ \0\ 09 Shultz Real Estate LLC ~
Dated: {<&~?
William aryShultz, Partner (Notarize)
Dated: q\\~O'6 "f\~c.j ~00.R
Nancy ~Shultz, Partner (Notarize)
CITY OF POWAY
Dated: J.f/ID!b0 ~~
Robert J Manis, Director of DeCent Services
cB.o'YLp
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CALlFORNi,IAA.L....P....RPOSE ACIO!lOWLEDGMEI\IIT ,
~~~~~~~~~~~~G<hLN)c.<h~~ah&5h~~~~.,q:C:?S()~G;i;;Qffii(:;;R(:!it:'~
State of California . }
County of San Diego
On j}/J,{3/L 10 Z()tJd\efore me, Phyllis Shinn, Notary Public
Date ' Here Insert Name and Title 01 the Olticer
personally appeared W J LL (.1111 C. SlffA L- /2 A /1/ f, ;1/A;t/ C:f S Iftr L -rZ--
Name(s) oISigner(s) ,
who proved .10 me on the basis of satisfactory eVid,enceto
be the person(s) whose name(s) i~are subscribed to the
within instrument and acknowledged to me that
. . . . _ _ _ _ _ ~/s'\(e/they executed.the same in ~/t!l{r/their'authorized
'e PHYLLls:&HINN I capacity(ies), and that by t)1s/l}Mltheir signature(s)on the
" co",rnln loti. 177"90 instrument the person(s), or the entity upon behalf of
I Notary PublIc. Callfornla I which the person(s) acted, executed the instrument.
J 'San DIego County .
- - - - -~_~~ I certify under PENALTY OF PERJURY under the laws
of the State 01 Califorriia that the foregoing paragraph is
true and carr eel.
and ofjicial~:V
Signature ~
Place Notary Seal Above Signature 01 Notary Public
OPTIONAL
Though the informE!tion below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached ~cument p ~
Tille or Type of Document: (;.. V I) fjtlif;U( E ($ /lT2{J/ /I/f;, f( CflL 112-0 ;OEYZ-f7
Document Date: ;OJ(' L- 19 2- 0 DJ? Number of Pages: I. ?
Signer(s) Other Than Named Above: 'fIJrr; :,,(' ;,4/l, L 6-.
Capacity(ies) Claimed by 5igner(s)
Signer's,Nam\?: Signer's Name:
o Individual 0 Individual
o Corporate Officer - Title(s): 0 Corporate Officer - Tllle(s):
o Partner ~ 0 Limited 0 General 0 Partner - 0 Limited 0 General
o Attorney in Fact . 0 Attorney in Fact
D Trustee Top 01 thumb here D Trustee Top of lhumb here
D Guardian or Conservator D Guardian or Conservalor
o Other. 0 Other'
Signer Is Representing: Signer, Is Representing:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
@2007NalionaINotaryAssociation-9350DeSoloAve., PC-Sox 24Q2-Chalsworlh, CA 9'1313 2402-'wV,w,NationaINotary.org Item #5907 Reorder: Call Toll-Fref 1-800-876.6827
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. EXHIBIT A .
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RESOLUTION NO P-07-28
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 95-10M
AND DEVELOPMENT REVIEW 95-19R
ASSESSOR'S PARCEL NUMBERS 317-810-19 and 37
WHEREAS, on February 27, 1996, the City Council approved a request by
Anytime Towing for Conditional Use Permit (CUP) 95-19 and Development Review
95-19, under Resolution Pc96-09, to establish an automobile towing and storage
business, with automobile auction events two times per month, on an approximate
3-acre property located at 13830 Danielson Street, in the Planned Community (PC)
zone with a land use designation of Light Industrial/Outdoor Storage (L1/S) and within
the South Poway Specific Plan area; and
WHEREAS, Anytime Towing has submitted a request to expand the business to
a vacant, 0 8-acre adjacent site'to the west for additional storage area and parking, and
to increase the number of permitted auction events from two per month to four per
month; and
WHEREAS, on June 12, 2007, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of poway
as follows:
Section 1 This project is Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA), as a Class 32 Categorical Exemption, pursuant to
Section 15332 of the CEQA Guidelines, in that the projeci involves development of an
infill project as defined in Section 15332.
