Covenant Regarding Real Property 2002-0769903
'.' .". · 005560 DO~# 2'002-07699'03
RECORDING. REQUEST BY: ) SEP lO.. 2002 8: 43 AM
)
CITY OF POWAY) OFFICIAL RECORDS
) SAN DIEGO COUNTVRECORDER'S OFFICE
WHEN RECORDED MAiL TO" ) GREGQRV J. SMITH. COUNTY ~CORDfR
" ) FEES: 65~OO
CITY CLERK ) , . ". ,'.,
~~~J:t::4-0789 ~ 1IIIIIIIItlll~JjJlllllII~ II
,~ No Transfer Tax Due ~ (This space for Recorder's Use)
~ COVENANT REGARDING REAL PROPERTY
Transportlnternational Pool. Inc:, 'a Pennsylvania Corporation, PROPERTY OWNER
("OWNER" hereinafter), is the owner of real property described in Exhibit A which is'
attached hereto 'and made a part 'hereof and which is commonly known as Assessor's
PCircel Numbers 323-50tc03, 04 and 05 ("PROPERTY" hereinafter). In consideration. of
the approval of Conqitional Ui?"e Permit (CUP) 02-0~, py the City of Poway ("CITY"
hereinafter), OWNER hereby agrees to abide by conditions oftheattaclied Resolution
(Exhibit B).
This Covenant shall run witl1 the land and be binding upon and ihureto,the
benefit of ,the future oWn,l:!r!,-, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In :the event thatGUP 02-09 expires or is rescinded by City Council at tfle
requestof'the OWNER, CITY shall expunge this Covenant from the record title of the
PROPERTY
In theceveht of litiga.tlon,to enforce the pro~isions c;>ftl1is Covenant, the prevailing
party,'shalLbeentitled to full reimbursement of all, costs, induding reasonable attorri'eiys'
fees, from the other party
OWNE~ L
Dated: R -'2.3<02 By' l . ....1I~ , ~
I - .
. (Notarize)
Donald E, Gravitt
Tr:anspo~f international Pool, Inc.
~ / CITY OF POWAY
Dated: ~,'f4 f.D y, By' ~
Niall Fritz, Director of De pment Services
M:\planningI02reportlcuplCup0209 coII.doc
'lil2_t..c./ J~/YL/Q aa-li.,J,
';' , . .
,\ " 0055G~
!:AL::Ir:QR.NJA~~L.PU~pO~E 4C:I'(~QWJ,..E;I)~I\II~~!
'~- ~""'=-<lli
State of California } 5S 1
1
County of ()/!ANG,ff
0n !JU6U.t-r.73. :)jJoJ-, before me, If/;Mf;[Ltj .D" (VOTA, ;JOTl'-;e1/ 'I
Dale Nan1e and Titleof Officer (e,g.:;Jane'Ooe,'Notary.Public.) 1
personally appearedL:o/JALb e; ~KAII/7T ", , ,I
,- Name(s) ofSigner(s) 1
G1lersonallyknowri,to me ,I
D proved to meo'n the basis of satisfactory
evidence
to be the person(s) whosename(s) is/are
subscribed to the within instrument and 1
:,
l.-=~~.I acknowledge(j'to'methat,he/she/they executed 'I
the same in his/her/their authorized I
capacity(ie,s); anp that, by his/her/their I
~ Notary Publlc-l:!!if1>fnia' ~ signature(s)on IQ,etihstrument the person(s): or
I, j pr&ngeCcuriiY f the entity upon behalf of which the person(s)
acted, executed the ,instrument
'MyConm,'~MaY7;2006
- - - - --- -~ - ~.~,~'
1
1
Place Notary Seal Above. Signature of,Notary Public
OPTIONAL
Though the information'be/ow.is not required by law, it may, prove valuab/e!to persons, relying on:the,document
and'_coiJlci';Jfevent-fraiJdtifei1t removal and reattachment of this 'form, to a,nother'document.
Description of Attached D~ ~
Title or Type of Document: (' , ,L<A.I
Document Date: 3 -7;'0,2- Number of Pages: I $l'
I
I
Signer(s) Other Than NamedAbove: I
I 1
Capacity(ies) Claimed by Sig-ner I
, Signer-is"Name:
I 0' Individual ,
o Corporate"Officer ~ Title(s): I
>"'~' , - - -, . , I
o Partner,-OLimited pGe~eral "
D Attorney in'Fact "
.0: Trustee ,I
0, ,GUardiairconservator "
~6ther: '., (V/SIIJA! 7&>/I/JIML Ii{MA(r;~
Signer IsHepresentin9,6'e; &fJ/71J.L. /JtcMM"" JfOAI2e;-
c igg9 N,atlonel Notary A~tl.On' 9~ De sOlO A.v~:: P,O, Box 2_402. ChalSWonh, CA 91313-240'2' wv.w.~~i'onal~otary_~rg Proc_No_5907 Reorder: C:l.II Tor~Frw 1 800-871HiB27
;~ .. ~
005562
ORDER NO; 1272800-2
EXHmIT "A"
.
.LOTS 3, 'lAND 5 OF CnYOF POWAY TRAcT NO. 60-01, IN THE CITY OFPOWA Y, COUNTY
OF SAN DIEGO; STATE OF CALIfORNIA, AS PER MAP "fHEREOF NO. 14230, FILED IN THE
OFFICEOF THE COuNTYRECORDEWOF SAN DIEGO CODNtYONJUNE 19,2001
"
p
l,
SEPTEMBER 04. 2001 U:IOAM
Exhibit A
" . 005563 .
