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Covenant Regarding Real Property 2002-0060302 ".:;: ":'" . . 005308 DOG 9 2002""-0060302 RECORDING REQUEST BY: ) JAN 24. 2002 9: 01 AM ) " CITY OF POWAY )llFfICIAl RECORDS ) SAltDIEGO'COUNTY RECORDER'S OFFICE WHEN RECORDED MAIL TO: ) GliIGORV J. SHITH, COUHTV RECORDER ') ms: 52.00 CITY CLERK ) CllY OF POWAY ) POOOX7M ) .,- POWAY CA 92074-01089 l "II" "II " " "" "" I "II" fg" No TransferTilx Due ) (This s. ' 2002'0060302 IlPf APN: 314~710-35 COVENANTREGARDING REAL 'PROPERTY Roqer A. Mohrhoff, Trustee of .the Mohrhoff Family Trust, PROPERTY OWNER ("OWNER" hereinafter) is the owner of real propertydes<::riRed in Exllibit A wl:tich is attached hereto and made a part hereof and which is commohly known as Assessor's Parcel Numbec 314_710"35 CPROPERTY" hereinafter). In consideration of the approval of CUP 01-08, and DR 01-07, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. ,In the event that CUP 01,08, and DR 01-07 expires or is rescinded by City Council at the request of the 'OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation to enforce the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 ,ofthis Covenant, the prevailing party'shall be entitled to full reimbursement of all costs, inCluding reasonable attorneys' fees, from the other party OW~ Dated .17.--;;'1,(,,\ By',' ", " - 09;' A - 0~'h6fr, no"" - (NO""'I Dated 1I1~/,,( prnent Services !l:'~8J,r;::J-R n:J-/)tJ.1. ':, t 00i309 , AL;;L:i.pURPOSEACKNOWLE ENT i, !' I - ~ "__ I', State of (I~, l f(fY I~ f) I ~ County of On +-fe tIJ personally appeared o .e,A f(; N'~*)ofSig",,(,) DpersonaIlY~,nown to me - OR - 'Provf;ld to me on the basis of satisfactory evidence to be theperson~ whose name.(sl islaresubscribed to the within instrument and acknowledged to me that he/ehe,~hey executed the,same,ihtiis/tle'flthf.ir authorized capacity{iest and that by hisll1er}lheirsignature(&fon the instrument the perso~,or the entity upon behalfo(wtllchthe person(s)acted,execLJied the instrument. Ij- ~~~~,-I 1, Notrny ?~- ~gng ~ 'Oronge.Counly t ' ~ _ _ _~~m.~~~~ Though:tha databe;ow is not required by law,' it.ma ,prove valuable to persons rely;ng on the document and could prevent fraudulent i'emova/.and reattachment of this forrri:to another document. Description 'of. Attached' Document "U,,, Typo o'D"'"~t t:i:"'1I {fer".Jd.! j IA J ;J rolJR ply Document,Date: 11M I (? I Number of Pages: Signer(s) Other Than Named Above: -8-- Capacity(ies)Chiimed by Signer(s) Signer's Name: &Jlr /f. l110h i^of$ Signer's Name: a--rnd,i"idual o Individual o Corporate;Officer o Corp()!ate Officer Title(s): Title(!} o Partner - 0 L:imited o General o Partner - 0 Limited 0 General o Attorney-in-Fact o Attorney-in-Fact o Trustee 0: Trustee o Gu'ardian or Conservator RJ9HT THUMBP"lN.T o Guaraian,or Conservator RIGHT THUMBPRINT OiCSIGNER OF SIGNER o Other' Top of.thumb-here o Other' Top'of,thumbhere Signer Is Representing: Signer Is Representing: S0294(R02J11-2000) 1994 NATIONAL NOTARY ASSOCIATION -8236 RemmetAve.;P.O. Box 7184 -Canoga Park, CA 91309-7184 ; ,,' . . !'I" 005310 LEGAL DESCRIPTION EXHIBIT"A" Parcel 11 of Parcel Map No 15808, in the City of Poway, County of San Diego, State of California, according to Map on file in the Office of the 'County Recorder of San Diego County, September 21, 1989 ;, O~:11 ,.1, . EXHI BIT B RESOLUTION'NO P..Q1~65 , ' A RESOLUTION OF IHEClrY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 01-08 AND DEVELOPMENT REYIEW01.07 ASSESSOR'S PARCEL NUMBER314-71 0-35 WHEREAS, CUP 01-08 and Development Review 01-07, submitted by Ron and Judith Stephens, Applicants, requests a Conditional Use Permit to establish a pre- school, ona vacant 1,75-acre property located within Twin Peaks Plaza on the southwest corner of the intersection of Twin Peaks Road and Ted Williams Parkway in the Commercial General (CG) zone; and WHEREAS, on Qecel!lber 11, 2001, the City..Council held a duly advertised, . .' '. publich~aring to soliCit comments from the public, both pro and con, relative to this application. NOW; THEREFORE, the,City Council does hereby resolve as follows: Section 1 The City' Council finds that ConditionaJ LJ!je Permit 01~08 and DR 01-07 are C~tegorically Exempt fro)ilthe' provisions of the Califcimia