Section 2: The findings, In accordance with Section 17 48.070 of the Poway
Municipal Code (PMC), for CUP 95-10M to expand the automobile towing and storage
business at 13830 Danielson Street to the vacant, 0 8-acre adjacent site to the west are
as follows:
A. The location, size, design, and operating characteristics of the proposed
expansion is in accord with the title and purpose of Chapter 17 48 PMC
(Conditional Use Pernnit Regulations), the South poway Specific Plan, the City
General Plan, and the development policies and standards of the City in that the
subject use is allowed with a Conditional Use Permit. The facility has been
designed and sited such that it will be cornpatible with the surrounding
development.
B The 109atlon, size, design, and opera!ing characteristics of the proposed
expansion will be compatible with and will not adversely affect or be materially
i . .
Resolution No P-07-28
Page 2
detrimental to adjacent uses, residents, buildings, structure, or natural resources
in that the facility is zoned for the use and has been designed to provide
adequate visual screening of the storage yard.
C The proposed business expansion is in harmony with the scale, bulk, cOverage,
and density of, and is consistent with, adjacent uses in that the design of the
proposed expansion provides for adequate screening of the storage yard,
D There are adequate public facilities, services, and utilities available at the subject
site to serve the proposed expansion.
E, There will not be a harmful effect upon the desirable surrounding property
characteristics in that the design of the proposed expansion incorporates
adequate visual screening of the storage yard.
F The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the proposed use provides on-site
parking as required by the Zoning Code requirements and the existing street
system has been designed to accommodate the increased traffic from the
business expansion,
G There will not be significant harmful effects upon environmental quality and
natural resources in that the site proposed for the expansion has been previously
graded and contains no natural habitat resources.
Section 3 The findings, in accordance with Section 1752 of the Poway Municipal
Code, for DR 95-19R to expand an existing automobile towing and storage business at
13830 Danielson Street to an adjacent 0 8-acre site to the westare as follows:
A. The proposed business expansion will not adversely affect surrounding land uses
in that the facility is zoned for the use and has been designed to provide
adequate visual screening of the storage yard.
S Public facilities, services, and utilities are available to serve the business
expansion.
C The proposed project will meet the required design regulations for the South
PowaySpecific Plan, and will otherwise comply with all of the relevant codes and
standards of the City of Poway Therefore, the proposal does not have an
adverse aesthetic, health, safety, or architecturally related impact upon existing
adjoining properties, or the City in general.
E The proposed project will comply with all of the provisions of the Zoning
Ordinance, South poway Specific Plan, and the General Plan,
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Resolution No. P-07 -28
Page 3
Section 5: The City Council hereby approves CUP 95~10M and DR 95-19R, to
expand 'an existing automobile towing and storage business located at 13830 Danielson
Street to the adjacent 0,80-acre site to the west in the Light Industrial/Outdoor Storage
zone of the South poway' Specific Plan and to allow the business to conduct a
maximum of4 automobile auction events per month, subject to the following conditions:
A. Approval of this Conditional Use Permit and DeveJopment Review 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 the applicant shall submit in writing
that all conditions of approval have been read and understood, and a deed
covenant with these Conditions of Approval shall be Tecorded on the 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
uses.