, .
EXHIBIT B
RESOLUTION NO P;.0244
ARESoLuTIc5N~ OFTHE CITYCO,UNCIL
'OF THE CirYOFPOwAy, CALlfQRNIAJ>;PPROVING
CONDITIONAL USE,PERMIT02-09 ANDbEVEL()pMEI:-lT REViEW 02-06
- -,.-- --" ."~.'- ," -,
ASSESSOR:SPARCELNUMBER323-501-03, 04 and 05
WHER~AS, Cdn,ditional'Qse Permit02-09 and. Development Review 02-06 were
submitted byG.E. Capital tvlo,9iJJ?J $pace,t() propose construction' of a2,871'-square-foot
'adininistrativebuilding and a 6,400-squar~"footware~ouse'on Lo.1s3,4 and5.of FirialMap
14230,within ,the,South PowayPlanned Community.zc5I1E:l' Appjbyalis also requested to
e,st~<blish:ari outdoor storage yard for modular buildings they sell and lease. Tne land use
designation of the site is Light Industrial/Outdoor Storage; and
WHEREAS, on August 6,2002, the City Council beld a duly advertised public
hearing to solicit comments from the public, both pro and coh, relative to this application.
NO,^"THEREFORE, the City Council does hereby resolve as follows:
Section 1.. The City Council fincjs that; pursuant to Section 15183 of the CEQA, the
previously certified Final Envirorimental.lmpact Reporti(E!Rl dated July 30. 1985, and the
FinalSul:>sequent EIRdatedJiJly :16, 1988 for the SouthJ:ic5W?y Specific Plan. adequately
addre,s~, tDE:lPq,Whtial enyironmental impacts of the pr~p9sed .developmeht.beca~se i~
entails the construc;tiob'of i!ld~~ttiCJlbuildingsandestablishment of anoutdoorstorageyal'd
that,is consistentwith the.deVelopmehFenvisionedwithJhe South PowaySpecific Plan,and
additional environmental revieW for this project is noHecjUired.
Section 2; The findings, in acc,Ordance with.Section 17.48.070 oUhePc5wayMunicipal
Code ,for the' appr6v~1 of Cong)tionalQse Permit 02-09 for'the development ofa. 2,871-'
square-footadmh,istrative.building, ~'6,400-squ!lre"f9ptwC!rehouseand.an outdoor storage
yard for modular bLiildings.on,Lots,3,A and 5 of Final Mar:> 14g30, locatedoh the south side
of the 13900 -14000 block'of'Kh'kham'Way are mad-e, asfollows:
A. The sizeC!rid design oUhe project isappri:>pria!j:lfor the use and location and is a
permitted,use in an area having, a land use desi9l1a!ioh of Light Industrial/Outdoor
$totag~ wjth the approval ,of a Conditional Use Permit. Therefore, tb~ proposed'
location, siz~"designC!lJdcij:>erclting charact,eristics ofthe modular buildingstorage
facility are 'in accc5rdwilh the title and lWrpose of Section 17.48.07.0 oHhepoway
Municipal Code, the purpose oUhe, zone inWliichthe. site is located, the City
General ;Rli;ln; the\South Poway Specific Plan'and the development policies and
standards.6f.tlieCity
B The project has been designed 'to <<<[niply with the South Poway, Development
Standards!and will be consistentwith'surfb[Jliding'deVelopmenL It wilLnotcreate a
negative visual impact as viewed frondtie!~!r~et,and neighboring properties. A
proposed,minimum'8-foothigh masonry or textured'ooncretewall Will be.constructed
. 00556~ .,
"
'Resolution 'No P-02-44
Page.2
to ~cree'Q the QutdoDr yarcHrom such views. Therefore, the location, size, design
l:lrlc!'operatingch?,ra,cteristics of the proposed use will be compatible with and will
n'ot a'dverselyaffect or be materially aetrimeritill to adjacent uses, buildings,
structures, or natural resources.
C The project will meet or exceed standards for scale, coverage and density
Therefore, the harmony in scale, bulk, coverage and density of the project is
consistent with aajatent uses,
D, There are public (acilities, services and utilities available to the site.
E. The project has been designed to comply withthe'South Poway Standards and'the
use will be compatible,with surrounding deVelopment. Therefore, there will be no
harmf~1 effect upon desiraQle neighborhood characteristics,
F The,project will not result in asignificant impact6n the'characte~ or the inWhsity Of
the transportation system in the vicinity and is found to be consistent with the
Circulation Elementofthe General Plan.
G. The project isaIlQwable.ori;land designatedas Light Industrial/Outdoor Storage and
the property is located inan area with suitable circUlation an(j other infrastructlJre,
The outdoor storage,use is compatible with surFounding development and plaQned
land use, Therefore, the site is suitable for theprojett.
H. The .use involves no haz(3rdous materials or proces::;es, .nor does iLsignificantly
affect natural'resources. Therefore, there willnot.besignificantharmful effects upon
envirorimental quality' a-rid' natural 'resources.