Environmental Quality Act, pursuant to Section 15303, Class 3, in that the project involves the constrUctibnof small commercial ,buildings (not exceeding 10,000 square-feet in total area) ona lot zoned for the proposed use. Section 2: The finding13, in accordance with Section 1748,070 of the Poway Municipal Code for CUP 01"08 are made as follows: A The proposed use will be locating on a vacant commercial lot within an existing shopping center The size of the pre-school is appropriate for the use and its location: The design of the pre-school facility is appropriate for the use and the surrounding area; The proposed project is.a permitted use in the CG zone, with the approval of a Conditional Use Permit. T~e projecf will comply with all of the relevant codes and standards of the City of Poway Therefore, the proposed location, size, design, and operating charaeteristics of the proposed use are in ,,!ccord with the title and purpose of Section 1748:070 of the Poway Municipal Code, th~ pUrPose 6fthe zone in which,the~site is'located, the City General Plan, and the development policies andstandai'dsofthe City B The pre-school facility has ,been designed to be consistent with the architectural style of the adjacent commercial center The location, size, and design of the proposed facility are <1ppropriate for the use, and are consistent or superior to surroLiilding development. The facility will be operated under license of the State of Califomia. The facility will be required to meet City of Poway standards for c" . C>C>~~\~ ..dsoi~Ja~Ml~(1l~65 , , Page 2 noise ~andoperating' hours, and parking/loadi(1g, Therefore, the location, size, design, and operating characteristics oftheproposed use will be compatible with and will not adversely affect or be materially'detrimental to adjacent uses, residerit's, buildings; structures, or natural resources, C The proposed use will be locating on a vacant commercial lot within an existing shopping center Tile, pr,e-school will meet. or exceed standards for scale, coVerage, and density Therefore, the hanmony in scale, bulk, coverage, and density of the project is consistent with adjacent uses. D There are public facilities~services, and utilities available, E. The proposed use will, not create a negative visual impact Therefore, there will , not be a harmful effect'upon desirable neighborhood characteristics. F The project will not increase traffic beyond the capacity o~ Ted Williams Parkway or other streets serving the project A condition of approval' for'the project requires that a traffic ,analysis be completed prior to grading permit issUance to determine whether timing modifications are necessary at the Ted Williams Parkway and Pomerado Road intersection traffic signal or the Ted Williams ParkiNayand Twin Peaks Road intersection traffic signal to maintain or improve traffic flow Thefiodings of that analysis are included as conditions of this approval. Therefore, the generation of trilfflc will not adversely impaCt the capacity and physical character of surrounding streets and/or the circulation element ofthe General Plan. G The proposed pre~school is allowable in the CG zone, and the use will be compatible vyith adjacent commercial development, and adequate separation exists to buffer the use .frol11 existing across the street residential development Therefore, the site is suitable for the type and intensity of use or development that is proposed. H, The use involves no hazardous materials or processes nor does it affect natural resources. Therefore, there will not be significant harmful' effects upon environmental quality'and natural resources. I There are no other relevant negative impacts ,of the proposed use that cannot be mitigated, J The impacts, as described above; and the proposed location, size, design, and operating characteristics of the proposed iJseand the conditions under which it would be operated or maintained will not be detrimental to the public health safety Section 3 The,~l1dings, in accordance with Section 17.52 of the Poway Municipal Code for Development Review 01-07, are made as follows: . 