0 The terms and conditions of Conditional Use Permit 95-10M and Development
Review 95-19R shall be binding upon the permittee and all persons, firms and
corporations having an interest in the property subject to these permits, and the
heirs, executors, administrators, successors and assigns of each of them,
including municipal corporations, public agencies and districts,
E, Conditional Use Permit 95~10M shall be subject to annual review, as determined
by the Director of Development Services, for compliance with the conditions of
approval and to address concerns that may have occurred during the past year
F Conditional Use Permit 95-10M is approved for a single automobile towing and
storage use on a site comprised of four, legally separate lots. Should one or
more of the four lots that comprise the project site be sold and the use on the
lot(s) change from an automobile towing and storage use, the property owner of
the lots where the single automobile towing and storage use is to be maintained
shall be responsible'for amending the CUP 95-10M and DR 95-18R to reflect the
change in the project. The property owner shall. submit a complete application,
and applicable processing fees, to the City within 90 days of the sale and change
of use,
G The applicant shall comply with the conditions of approval contained in
Resolution No P-96-09, incorporated herein by reference, except that condition
of approval 7, under the section entitled "Site Developmenf is amended to allow
up to 4 automobile auction events per month
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Resolution No. P-07-28
Page 4
H. Prior to the issuance of a Grading Permit the applicant shall comply with the
following:
1 A grading plan for the development of the lot.prepared on a City of Poway
24"x 36" standard mylar sheet at a scale of 1" = 20', shall be submitted
along with a Grading Permit application and applicable fees to the
DevelopmentiServices Department--Engineering Division, A grading plan
submittal list is available at the Development Services Department front
counter The grading plan shall show at a minimum:
a. All new slopes with a maximum 2:1 (horizontal to vertical) slope,
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, 'unless waived by the Planning Division and/or Engineering
Division prior io issuance of a Grading Permit.
b A separate'erosion control plan for prevention of sediment run-off
during construction
c. All utilities (proposed and existing), together with their
appurtenances and associated easements. Encroachments are not
permitted upon any easement without an approved Encroachment
Agreement/Permit.
d. Locations of all utility boxes, clearly identified in coordination with
the re.spec!ive utility companies, and approved by the City prior to
any installation work.
e Locations and pertinent elevations of all free standing walls and
fences.
f. Location of sidewalks required along Danielson Street on the
expansion site and the existing business site.
g. Location of site lighting. Qetails of any new exterior lighting,
including fixture type and design, shall be submitted to the Planning
Division for review and allproval. All new exterior lighting fixtures
shall be low-pressure sodium, and designed such that they reflect
light downward and away from streets and adjoining properties.
h. Location of double striped parking stalls in the expansion area.
Parking stalls shall be served by drive aisles a rninimum of 24 feet
wide
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Resolution No P-07-28
Page 5
2, A soils/geological report shall be prepared by an engineer licensed by the
State of Califomia to perform such work, arid 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 disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands.
Concentrated flows across driveways are not permitted. The drainage
study shall include all easements required to properly handle the drainage.
4 The grading plan shall show all easements ,that encumber this property
The Title Report identifies each easement separately, and the identifying
labeling shall be used to label the corresponding easements on the plans.
5 Paving ofthe parking lot shall conform to the standards set forth in Section
12.20 080 of the Poway Municipal Code
6 The grading plan shall comply with the City:s Standard Urban Stormwater
Mitigation Plan (SUSMP) Ordinance for construction and post-
construction, and shall implement the project's approved Stonm Water
. . ,- .._.'
Mitigation Plan (SWMP) of Best Management Practices (BMPs) for site
and source control on file with the City
7 Prior to issuance of a Grading Penmit, the project owner shall file with the
State Regional Water Quality Control Board a Notice of Intent (NOI) for
coverage under the statewide General Permit that covers stonm water
discharges Proof of filing of the NOI and an assigned Waste Discharge
Identification Number shall be submitted to the Development Services
Department - 'Engineering Division prior to issuance of a Grading Penmit.
Applications for the NOI may be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467-2952
8 P[,ior tOi'iss,uance of a Grading Permit, the applicant shall prepare a Stonm
Water Pollution Prevention Phm (SWPPP) that effectively addresses the
elimi,nation of non-storm runoff into the stonm drain system. The SWPPP
shall include, but not be lirnited to, an effective method of hillside erosion
and sediment control; a de-silting .basin with a capacity of 3,600 cubic feet
of storage per acre drained, or designed to remove fine silt for a ten-year,
six"hour st6im event; a material storage and handling site; measures to
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Resolution No P-07-28
Page 6
protect construction material from being exposed to storm runoff;
protection of all storm drain inlets, on-site concrete truck wash and waste
control; and other means of BMPs to effectively eliminate pollutants from
entering the storm drain system including a weather triggered action plan.
The engineer shall certify the SWPPP prior to issuance of a Grading
Permit.