L There are no other relevant negative impactsofthe proposed use that cannot be
mitigated
J The impacts, as described .above, and the proPOSed location, size, design and
operating characteristics, of the proposed use, and the conditions uhderwhich it
, - .... .. - - - ~. -
would,be operated ormaintained .will not,be detrimental tothe public health" safety
or welfare, qt'materjally,irijurious)o properties,orimprovements in the vicinity nor be
contrary to the,adopted General Plan or the SouhPbWay Specific Plan,
K. The proposed' conditionaluse,will comply with each of. the applicable, provisions of
Sec;ti9'n17 48.070 ofthe PowayMunicipal Code with regard to current development
standards,
,Section (L The findings,in aCyordancewitiH5h.aP!erJ 7.5~()fthe PowayMuriicipalCode,
for DevelopmentReview02-06 for the construction'ofa~,8H-~Cluare400t administrative
buil(jing and a 6,AOO-square-foot.warehouse on Lots 3, 4,and 5 of Final Map 14230, located
on the south side ofthe 13900-14000 block of Kirkham Way, are made as folloWs:
: . .
'.,
005565 ResolutionNo P-02-44
\ Page 3
A. Th~ project ha,s l?eendesigned'tocPrnPly ,^,ith'th~ developmentstandards of the
South poway Specific Plan, Exterior fiyilcjjl1g colors a~d materials will help the
buildings blend inVJith surrounding development. Therefore, the buildings respe~t
the interdependence of'land values and aesthetics to the benefit of the City
B The, project has been designed to com ply with the'development standards of the
South PQway Specific"Plal1 and be in character with existing development in the
area. 'Therefore, the proposed use does not conflict with the orderly and
harmonious appearaf1ce of structures and prqpe}ty withti1 the Ci~y along with
associated facilities, si.Jctl:as but.riot limited to signs\!andscaping, parking areas and
streets.
C There -are publtc facilities, ~E!r:vices and lJtilitiesavailable. No significant traffic
impacts'willoccur with thi!i;development. The (>rojectwill 6therwiseconform to all
City ordinances. Therefore, the proposed ,project. does not detract from. the
maintenance of the'public health, safety and general welfare, and property
throughout the City
0 The project is designed tp b.e consistent in design with. surrounding development.
Therefore, the proposed development respects the public concerns for the
aesthetics of developments.
E, The proposed projectwill.meet the required ,design regulations and will otherwise
.comply witb all of thefele,,"arit codes and standards oftheCity of Poway Therefore,,,
the proposal does not.'have,an.adverseaesthetic, health, safety or architecturally
'. . . _ _ ._ _ .,." .__~, ._, " . _, _~. ~ _ ., _. H. _',
related impact upon existing adjoining properties, or the City iri general.
'._~
F The proposed projectwill comply with all.of the provisions of the Zoning Ordinance,
theSouthPoway Specific Plan and the General Plan.
Section 4 PUrsuant to'Gov~rntDe[1t C~odeSectiori 66Q20;the publicimprovements for
Conditional Use Permit 02-09:and Development Review 02-.06 are made as follows:
A. The'cles,ign' arid impf,oveiTlents c;>f the proppsed"de~elopmentare consistent,withall
elementsofthe poway General'Plan,.theSOl!th.FoW~y'SpecifiGplan'as'Wellas City
ordinances, because .all.necessaryservices,and.facilities' are.available to'servethis
project The payment of sewer fees is needed as a result of the proposed
developm,entto protect the public health, safety'andwelfare as identified below'
1., The:projecHequires payment ofsevitE.lrf~e!l; which are assessed on a'pro-rata
basis to 'finance .and provide pUblic- iflfrastructure improvements, which
, . ~ --
promote asafe',and'healthy environment,for:the residents of the City
SectionS Toe 'Gity Council hereby approves Conditional Use Permit 02~09 and
Development. Review 'Permit 02-06, a proposeil to construct a 2,871-square-foot
. .
005566 Resolution No P-02-44
PageA
administrative, building and, a 6,400-square-footwarehouse, and. to establish an outdoor
.storage yarcf for inoqular buildings as shown. on the building elevations and floor plans
dat13d April 9, 2002, and the Rartialand fUll S!t~ plan.s dated JiJne 5, 2002. The proj~ct is
Ipcatedon ~ot3,A, and 5 qf Finai ,Map 14230, loca~~d on the south side of the 13900-
14000 block, of Kirkham WCjY within the South poway Planned Community zorie The
approval is subjectto the following conditions:
A Approval of this Conditional Use Permit request shall apply only to the subject
project Cj,.nd existing tJ~e~ and shall not waive conipliCirice with all sections ofthe
Zoning Ordinanceariq ~lIotherapplicable Cityordihances in effect at the time of
Building Permit issuance,
B Within.30'daysof thedateofthis:approval, theapplicantshall submit inwritingthat
all conditions of approvaLhave been read and understood and the property owners
shall,e):<ecute a Covenant Regarding Real Property; Which states that the applicant
must 'abide by tile coiiditij:>ns contained in this.ResoILition.
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 uses,
D The conditions of t~lsCUP shall remain in effect for the [ifeofthe project al1d shCjIl
run with the land and be binding upon future owners, successors, heirs,and
transferees of the current property owner
E, Conditional Use Permit 02~09'may be subject to:annual review,asdetermined,by the
Direc~or ofDevelopmentServicesfor compliance wLtMhe conditionsof,approval and
to addresscohcerns that may have beeh raised dLiring'the prioryear .
F All construction activity on the project site, including equipment preparation, shall be
limited to the hours of .7:00 a.m. to' 7:00 p.m. Monday through Saturday.
