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Covenant Regarding Real Property 2002-0021497 , . DOC. 2002-0021497 - a.,. , RECORDING,REQUEST BY ) JAN 10. 2002 8:18 AI'" ~ ~ ) CITY ClFPOWAY ) OFFICIAL RECO~:DS ) SAr~ DIEGO COUNTY RECORDER'S OFFIce WHEN RECORDED MAIL TO: ) G~IGORY J, SMITH, COUNTY RECORDER ) FEES: 43,00 CITY CLERK ) ff CITY OFPOWAY ) P 0 BOX7B9 ) 13r POWAY CA 92074-0789 ) ) No Transfer Tax Due ) (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Sikh Foundation Temple, a California non-profit Corporation., pROPERTY OWNER ("OWNER" hereinafter), .is the owner of real property ("PROPERTY" 'hereinafter), commonly known as Assessor's Parcel Number 3-17"1,52"02 and more particularly described in Exhibit "A", which is attached hereto and made a part hereof In consideration ofthe approval of Conditional Use Permit (CUP)80-15M(2), a request to allow the remodel and expansion,ofan existing main building by392 square feet to 5,280 square feet, the addition ora 4,752 square foot two-story multipurpose building, and the addition of a 455 square foot garage, located on PROPERTY, by the City of Poway("CITY" hereinafter), OWNER hereby agrees to abide by conditiClns 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 ofthe respective parties. In the event that ~UP 80-15M(2) expires or is rescinded by City Council, CITY shall expunge this Covenant from the record title of PROPERTY In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party OWNER: nip/Of , Dated: By' 1(,-\,.... t { (\clclt-a .- (Notarize) S;ldi\- I ) \E-Il\flI'E CITY OF POWAY / r .~I -----'- ',,, --- , I ~. F I / / ,~ ~- Dated: , By' . / /.(; /C ,...... Niall Fritz, Director of Development Services tJety / COif C;J -otA ;;;c 3 -CJ8 ,oS'[):I-i 9 . . . . CALlIFORNIAALL~PURPOSE ACKNOWLEDGMENT (s::s:~~-s:~.d:<<.c<'d'~~.rt~~~~~k<:f.~-c.t;:F&hs:~~r:<'c;'~~.Q:~~<<'5:5:5:':':-:-~~~Q"::.~ !.? " " ~ State of California }ss ~ y ~I (, Sh-: L\~/:;-o " '" I, County of c ~ , p, c, p ,On \)~ C N:JrlVzv:-; Pi " ~) ~f? PUg'U L'~ ~ ' e, Dale , '''Ja~Oe'Notary ublic") Ii i~A-N \ " P personally ,i"ppeared " " ~ ~ o personally, known to rne l~ '^ " ~ ~ proved to me on the basis of satisfactory .., (') Ii c evidence " p (, p, ~; I, P to be the person(S}- whose name(~ @are ~, ':) p, subscribed to the within instrument and " ? B acknowle'dged to me that @She/they executed ,~ > )<, the same in ~e)-fth€ir authorized f p " capacity(ie's), and that by @1erJtheir ~ r signature(sj'fln the instrument the person(s.), or ?i F~ " the entity upon behalf of which the personfl;) /, '0 " (, " acted, executed the instrument. R (' " " 0 ~ WITNESS Ii' c, ,) ,) (, (i ~' jj [' Place Notary Seal Abcive K r; l~ is ~, g OPTIONAL ~r Though the information belqw is,not n3cjuired:by law. it may prove valuable to persons relyin.g on the document " " t, ( and could prevent fraudulent removal and reattachment of this form'to another document. I', f! I, " ~> c' Description of'Attached ~ment ,J. !, (~E. GA-.e..b \ NGc- ~l- Ii r;' I~ <.: Title or Type'of Document: 1\/ ~KiA-N~ f' f'-o'?..c"'- '<'"r " \,/f.:; , ~ , \ 2-( ( ~> ~, Document Date: Number of Pages: ~ i: f! Signer(s) Other Than Named Above: N A L-L- '-=-r-I T2--- ~ 1/ ,', " ~ 0 (- I'" f Capacity(ies),Claimed by -tigner " So 1)\+Acl-J \ I)' " Signer's Name: \ f>-ca-f'A I N()~iZ p, c (, 0 Individual . I~ ~J Top oUhumt: here (, (" o Corporate Officer - Title(s): I" i' ( !' 0 Partner - 0 Limited 0 General 'ii I' o Attorney in Fact [> I' P [J Trustee (, I/" !? o Guardian or Conservator (, t; '77 Other' eWlrJl::'fL f' c: " f! t, " t (, F ,..... Signer Is Representing: ~ ;': ,) I, !? Q ,',;~~'6C~~:<..:.<v~'C<".~'CA~"-:;'<,'i..;,{,~'U..,.~~'6C"'-Y,,:<4Vj~'6<;~-zz.'c<..x.;-<....~'(':z:<:::<;..:x;~-C::Z::"0'",~~"-C<-:-<<.'CZ.~~~~-c...j.: If) 1999 Nal,onal NOlary Association' 9350 De SOlO A~f; PO, Bo. 2402' Chatsworth. CA 913'3'~402' www,nallonalnolarY.org Prod No 5907 Aeorder: Call Toll.Free 1.800870.6827 , , . . ~ EXHIBIT A .6 Legal Description The land referred to in this policy is situated in the Counry of San Di~go, City of Poway, State of California. and is described as follows: Tha;: portion of the Southwest Quarter of Section 14, and the Nor~t;:w'est ,Quarter of Section 23, Township 14 South, Range 2 West, San Bernardino Meridian, in the City of Poway. County of San Diego, State of California, according to Official plat thereof, described as follows Beginning at the Northwest corner of said Section .23; thence South Q026'05u East - record South 0030' East - along the West line thereof 48.00 feet to the TRUE POINT OF BEGINNING; thence North- 55040'10" East, 166 08 feet; thence North 55001 "05" East 173.40 feet; thence North 28004'40" East, 101 60 feet to a point in the center line of ~be 40 00 foot Co~~ty :Road, being also a point in the Northerly line of the land described in Deed to Jo~~ Lawson, ,recorded Decembe:::- E I 191~ in Book 701, Page- 117 of Deeds; thence Sou':.h 68053'10" East., =ecord So~th 68020' , along'said center line and said Northerly line 147 82 feet t.o a-point distant thereo~ South 68053'10" East 501 91 feet from the West line of said Section 14; thence South 50'05'30" West US 75 feet; thence. South 0042 '10'" West to a .poi-nt in the