9, The applicant shall pay all applicable engineering, plan checking, Grading
Permit, and inspection fees. Plan check and inspection fees are to be
calculated based on City-approved cost estimates, using the City's
adopted unit costs, prepared by the applicant's project Civil Engineer
10 Grading securities in the form of a performance bond and cash deposit, or
a letter of credit and cash deposit shall be posted with the City
11 The applicant/developer shall cause the dedication of the following
easements to the City and/or the public:
a. A 6.00-foot-wide public pedestrian walkway access easement along
Danielson Street.
b. An easement, a minirnum of 2000 feet wide for each new public
water line shall be dedicated to the City
c. An additional 5.00-foot-wide general utility easement contiguous
with the existing 10 OO-foot-wide general utility easement along the
Danielson Street property frontage.
A processing fee of $1,000.00 per easement document shall be paid to
the City at first submittal of the document for review
12. The applicant shall cause the preparation of plans and the construction of
sidewalk improvements within the new pedestrian walkway access
easement along Danielson Street fronting the property This includes both
the expansion area, and the portion of the site that has been previously
developed, Improvements shall be designed and constructed in
accordance with City adopted standards and specifications, the latest
adopted edition of the Standard Specifications for Public Works
Construction and its corresponding San Diego supplements, the current
San Diego Regional Standard Drawings, and the South Poway Specific
Plan.
As an alternative to providing the sidewalks concurrently with development
of the expansion site, the property owner may defer this requirement upon
written request. Deferral shall be no later than the time the City
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Resolution No P-D7-28
Page 7
commences a Capital Improvement Project to provide sidewalk on this
section of Danielson Street. The date that the City intends to install
sidewalks on Danielson Street is unknown at this time The property
owner shall also have the ability to, in lieu of providing the sidewalk, pay
the City directly for the cost of installing the sidewalk along the property's
Danielson Street frontage. The cost is to be determined by the Director of
Development Services at the time of commencement of the sidewalk
project.
13 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, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines:
a. Provide an on-site de-silting basin with a volume based on 3,600
cubic feet per tributary acre drained.
b Cover all flat areas with approved mulch,
c. Install 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.
14 Construction staking is to be installed by the owner and inspected by the
Engineering Inspector prior to 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 certification from the engineer of work or a licensed surveyor shall
be provided 'to the Engineering Inspector stating that all protected areas
are staked in accordance with the approved project plans.
15 A Right-af-Way Permit shall be obtained from the Development Services
Department - Engineering Division for any work to be done in public street
rights-of-way or City-held easements.
(Planning)
16 Visual screening of the outdoor storage area is required. An 8-foot-high,
decorative masonry screening wall, which matches the existing screening
wall of the business, is required for the expansion area along the
Danielson Street frontage. An 8~foot-high solid fence is required along the
west property line The fence material shall be vinyl, metal, or other long-
term durable material. A material sample shall be submitted to the
Planning Division for review and approval. The fence shall be painted a
color to match the decorative masonry wall along Danielson Street.
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Resolution No. P-07-28
Page 8
Installation of the fence along the west side of the site shall occur in a
manner which does not impact the existing established screening
vegetation in this area (i.e., installing fence support posts or pilasters away
from tree root systems). Chain link with screening slats is permitted along
the north property line
17 Complete landscape construction documents for new landscaping shall be
submitted to and approved by the Planning Division. A landscape plan
check fee in the form of a deposit is required upon submittal of the plans.
Plans shall be prepared in accordance with the City of poway Guide to
Landscape Requirements (latest edition) and shall also incorporate the
following to the,satisfaction of the Director of Development Services:
a. Landscape shall be provided in the front setback area in front of the
screening wall along the Danielson Street frontage of the business
expansion area. This landscaping shall comply with current City
landscape requirements. Existing landscaping in the setback area
along the streets on the established business site shall be
supplemented. Full compliance with current landscape compliance
is not required. The applicant shall, however, make a reasonable
effort to supplement landscaping is this area to bring it into closer
compliance with current standards and to better match the
landscaping on other developed properties in the vicinity,
b Clear sight distance at the project driveway entrances on the street
to the satisfaction of the City's Traffic Engineer
c. Location and detail of any parking lot lighting.