005313 .solution No P- 01-65 Page.3 A. The prpject is ccinsist~ritwith ~he Poway General Plan in that it proposes the construction ota cprT1lnercial Duilding in a commercial area of the community where there are similar uses. B The project will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties; because tDe site and the building have been designed with reference to the surrounding buildings within Twin Peaks Plaza Commercial Center. utilizing similar materials, size, scale, and other architectural features. C Thafthe d,evelopment is in compliance, with the Zoning and Grading Ordinances as it complies with the property development standards of the CG zone. D That the- development encourages the orderly and hamnoniousappearance of structures and property within the City as the surrounding properties consist of commercial properties and single-family residences. SeCtion A The findings in accordance with Government Code Section 66020 for the public improvements arecmade as follows: A. The design and improvements of the proposed ,development ,are consistent with all elements of the.Poway General Plan as well as City ordinances, 'because all necessaryservisas <md .facilities will be avallable to serve the project The provision of public, irnprovements and payment of development fees 'are needed as a result of the proposed developmentto protect the public health, safety, and welfare.as identified below' 1. Drainage improvements shall be provided for the increase in surface water runoff; and 2. Water and seWer fees shall be paid and on-site improvements constructed to provide water and sewer service to the development; and 3 Access to the'site will be provided in accordance with City standards and to ensure adequate emergency access. Section 5: The City Council hereby approves CUP, 01-08 and DR 01-07 to develop and establish a 9,313 square-focit pre"school on a vacant lot located on the southwest corner of Twin Peaks Road and Ted Williaf!.1s P'!tkW~y'inthe CG zone, as shown on the plans dated November 1, 2001, subject to thefdlloWing' conditions: A. Within 30 days of approval: (1) the applicant shall submit in writing, that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property . 00$314 eesolution No P-0l-65 Page 4 B Approval of this requestsbEli not waive; compliance with the Zoning Ordinance and all other applicable Qity ordinances in ,effect at the time of building permit issuance. C The use conditionally granted by this permit shall not be conducted in such a manner as to interierewith the reasonable use and enjoyment of the surrounding residential and commercial uses. D This Conditional Use Permit may be subject to armual review as determined by the Director of DeyeKlpment Services for compliance, with the conditions of approval and to address concerns that may'have:occurred during the past year E, The site shall be developed in accordance with theapproveq site plans on file in the Development Services Department and the conditions contained herein. The applicant shall comRly with the Poway Municipal Code and the latest adopted' Uniform Building Code, Uniform MechariicalCode. Uniform Plumbing Code. National Electric Code, Uniform Fire Code, an,d all, other applicable codes and ordinances. F Prior to issuance of abuilding permit, a grading permit shall be obtained. Prior to grading permit issuance, unless other timing is indicated, the applicant/developer shall complete the following: 1 A grading plan sh(;!1I be prepared on City of Poway standard3mm, 24"x36" mylar, with a scale of 1"=20' or larger The grading plan shall show the following: a. All new slopes with a maximum 2:1 (horizontal to vertical) slope. b The driveWay shall comply with !he specifications provided in SectioriH.08.,170D of the Poway Municipal Code, and including minimum structural sections together with their elevations and grades. All driveway approaches to the development shall consist of alley tYPe curb returns. c. A separate erosion control plan for prevention of sediment run-off during construction. The erosion control plan shall show the installation of gravel bags in lieu of sand bags. d. All utilities '(proposed and exi~ting), together with their appurtenances"and associated ea-sj3ments, Encroachments are not , - permitted upon 'any easement without an approved encroachment agreement/permit. e Locations of all utility boxes, clearly identified in coordination with the respective utility companies;.and approved by the City prior to . . .dsolution No P-01-55; OQ5;J~5_ Page 5 ---. any installation work. 