Devel9pmerit'activity shall comply with the Noise'Qrdinance,
G Approval of CUP 02-09 and DR 02-06 does not include sign approvaL Any signs
proposed for thisdevelopmentshallbe designed'and approved in conformance wifh
t/jeSoyth Poway SpeCific Plan Standards the Sign Ordinance of the Poway
Municipal Code.
H A minimum 8"foot-high masonry or ,textured' concrete screen wall shall be
constructed along the perimeter of the. outdoor storage yard. The design and
location of ,the Wall is subject to the 'approval of the Director of Development
SeNices, The c;olqr .of the wall sl1aJlbe ea,rth toned to blend with, the natural
surrol:lridings.Landscaping shall ~e .i11~talleg t6,~ciften and break up the exterior
appearance .ofthe waiL The wall shall maintain a minimum 35-footfront yard
setback,
" . .
:
005567 ResdlutionNo P-02-44
Page 5
l ThelT}odul~[ buildings shall be sitedinthestorage;yardlto observe a minimum35_
fodHire set_b?CK;ffqm;themil]imuffi 8cfo.ot-high masonryortextured.concrete screen
wall required alol]g t,h~*6l(therly and e~<stetIYedgeoftheyard (areas adjacent to
natural brush).forfiresatety purposes. Pemi'an.e.nfvisual markers,shallbeinstalled
and maintained in:thegi"6undof the st'orageyard'todelineate the limits,()fthe 35-
foot fire break setback,buffer
J At l~asr15 days priorto,movingthe modular buildings'to the site,. the applicant shall
contact the City Traffic' Engineering Division to coordinate the initial move-on
schedule.ofthe r'nod~lar byildings.
K. All staging, loading and unloading of modular Quilgings shaU occur on,the.subject
property Staging, loading or unloading of buildings is prohibited in the.street.
L. The holding tank for the truck wash pad area shall be emptied and maintained
regularly
M, The surfacing of the storage yard shall be consistently maintained in C1ccofdalJce
with Best Management Practices (BMPs) for interception of pollutants.'arS!/br
sediments before .Ieaving. the project site and in conformance with NPDES
standards,
N The applicant shall obtain a Grading Permit. Compliance with the following is
required prior to issuallce'of'aGrading Permit:
1 The grading plans!:1all be prepared on a City of Po way standard mylar at a
scale qf. 1 '!=20';C1,nd shall be sUbmitted?long with a grading permit
application a':1~ i:Jpplicable .fees to the Develbpmemt Services Department-
Engineering Division for reviewandapp!g\iaL Agradiiig plan submittal
checklistisiavailableatthe engineering'division front counter Ara minimum,
the grading plan shall show the following: '
a, All driveway approaches to the de"elopment shall be with 'alley type
curb returns.
b A separate erosion control plan {or prevention of sediment run-off
during construction.
c. All. new slopes with amaximum2~1. (~orizbntal to verticai) slope. Tops
and toes of graded slopes shall: be shown with a minimum five"foot
setl:>ackJrom open space areas and property lines. Buildin'gs.shallbe
locatedalleast five feet from tops,and toes of slopes, unlesswaived
Wthe Ptanning Division and/or Engineering Division prior to issuance
,ofa grading permit.
. .
005568 Resolution No P-02-44
Page 6
d. All utilities, together with the, appurtenances, and any easements.
Encroachments are not permitted upon any easement without an
approved encroachmenfa-greementlpermit
e. Locations otall utility boxes, clearly. identified in coordination with the
. ..1, _
respective utility companies, and approved by the City prior to any
installation work,
f All pavements for proposed parking lot shall hein accordance with the
minimum specifications of the City of Po way Municipal.CodeBection
12,20 OBO
g, Waterand;sewer connections to the new facilities.
h, Any proposed retaining walls, and top'and.bottom of wall elevations.
i. Show.th'er~quired minimum 8-foot',high'rnasoriry ortexture,concrete
screenwall along the perimeter of the storage' yard.
2, A soils/geological report shall be prepared by an engineer licensed by ,the
State of California. to perform such work, and shall be submitted with the.
grading plan., A slope stability analysis shall accompany the soils report.for
any proposed-fill slope over two feet in height
3 The,drainage system shall be capable of handling and disposing all surface
water within the'projectsite, and all surface water flowing ontothe project site
from adjacent lands, Saie system shall ihclude all. easements required to
properly handle the drainage. Concentrated flows across driveways are not
permitted.
4 To insure compiiancewiththe Clean Water'Act"theapplicant shallpreparea
Storm WaterPollution'Prevention Plan (SWPPP) that effectively,addresses
theelimihationofhq,n-,stor~ run-off into the storm drain systemortheinatural
stream, The SWPPP shall include, butnotb-e Iimited:tb, m,easLJres tp protect
construction material from being exposed to stormrrun"off, protection of all
storm drain inlets, onsite',concretetruck'wash and waste control, and other
mealJs of Bf\IIPs to effectively eliminate pollutants from entering the storm
drain system. The'applicantshall,~eJ1ifY'tt!e'SWPPP priortoapp~ovaLofthe
gradingand.improvement plans. The SWf'PPfll8Y be incorporated with the
erosion. control plan, but shall be under separate cover from the grading and
improvementplans.
5 f\1I I)i?W qrai[l,age improvements with pertinent elevations and 'grades.
Drainage catch basins, inlets, grate basins of .similar structures shall be
designed to be equippedwithstructLJral BMPs for interception of pollutants
It,' c., . .
,
005569 Resolution No P-02-44
Page ,7
and/or,sedih1erits:before.leavingtheproj~ct'site. BM8saresubject to review
and approval of the Director ofDeyelopmentServices.