18. Submit for review and approval a parking lot site plan which depicts
double striped parKing stall and vehicle circulation areas that comply with
City standards, Parking lot layout to also be depicted on the grading plan.
I. Prior to obtaining final inspections from the City and/or the release of
performance and payment securities, and before Litilizing the property for the
storage of vehicles, 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 Departmentand the conditions contained
herein, including the provision of irrigated landscaping, screening walls
and fences, lighting, parking lot paving, and parking space striping.
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,
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Resolution No. P-07-28
Page 9
2, Erosion control devices, including, but not limited to, de-silting basins,
shall be installed and maintained throughout construction of the project.
3 Grading of the .Iot 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 the lot for review and approval by
the City, including recommendations for the structural section of the
paving.
4 No private improvements shall be placed or constructed within public
street rights-of,way or City easements unless anyone of the following is
satisfied:
a. An Encroachment Maintenance and Removal Agreement has been
executed by the developer/owner and subsequently approved by
the City; or
b Approval of grading or improvement plans, on which a Right-of-
Way Permit has been issued for th'e private improvements to be
constrllcted. The City, however, reserv~s the right to require the
execution of an Encroachment Maihtenance and Removal
Agreement.
5 All easement dedications required of the project shall be recorded.
6 Sidewalk (unless differed per Condition of Approval H.12), drainage
facilities, slope landscaping and protection measures if applicable, and
utilities shall be constructed, completed, and inspected by the Engineering
Inspector
7 All new and existing electrical/communication/CATV utilities shall be
installed underground prior to installation of concrete curbs, gutters,
sidewalks, and surfacing of the streets:, The applicant/developer is
responsible for complying with the requirements of this condition and shall
make the necessary arrangements with each of the serving utilities.
8 The applicant shall repair, to. the satisfaction of the City Engineer, any and
all damages to public road improvements caused by construction activity
from this project.
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Resolution No. P-07-28
Page 10
9 Record drawings, signed by the engineer of work, shall be submitted to
the Engineering Division prior to a request of occupancy, per Section
16.52.130B of the Grading Ordinance. Record drawings shall be
submitted in a manner to allow the City adequate time for review and
approval prior to issuance of occupancy and release of grading securities,
10 Posting of a warranty security for the public improvements.
11 Submittal of an Clgreement for maintenance, repair and replacement of
storm water BestManagement Practices (BMPs).
12. Signs must comply with South Poway Specific Plan standards and are
subject to approval of a separate Sign Permit application prior to
fabrication and installation.
K. Upon establishment of the use, the following shall apply'
1 All facilities and related equipment shall be maintained in good repair
Any damage from any cause shall be rePClired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight.
2. All lighting 'fi~ures shall be maintained such that they reflect light
downward and away from any road or street.
3. 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.
4 All landscaping shall be adequately irrigated and 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 rnaintenance and pruning shall be in accordance
with "A(nerican 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
5 The parking areas and driveways shall be well maintained.
6. No off street parking is permitted, including vehicles being towed to the
site, tow trucks, business employees and auction event attendees. The
maximum number of automobile auction attendees shall be limited by the
. .
Resolution No. P-07-28
Page 11
ability to accomrnodate attendee parking on-site within parking spaces
identified on the approved parking lot plan on file with the City
Section? The approval of CUP 95-10M and DR 95-18R shall expire on 12th day of
June 2009, at 5:00 p,m, unless, prior to that time, a Grading Pemnit has been issued
and construction on the property in reliance on the CUP approval has commenced prior
to its expiration.
Section 8 Pursuant to Government Code Section 66020, ,the gO-day approval period
in which the applicant may protest the imposition of dedications of easements imposed
pursuant to this approval shall begin on June 12, 2007
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 12th day of June 2007
~
.---,
0
Michael P Cafa
ATTEST
. . 1M
. '
Resolution No P-07-28
Page 12
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of pe~ury, that the foregoing Resolution No P-07-28 was duly adopted by the
City Council at a meeting of said City Council held on the 12th day of June 2007, and
that it was so adopted by the following vote:
AYES, BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE
fi~~~
City of Poway