'No trenching for utilities will be permitted until the proje'~t planner nas C1PJJ;roved the plans and CI copy is given to Engin,eering In,Sipecto[:,Utility ,boxes shall be screened to the satisfaction of the Director'otDevelopmeht Services. f. Tops and toes of graded slopes shall be shown with a minimum five-foot setback from property lines, Buildings shall be located at least five feet from tops and toes of .slqpes, unless waived by the Planning Division and/or Engineering Division. g. All proposed retaining walls;, sheill be part of the grading permit. Structuraf calculations shall be submitted to the Engineering Division for review for any non-standard walls. Show top of wall and bottom of wall elevations for the:new retaining walls, 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. 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., Said system shall include all easements required to properly handle the drainage, Concentrated flows across ClriVeways are not permitted. 4 An adequate drainage system around the building pad capable of handling and dispOSing all 'surface water, includingroof'drainage, shall be provided to the satisfaction of the Engineering Inspector 5 To insure compliance with the Glean Water Act, the appiicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) th~t effeCtively addresses the elimination of non-storm run-off into the storm drain system or the natural stream. The SWPPP shaIPinclude, but not be ,limited to, an effective l)1ethocl of hillside erosion and sediment control, a material storage site, measures to protect construction material from being exposed to storm: run-off, protection of all storm drain inlets, on-site concrete truck wash. and waste control, and other means of Best Managemeht Practicestb effectively,eliminate pollutants from entering the storm drain system. The applican,t shall certify the SWPPP prior to approval of the grading and improver,neht plans. The SWPPP may be incorporated with the erosioncbntrol plan, but shall be under separate cover from the grading and improvement,plans: 6 The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees, . 005~31!6 e'::SOlution No P~ 01-65 Page 6 7 Grading securities inUie form.ofjap~ffofmance bond and a cash :deposit, or a letter of credit shall be posted with the City A- minimum $2,000 cash security is required. 8 Since the additions ,of on-site fire hydrants required, a new fire hydrant, a water system analysis may be required and shall be prepared to establish the, proper size and location of the public water system. Improvement .plans for the fire hydrant shall be submitted for review to the Engineering Division prior to issuance of a grading permit. The applicant shall pay the City the costs for'preparing the analysis,: plan check, and inspection fees, 9 Complete landscap~ construction documer:lts shall be submitted to and approved by the Planning Division. Landscape plan check fees are required uponsubmfttal of the plans: -Plans shall be prepared in accordance with, the South Poway Development Plan and the City of Poway Guide to Landscape Requirements (latest edition) and include the following: a. Stre.et t~e~s, a minimum of 15-gallqn size or larger, shall, be installed in:8ccordance with t~E'l City of Poway Guide t6 Landscape Requirements and shall be planted at an average of 30 feet on center spacir:lg along all streets. b. Landscaped areas within the adjacent public right-of-wC!y shall be permanently and fully maintaioed by the owner All existing irrigation and landscaping wittiin any designated LMDshall be protected. c. Parking spaces may not overhang required landscape setbaCK areas or landscape islands or strips that have an inside dimension lessthan6-feet. d. The project site/grading plan shall be revised to include an additional landscape island along the southerly portion of the parking lot. A landscape island is required every 8~10 parking spaces. 