6 The applicahtshCjJ!payallappli<:ableeogirie{etil1g;:plan chet::king, perlJ1itand
iilspeCtjon fees, TbeqriveWay constructLol]cosf snail ,be included in the cost
estimates for plan checking and determination,'ofinspection fees,
7 Grading;,securitiescin the,form of a performance bond, a cash,deposit, or a
letter of credit shall be posted with the Gity
8, The?pplica,ntshal1 applyfor a water system ~l1alysisto establish the location
,offire hydrants, las determined by the "'ire Marshal, al1dto determine the
adequacy, of the. existing water mains and any necessary water main
extension:to serve.the project. Thecostofthe,analysis shall be, paid by the
applicant.
9 Conqmeritly ,W1th 'the submittal of. the ;gradirig plan, a separate s'et of
improvement pial1sforthe onsite water improvements shall be submitted to
the Engineering Division,
10 A request for'a preconstruction meeting with a City Engineering Inspector
shall be siJpmitteq, g,nd a preconstructi6n,lllee'ltij:1g shall be helcj, The
a.ppjicantldeve!qpet.shall be responsible th!jt nece'ssary individuals, suchas
but not .limited to, contractors, subcontractors" project civil engineer and
project soils engineer must attend the preconstruction meeting.
11 A right~of-waypermit shalL be obtained from the Engineering Division'of the
Develol:lmeoLSettitices D,epartment:forariiw6tk to be done if) public street
rights"of"way'or .City:held, easements.
12. Grading ofthe;project,shall be in substantial cOl1formancewiththeapproved
qeveloPlTlent'plan aQd inaccordance,with tbeUniform Building Code, City
Grading Or(jinan~ce. City S!ormWa.ter MaJ\agementand Discharge'Control
Ordinance, and the South Poway Specific Plan,
J3., ErosJoncontrol;,including but not limited to desiltation basins, if necessary,
shall be instcilled andinaintciin~dfr9mQct9bet15tb to April'15th, The plan
shall be'prepared by the projectcivil,'el1gineer'Clnd'shall besllbmitteda's'pa.rt
of the grading'plan, The applicant shall make provisions to insure proper
maintenance. of all erosion control devices.
14 All two"waytraffic aisles shall be a minimum 9f 25 feetwide.
c . .
005570 R!,!solutionNo. P-02-44
Page 8
~5., Aljparlsihg,stalls sNll.bbserve a ii1ih ijnLJril'?,S:'fobt! setback from the rightcof-
WaY Parking stalls tbat are paD:lIleltg the street shall observe a minimum
40-foot setback from the right-oPNay
16. Landscaped areas between the building arid parking areas shall be 8 feet.
17 The gradirlg ,plan shallshbw and not~'all required parking. In accordance
with the SOLJth P6WCly Development Starir;jcirds1and a determination by the
City TrafficEngiheer, aminimum of 19 6nsJtesti!ndard-sizedparkingspaces
:shall be provided (based on total builaingatea~eihg9,2j1 square feet),
. '
Pursuant to the South Poway Specific Plan Development Standards, a
minimum of'onerofthe proposed spaces shall be designated for motorcycle
'parking: The minimum dimensions of a'. motorcycle space shall be 4 feetX8
feet. All pa~kirig ~pacesshallbe double,striped. The minimum dimensions
forstaridard,siied parking stalls shall be 8.,5 feetx 18,5 feet. The parkihglot
design shall complywith the Americans With Disabilities AcHor accessible
spaces.
18. Thegradingplan,shall show, atparking lotlislands,a minimum 12-incll'wide
walk adjace'nt ,to parking stalls. If shall also idepict wheel stops where
overhangii1g' vehicles would reduce the' minimum required planter
dimensions.
19 Use of recycled water will be required foronsitelandscape irrigation except
for areas around pool; spa and other courtyard;areas. Each site shall have a
de~igm~ted u~Elr ~q'pelVisor who has aMi-lded the San Diego County Water
Authority user superVisor class. County of San Diego pepartment of
Environmental Health will assess feesJortheJollowing activities:
a, Site Plan"Check $400.00 average costs"
b. ShutDown Test" $320,00 average costs'"
c. Title 22'lrispection $80.00 average cQsts.
'Based.on full cost recovery; actual fee:amount may vary.
"SQutd6w,ptestis required afinitial installation,and\atleast every four years
on. siles with both recycle'd and potable Water.,
20. Complete landscape construction, documents (and plan check fee).shall be
submitted ,for all areas of new construction. Plans shall be prepared in
Cl.ccon:lai1ce' with the Poway Zoning Code, and Guide to Landscape
Requirements aM shall includ!3 but not R.e limited to the following:
'a, Landscaping for all newlymanufactured and disturbE,ld slopes greater
than.a 5.1 slope.
. .
