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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 In :the event thatGUP 02-09 expires or is rescinded by City Council at tfle requestof'the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In theceveht of litiga.tlon,to enforce the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