10 A traffic analysis prepared by a. recognized Traffic Engineer shall be submitted to the: City Traffic Engineer and Planning DiVIsion for review The analysis shall, cover before: and after level of service calculations at Ted Williams parkway and Pomerado Road ,and Ted Williams Parkway and Twin Peaks Road. The traffic analysis shall also assess the adequacy of the proposed on~site parkirlg supply and pre-school drop off facilities. Projectre-design shall be accomplished as deemed necessary . 005317 edsolution No P-01-65 , Page 7 by the Director of DeveloPrnentServices prior to issuance of a grading permit. 11 All two-way traffic aisles shall 'be a minimum of 25~feet-V\Iide, The proposed ,traffic aisle of the tumarqund area shall be redesigned to confonil With the 25"fbot minimum' width requirement. 12, Separate ped!'lstrian access shall be provided from the parking lot to the building complex,area. G Prior to building permit .issuance, unless other timing is indicated', the applicant shall comply with the following: 1 The appropriate ,Building Department approvals shall be received prior to initiation of construct ion. 2. The building plans shall be consistent with the approved project plans dated November 1, 2001, and on file in the Planning Division as amended by these conditions 3 Revised site plans and building elevations incorporating aiL conditions of approval shall be submitted to the Development Services Department prior to issuance of building permits, 4 The building elevation shall show' all, roof appurtenances, including air cohditioh~rs,architecturally integrated, scre,ened from view, and sound buffered '{rgm~fljacent properties and street~, to the satisfaction of the Director of Development Services. . 5 The plans shall show all new and existing utilities placed underground, 6 School impact fees ,shall be paid at the rate established at the time of - ~. ',' .'- . . .. . - - . - . building permit issuance. Please contCjct the PowaySchool lDistrict for additional information at (858) 748-0010, ext. 2089 7 The building plans shall depict the exterior building materials and colors. 8. Water, sewer, and 'fire protection ~ystems plans shall be designed and ,constructed to meet fhe requirements of the City of Poway 9 The maximum height of any fence or. wall shall not exceed 6,feet. 10 The following development feessha!1 be paicj to the Engineering Division prior to building permit issuance. These fees are currently in effect and are subject to change, . ,\ . 6dSolution No P- 01-65 Q05'3:18 Page 8 Traffic Mitigation: $2;970 Drainage '$1,570 Park: $None Sewer' $50 (Clean-out Box) $25 (Inspection) $20,356 (Connection) Water: $3,710* (Base Capacity) $130' (Meter) $2,004*(SDCWA Capacity Charge") *Based on 'Yo" meter. For fees on othe[ sizes of water meter, contact Engineering. .. To be paid by,separate check, payable to the San Diego County Water Authority (SDCWA), Payment shall De remitted through the City 11 Rough grading of-the lot is to be completed'and meet the approval of the City Inspector'andshall include submittal of the following: a. A certification of line and grade for each lot, prepared by the engineer of work, b. A final soil compaction report, 12. Prior to startof'any work within City held 'easements ,or right-of-way, such as construction of the driveway, a right-of-way. permit shall be obtained from the Engineering Division, All appropriate fees shall be paid prior to permit issuance. 13 Erosion control" including but not limited t() dElsolation basins, using Best ManagemenU?ractices, shall be installed and maintained by the developer througho\lt construction of the project. 14 All buildings' shall ,have an approved fire sprinkler system. meeting P.M,C. requirements. The entire system shall be monitored by a central monitoring company. System 'post indica~()rval\ies with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. 15 An automatic fire alarm system shall be insta!led to approved standards by a properly licensed contractor ~ysteiTlshall be completely monitored by a U.L. listed central station alarm.company, or proprietary remote station. 16 A hood an,! duct extinguishing system shall be installed for all cooking facilities within th~ kitchen area. Plans are to be submitted and approved, prior to installation. . .Solution No P- 01-'65 005319 Page 9 17 A 'knox' Security Key Box .shall 'Oe'provided for the building ata location deterrn[hed .by theeity Fire Marshal. A. "Knox" padlock shall be required for the fire sprinkler system Post Indicator Valve, 18 Fire Department access for use of ,fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained ,at alltimes until construction is completed, 19 The addition of on-site fire hydrants is ,required. The location of the hydrants sh~fl"be:d~termined by the City Fire Marshal. 