OOS571 Resolution No, P-02-44
Page 9
b ,Street trees per the, above landscape requirements, at 30 feet on
center, with flexibility in Clustering the trees to promote a natural
appearance in the spacing,
c, Landscaping for all new parking lots per the above landscape
.' , .
requirements, including a minimum of 'one 15-gallon size broad
spreading evergreen tree for every 'three. spaces, and ,landscape
islands between every 8to 10 parking spaces, Parking lots shall be
provided with landscaping sufficient;to'screenparking,areasJrom the
street, li~Ing~.arth berms, waIJsan9/o.rplantings.Screeni~g shall
achieVe a'minimum height of36 inches. except where site distances
are a factor
d. Irrigation plans consistent with the above landscape. requirements.
e. TJ1e owner shail permanently and fully maintain landscaped areas
within the adjacent public right-of"way: All existing irrigation and
landscaping within any designated LMD areas shall be protected.
f Parking, spaces may not overhang required Jandscape setback areas
orland~c~pe islands or strips, which haVe an inside, dimension less
than 6.feet.
g. Landscape areas between b,uildings and parking shall be at least 8
feet wide, not including sidewalks,. The plansliall sliow parking
observing thefeqUired setback frOm the building.
Ii. A wild land fuel mitigation plan shalL be submitted to eliminate any
potentialthreatofspread of fire from the proposed building and the
open ;space easement. This plan.is approved by the Directors of
SafetyiServices and Development Services,
0 Compliance with the fdllowingconditions is required prior to constructionof'public
improvements.
1 SubmittaLto theiCity for reviewandlapprdval.of improvement plans for onsite
publicwater system arid street improvements to the Development Services
Department for approval.
2, O[lsite potable water lines shall be constructed for fire hydranUsinstallation
a~ required,bytl)e City, Fire Marsh.al. The:si:Z,eahdlocation ofthewaterlines
sliall be 'that as established by a w?ter syst(3m analysis prepared by an
engineering 'firm designated ,and approved by the City. The
applicanUdevelopershall pay to the City the cost of preparing the analysis
prior to submittal of improvement plans.
. .
(105572 Res9.tution No P-02-44
Page 10
3 A 5,foot~wide ,concrete sideWalk shaH be j:l~()yided along the project's
frontage on, Kirkham Way
4 Public improvements shall be 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 supplemems, the current San DiegoH€!gional Standard Drawings and
the South Poway Specific Plan.
5 AII.new'and existing.electrical/communication/CATV utilities'shall.beinstalled
underground prior to installation of concrete curbs, gutters, sidewalks and
surfacing of the;streets. The applicant/developer isresponsible for complying
with the requiremeotsof this conditiol1, ~nd shall make the necessary
arrangements'with each of the serving utilities.
6 The locations and sizes of all utility boxes,andvaults within street rights-of-
way and the CityDs general utility easement shall be shown on the
improvement plans,
7 The applicant/developer shall pay the follOWing fees and post or pay
appropriate securities for public improvements:
a, Improvement plan checking and inspection .fees.
b. Perf9rrrlpnce and payment securities. The City Engineer may'waive
these securities if substantial amoiJrltofgrading iscomple.ted,prior to
installation of public improvements and there is sufficient amountof
grading securities still held by the Cityto complete the remainder of
the grading works and public improvements,
c. Right-of,wayand/or encroachment .permits, if required as hereupon
mentibne(j~
8 Submittal ofC! request for and hold a precgnstruction meeting with a City
Engineering inspector The apRlicClntf.develgper shall be responsible that
necessary individuals, suchas.butn()f:limitedto,'contractors, subcontractors,
project ciVil, engineer and project soils engineer must attend the
preconstruction meeting.
9 No privatedmprovementsshall be I?lage_d 'O['c.6osl[uctedwithin public street
rights"of-wayor City easements unlessany"one'of the'following is. satisfied.
a. Ar:I encroachment permit has: been issued by the City for the
improvements; or
.
. .
005573 Resolution No P-02-44
Page'11
b, An encroachment removal agreement has 'been executed by the
developer/owner and subsequeritlyapproved by the City; or
c. Approvalof.grading or improyemeritjjlan,s, on which a right-ofcway
permit, has been issued for the private improvements "shown. to be
. ~- , -~ '
constructed
<The City reser.vesthe right'to choose,anyorall,of the above, under certain
circumstanceswhen City deems necessary
6. The applii::aIJ!Ldev~IQper shall cause the, dedication of the following
easementst6 the City:
a. Aneasement, a minimum of 20.00 feefwidefor each new public water
lines, shall be dedicated to the City.
b A .processing fee shall be paid to the City at first submittal of
easement document for review Recordationofthe easement in the
office of the San Diego County Recorder may be deferred, with the
approval.of the City Engineer prior to issuance of building occupancy
P The applicant shall 'oPtCliri a Building Permit: Compliance with the following
conOitions is required prior to issuance of a Building Permit.
1 The site shall be developed in accordance with the'approved site plans on
file ,in the Development Services Depaitrilept;a09'thecoriditiohs'c6htC!illed
B.e[eHn. Grpdir:!9 Qf J6tsshall be in accprd,arice with the Uniform Building
Code, the City GradingOrdinance, the approved grading plan, the approved
soils report, and grading practices acceptable to the City.
2, Erosion control, including but not limited todesiltation basins, if necessary,
shall'be installed and maintained bythe.developertl:1rougho.utcOristruction of
the project.
3 Rough grading of the projectsite'shall,be completed and meet the. approval
of the City lrispedorand shall inclUde submittal ofttiefbllowing,
a. A certification of line and grade, prepared by the engineer'of work.
b A final soil compaction reportfor'review and approval by'the City
4 City approval of a soil compaction report shall, be obtained
5. City approval of'a certification of line and ,grade; The certification shall be
prepared by the project's civil engineer or City-approved designee.
. .