20 Prior to deliveryof'combustible building material on site, water and 'sewer systems shall satisfactorily pass all required tests and be connected to the publicwaterandsewer systems, In addition, the first lift'ofasphalt paving shall be in place to provide adequate;, p.ei'T11an~nt .access for erii~rgel1cy vehicles. Thef!rial lift of asphalt shall not oeinstalled until all, other construction activity has been substantially'completed to the satisfaction of the City 21 Fire,sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access rna,n dobr poor shall be label~dwith a sign indicating "Fire Sprinkler Ris~r" When the closet Illethoc::lis' chosen, applii::art shall provide 36 inches of clearance from the standpipe or attached additiohal risers, acceSSible by a 3'0" man door, 22. Trash receptacL~s shall be enclosed within a 6-foot-high decorative masonry wall with view-obstructing gates pursuant to City standards, 23, Lighting shall comply with the following: a, All outdOor light fixtures, including but not limited to illuminated signage;, decl;n:ative building or landscape lighting, and parking lot lighting, shall be turned qff betwe~n the hours of 11:00 p.m" and sunrise, except when used for security purposes. iIIiJmination of roadways, sidewalks, and similar safety-related applications. Automatic tii'nil1g devices shall 'beintegrated into all new or modified ligtiting systems to turn off lights at 11 :OO'p.m. b All lighting used in parking ,lots, for security purposes or similar safety-related uses, shall be low-pressure sodium except where the City Council has issued an;exemptionpermitto allow high-pressure sodium lighting. The City Council may ,Issue such exemption permits where the City Council finds that unusual circumstances dietatethe use of brighterlighting'forsafety reasons, . 005320 .dSolution No P-01-65 Page 10 c. All ,exterior lighting shall be scheduled so that light rays emitted by the fixture are projected' below the imaginary horizontal plane passing through the lowest point of the fixture and in such a manner that 'the light is directed away from streets and adjoining properties. d lIIl:Jminators should be integrated with the architecture of the building, e Freestanding lampposts shall beno,taller than eighteen feet. f The intensity of light at the boundary :of any multi-family zone shall not exceed 75-foot lambertsfrom a source of reflected light H. Prior to the City's approval for occupancy and tEtleaseof securities, unless other timing is indicated, the:applic:ant shall comply with the following: 1 All conditions of 'approval contained herein shall be completed to the satisfaction oftheDirector of DevelopmentServices. 2. The applicant, shall contact the Administrative Services Department and obtain a City of Po way business license for the uSEl. 3 The applicant' shall obtain the required approvals and permits from the appropriate county'and state agencies for the pre-school use. 4 Landscaping anq irrigation shall be installed in accordance with approved - project,landscapihg plan. 5, Record drawings of the grading plan signed by the engineer of work, shall be submitted to Development Services prior toa request of occupancy, per Section 16.52.130B of the grading ordinance. Record drawings shall be submitted ina manner to allow the City adequate time for review and approval prior to ,issuance of occupancy and release of grading' securities, 6 The driveways, parking lot drainage improvements, retaining walls, all slope protection and erosion measures, and utility connec:tions including Water and sewer shall be completed by the applicant and inspected by the Engineering Inspector. 7 Paving of the parking lot shall conformtb the standards set forth in Section 12,20,080 of the Poway Municipal Code. 8 All two-way traffic:aisles shall be a minimum of 25 feet wide. A minimum of 25-foot-wide emergency vehiCle access shall be provided, maintained free " . . , , '1. .solUtion No P- 01-65 00532 Page 11 and clear at 'all times during construction in accordance with Safety Services Department requirements. 9 All. parking spaces shall be. double striped. The minimum dimensions for standard sized parking stalls shall be'8.5',x 18,5' The parking lot design shall comply with the: Americans with Disabilities Act, for accessible spaces with one van accessible space. 10 All proposedutflities shall be installed underground. 11 The following improvements shall be constructed to the satisfaction of the Director of Safety. Services: a. Roof.c6x~r,ingshall be fire retardant testing as per Uniform Building Code Section 1'503 and 1504 and 'City of Poway Ordinance #64 b, The building, shall display their numeric address in a manner visible from the access ,street. Minimum size: of the building numbers shall be six inches on the front fa9ade ofthe building, Building address shall be six inches on the front fa9ade of the buildi,ng. Building address shall also be displayed on the roof in a manner satisfactorY to the Di'rectorof Safety' Services, and meeting Sheriffs Department -ASTREA criteria. c. Every, building hereafter constructed. shall be accessible to Fire Departmentapparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed. width, with adequate roadway tuming radius gapableof supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical.:clearance, The road surfaceitype shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. d, Permanent acc;ess roadways: for fire apparatus shall be designated as "Fire La'nes"'with appropriate sighs and curb markings. e. Minimum 2A: 10BC fire extinguisher required for every 3,000 square feet and 75' travel distance. 12, The property shall be annexed into LandscapeMaintenance District 83-1 B to the satisfaction of the Director of Public Works: I Upon occupancy, the folloWing conditions shall apply' 1 All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds" trash, and debris, ; . ~" . 0053Z2 .solution No pcOl-65 Page 12 2. Any signs proposed forthis,development shall be designed and approved in conformance, with the,Sign0rdinance, 3 No outdoor paging systems or telephone bells or similar devices shall be used. 4 The maximum mj!J1ber of children enrolled and/or attending the pre-school facility at agiventlme shall not exceed 180 5. The proposed signage for the droP-9ff/picKup locations shall be maintained for the life of the facility, unless otherwise approved oy the Director of Development Services. 6 At no time shail noise from any ,source exceed the noise standards contained in thePoway Municipal Code. 7 The applicant shall ensure that adequate on-site parking and drop-off facilities are maintained at all times. 8 The proposed hours of operation will be Monday through Friday, 6:00 a.m. to 6:00 p.m. Section 6. The,termsand,cqnditions of Conditionlil Use Permit 01-08 and Development Review 01-01' shall be l:iinding upon the pelJl1ittee and all persons, 'firms, and corporations having an ihterest'io the property subject'to these Rermits and their heirs, executors, administratorS,successorS, and assigns of each of them, including municipal . corporations, public agencies, and districts, Section 7 This approval shall become null and void if bLiilding permits are not issued for this project by December 11, 2003, at 5:00 p.m. Section 8 Pursuant to Government Code Section 66020"the gO-day approval period in which the, applicant may protestthe imposition of any fees, dedications, reservations, or exactions imposed pursuanl'to this approval shall begin on December 11, 2001 " . , .. 005323 .SolutionNo P- 01-65 Page 13 PASSED, ADOptED AND APPROVEEJ bylhe City Council of the City of Poway, State of Califoniia, at aregular meeting thi~ 11th day of December 2001 --- -- / / ,/ ATTEST Vh&Mje O;Jru&2 Sherrie D Worrell, City Clerk. STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing 'Resolution No. p~Or.,.65 . was,duly adopted by the City Council at a meetiD9 of said City Council held ori the' 11th day of December 2001, arid thatitwas so adopted by the following vote: AYES GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSTAIN NONE ABSENT' EMERY ~~ SherrieD. Worrell, City Clerk City. of poway n :\cily\planning\O 1 report\cup\cupO 1 08res,doc