(j05'5~4, Resolution No P-02-44
Page 12
6 Prior to.start of any workwithinCity.-held easemenfs.orright-of-way, a right-
of~way permit shall be obtained from the Engineering Division .of the
Development Services Department. AII,appropriate fees shall be paid prior to
permit issuance,
7 The building plans shall depict all roof appurtenances, including air
conditioners, architecturally integrated, screened from view and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services.
8. The building plans shall identify theexterjor building colors and materials
consistent With th~ project. plans on file in the Development Services
., ....... .,.. . ,.' ..- - .,
Departrhentfor~Conditional Use Permit.02"09 and DR 02-06 dated April' 9,
2002, and project materials/color sample board on file, except as modified
herein,
9 The site plan shall show and note all required parking,
10 Trash receptacles shall be enclosed. bya6-foot~highmasonry wallwithview
obscuring gates Locations shall be subject to approval by the Planning
Division,
11 School imp'act~ees shall be paid at the rate established atthe time of bLJilding
permit issuance. Please contact the poway Unified School District for
additional information at (858) 748-0010, .ext..2089
12. The applicantshallcomply with the'latest adopted Uniform Building Code,
UniformMechanicalCode, UniformPlumbing€ode, NationalElectric Code,
Uniform Fire Gode and all other applicable~cQdesand ordinances in effect at
the'tifne of Buildin~r Permit issuance.
13 Details .ofany exterior lighting shall be .inciuded on the building plans,
including fixturetype(s) and design. Allexteriorlighting fixtures shall comply
with the South PO\o\lGlY SPi:lcific Plan 'Development Standards. Security
.lighting and parking lot lighting is. reqUired to below-pressure sodJumand
designed such. that they reflect lighfdownward, and away from streets and
adjoining properties, Parking lot lights shall not exceed a maximum height of
25 feet from the finished grade.
14 Both the aqminjstrative and warehouse buildings shall be installed on
permanent foundations.
15 Completion ofa property merger for Lots 3, 4 and 5 of Final Map 14230
. . .
005575 Res9lutlbn,No. P-02-44
'Page,13
1.6'. The following, development fees shall be paid to the 'Engineering Division
(unless other payee is indicated), The following, fee amount is ,currently in
~ffect and is subject to change without notice with, the exception. of water
meter cpnnectio[l,arfg expansibJ1Jees. The applicant shall pay the amount
ineffec;t attne'tinle of Building Permit issuanc~.
If a reclaimed'water main is available along the project's street frontage, a
minimum of two' water' meters shall be installed Jorthe,project; Le., one for
potable water and one for reclaimed meter for landscaping .use,
Water Dase:,c~pai:ity fee (Resolutigri No,91~1?3)
For 1" meter = $ 6,678.00 per meter
For 1 DD.meter = $10,388;OO"per meter
Other.'meter sizes = Contact Engineering Division
Water lTIeterf~e,(Resolution No. 91-123)
For 1" m~ter = $ 270 00 per meter
For 1.DD.meter = $ 600 00 perri]eter
Other meter sizes = Contact Engiheering,Division
SDCWA c.apilcity charge (applicable to potable water only) - To be paid
bys~parqte chec~, P?yable to San Diego CountyWater Authority but
remitted throu.gh the City of Poway
For 1" meter = $3,206.00 per meter
For 1 DO ,meter = $6,012.00' per meter
Other meter,sizes = Contact Engineering ,Division
Sewer connection fee = $30,941,50 (RerResolutionNo. P-0'1-05"
approving TTMOO-01 )(bOA # 279)
Sewer C1eanoutfee = $50 00 per cleanout
Sewer cleanoutihspection fee = $25,00 p'er c1eanout
Traffic mitigation fee = $1,237.50"
(9,271 SF of bldg. area+ 11000) x8trips = 75 trips (rounded up)
"75 trips x$6{)/trip x 0.25 =$1;237;50
DrainageJee = $15,012.92 (PerResolution No. P-01-05,
approving TTM00-01)
Park fee' = $33,776.40 (Per Resolution No. P-01-05,
approvin.g TTMOO~01)
. .
005576' Resolution No P-02-44
Page 14
Pro ra~!i, ~haIe for construction q!iScfipps Poway Parkway ==
$53,409 62 (Per Resolution No. P~01c05, approving TIM 00-01)
Street light energizing fee == $4iO 00 (pro rata share per
Resolution No. P-01-05, approving TTM
0O-01)
Q The'applicantshall constructthe following improvements to the satisfaction of the
Director of Safety Services:
1 Roof covering shall be fire retardant as per UBG>Section 1503 and 1504and
City of PowayOrdinance No. 64
2, The buildings shall display their numeric address:ina manner visible from the
access street: Minimum size ofthe building,numbers shall be'six inches on
thefronHacadeiofthe building. Building a~dclre!;s shall also be qisplayed on
the' roof in a manner satisfactory to the Director of Safety Services~ and
meeting Sheriff Department ASTREA criteria.
3. Every building hereafter constructed shall be accessible to'fire d~partment
apparatus byway.of access roadwayswith;all-weatherdriving surface of not
less than 20 feet of unobstructed width, with adequate roadway turning
radiLlsc:apable of,$tipporting the imposed:loads'oHire apparatus and baving
- - - --
a minimum of13'feet, 6:inches of vertical Clearanc,e. The road surface type
shall be approved by the City Engineer, pursuant to the City of Poway
Municipal Code.
4 The building will be required to ,ihstall an approved fire sprinkler system
rtleeting PMC r,equirements. Entire system istto be monitored by central
rrionitorLng cOfl)pf{hy: System post indiqltor valves with tamper switches,
also monitored,areto be located by the CityFii"e Marshal priorto installation.
5. An automatic fire alarm system shall ,be in.statl,~d,to approved standards by
properly licensed contractor The. system shall, be completely monitored by a
U L, listed central,:station alarm company or proprietary remote station,
6 A Knox Security Key Box shall be r,equired for the buildings at a location
determined by the' City Fire M,lrsbaL A Knox padlock shall be required for
the fire sprinkler post indicator valve.
7 Fire Departmehtaccess for use of-fire fighting equipment shall be provided to
the immediate job construction site at the stan of construction, and
maintained atalr,times until construction is,completed.
8. Permanentaccess.roadways for fire apparatus shall be designated as 'Fire
Lanes: with appropriate signs and curb markings.
. . .
.
005577 Resolution No P-02-44
P?Qe 15
9, Aminimum 3A40BC fire Elxtinguisher is)equiredforevery3,OOO square feet
. ." ,- ,
aria 75 fe'ettravel distance,
10 Theaddi~toriof:onsite fire hydrants is reqUired. The location of the hydrants
shall bedetermiried by the City Fire Marshal and shall be shown on the site
and grading plans,
11 Prior to delivery .of combustible .building materialonsite, water and sewer
systems shalLsatisfactorily pass all required tests and, be connected to the
public waterand;sewer systems, In addition; decomposed granite or gravel
roadways that are able to support the weight of fire apparatus shall be in
place. to prcivide,cjdequate access for ernergEl,ncy vehicles. This condition
may be modified dependent on variable weattierconditions.
12. N.F.P.A. Standard :704, Hazardous'Materials.Labeiing, shall be provided as
necessary throughout the buildings.
13 Fire sprinkler riser(s) shall be located within 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
c1earancefrorl) the standpipe or attached additional risers, accessible bya
3'0" man. door
R Prior to issuance of'a Certificate of Occupancy the.applicant shall comply with the
following:
1, The site shall be developed in accordance with,the approved plans on filedn
the Developmenf Services Department for both DR 02"06 'and CUP 02-09
along with the conditions contained therein/herein, A final inspection from
the appropriate City Departments will be required and approval for
occupancy obtained.
2. Driveways, drainage facilities, slope land~cl'!pLng aild protection m!'lasures,
and utilities, :shall be constructed and cornpleted, and inspected by the
Engineering Inspector
3: An adequate:drainagesystem capable of handling and disposing all surface
water shall be provided to thesatisfaction'ofthe'Engineering Inspector-.
4 All proposed utilities within the project site shall be installed. underground.
5. Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per Section
16:52,1308 9fthElGradillg Ordin,ahce, Record drawings shall. be submitted
in a manner toailow the City adeqLiat~time fCirreviElw and approval prior to
issuance of occupancy and release of gra'ding securities. .
. . .
.
005578 Resolution No. P-
'Page 16
6. Completion of public improvements.
7 City approval of record drawings ofthe grading and improvement plans.
8 Dedication o(easements to'the ,City for new publicwater lines and general
utility easement.
9 Posting of a warranty bond for the constructed public water system
improvements shall remain in effectfora period of one year
10 Grading securities,shall be released only upon completion ofthe grading and
upon City approval ofthe record drawings ofthe:grading plans,
11 PerformClnce securities for public improv.emen~s, if posted and separate from
ttiegrading securities, shall only be reduced' twice before completion of
improvements;
12, Payment securities and remaining perforfl)~nce securities, if any, shall be
released no sooner than 90 days aftepCity:s acceptance ofimpr6vements,
posting of warranty'security, and approval of record drawings,
13, All landscaped areas shall be maintained'in a healthy and thriving condition,
free from weeds,tr.ash, and debris. The trees shall be encouraged and
allowed,to tetain;~natlJral form. Pruning should be restricted to maintain the
health of the trees ahd to protect the. pi.Jplic safety Required brush
management shcilL.be completed to the satisfaction ofthe Directors of Safety
Services and Development Services.
14 The applicantshall complete the followingto the-satisfaction ofthe Director of
Public Works:
Section 6 Theejpproval ofC,o,nditional Use Permit 02-09,and Development Review 02-
06 shall expire on,August:6, 2004, at 5:00 p.m. unless;. prior to that time, a Building Per.mit
has been issued and construction on the property in reliance on the CUPIDR approval has
cOmmenced prior to its expiration.
SeCtion 7. Pursuant to Government Code 'Section 66020, the'90-day approval period in
which the applici=lM~ inaY'protestthe impositloriof any fees"dedications, reservations, or
exactions imposed pursuantto this approval shajrbegin qri August 6, 2002.
-',;" \1... . .
OQ55if9 Resolution No. P.,o2-44
Page 17
eAS~.ED, AbOPTEpand APPRO\/ED by the <:;ity GoiJIjc;lI ofthe.City of Poway,
State of'California;.'this 6th day of.August 2002.
or
ATTEST'
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, !-orLAlJne Peoples, City Clerk of the City OfPOWClY, d6 hereby certify"under t~e
penalty of perjury, that the'foregbing Resolution NO..P"02,,44 ,was duly adopte'd by,the
City Council:at a meeting of said City Council held on,the 6th day of August 2002, and that
itwasso adopted by the following vote:
AYES' EMERY; GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSTAIN: NONE
ABSENT NONE
\ Q
Lor Ahpe, Peoples, City Cle k
City of poway