SO'Ytherly line of said Lawson Land; thence Wes,terly along said Southerly line to the Westerly line of said Section 23; thence, a-long said Westerly line, North 0026'05" West 205 60 feet to the TRUE POIN" OF BEGINNING . . . EXHIBIT B .. RESOLUTION. NO P- 01-60 A RESOLUtiON OF THE elTY COUNCIL OF THE CITYOFPOWAY, CAliFORNIA APPROVING A MODIFICATION TO MAJOR (CONDITIONAL)'USE PERMIT 80-15M(2), APPROVING DEVELOPMENT REVIEW 01-09 AND RESCINDiNG THE DECISION TO APPROVE RESOLUtiON P-01-19 DATED MAY 1,2001 ASSESSOR!S PARCEL NUMBER 317-152-02 WHEREAS, on July.9, 1980 the County of San Diego Board of Supervisors approved Major (Conditional) Use Permit 80-15 for a religious facility consisting of a sanctuary with a maximum ,of 420 seats, and an auxiliary building with offices and c1assrooms"and on'e 20-sqUare-foot sign as well asan exemption to allow a 20-square-foot sign to be located 30 feet from the centerline of Oak Knoll Road and parking within the front yard setback; and WHEREAS, on February 23, 1982, the City Council of the City of Po way approved a minor modific;ation to the July 9, 1980 approved site plan to accommodate plot plan adjustments to allow the parkiriglot only to be located within the f1oodwayofPoway Creek; and WHEREAS, on May 1, 2001, the City Council of the City of Poway approved a modification to Major (Conditional) Use Permit 80-15 for the construction of a 2,880- square-fciot modular Sunday School classroom: and WH,EREAS, a modification to Major (Conditional)'Use Permit 80-15 (CUP 80-15M2), along with Development Review 01-09, was submitted by T.E. McNicol to allow the remodel and expansion of ane)(isting main building, aka Temple, by 392 square feet to 5,192 square feet, theilJstallation of a4,752-square-foot,two-story multipurpose building, and the. installation of a 455-square-foot garageatthe Sikh Foundation Temple located at 12269 Oak Knoll Road within the RS-1 zone, and WHEREAS"on November 27, 2001, the City Council held ,a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1 The City Council finds that Con(jition1][ Use Permit 80-15M(2)/DR 01-09 is Categorically Exempt from the provisions of the C,alifornia Environmental Quality Act, pursuant to Section 15303(c) of CEQA, Class 3 Exer:nption, as itis invol\,les new structures of less than 10,000 square, feet on a site zoned for the use, and does not involve hazardous materials. Section 2: The findings, in accordance with Section 17 48,070 of the Poway Municipal Code, for the modificationitoMajor (Conditional) Use Permit80-15M to allow the remodel and expansion of an existing 4,800-square-foot main building by 392 square feet to 5,192 , . · 'N Resolution 0 P-01-60 " Page 2 squarefeett9 enlarge the existing restrooms, the installation of a 4,752"square-foot two- story multipurpose bLiilqing, ancJ the installationof,a 45~-square"footgarageto an existing legally establistaed religioLisfacility use located at 12269 Oak Knoll Road in the RS-1 zone, are made as follows, A. A religious facility has;occupied the site since 1982 and the primary and proposed accessory uses;are permitted uses of the RS-,1 zone"site The size and design of the structures are appropriate for the use and location. Therefore, th~ proposed location, size, design'C1nd,operating characteristicsofthe modification in conjunction with the established religious facility use are in acc()rd with the title and purpose of Section 1748 0700fthe Poway Municipal Code, the purpose ofthezone inwhich thelsite is located, the Citls General Plan, and the development policies and standards of the City B The modifications will. upgrade and enhance the existing development on the property and are appropriate as primary and accessory buildings on the site, aswell as being consistent or superior to surrounding development. The facility will meet City of i='oway standards for parking Therefore, the location, size, design and operating characteristics, of the proposed use .will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources. C The modifications to the,existing facility will meetor exceed Zoning Code standards for scale, coverage and density Therefore, the harmony in scale, bulK, coverage and density of the project is consistent with adjacent uses. D There are public facilities, services and utilities available to the site E. The site is located in an area of predominantly commercial uses. The remodel of the main building and construction of the multipurpose building will not negatively affect neighboring properties. Therefore, there, will be no harmful effect upon desirable neighborhood characteristics. F The multipurpose building will allow meetings and classes to occur that are accessory to the existing religious facility;~ wili not increase attendance, and will result in no increase in traffic. Activities will nottake place simultaneClLisly in both structures, Therefore; the capacity and physical character of surrounding streets will not be impacted and the project is consistent with the Circulation Element of the General Plan. G The proposed modifications are smallinareCl compared with the overall property The site is suitable for the proposed additions and uses. , . . Resolution No P- 01-60 ~' Page 3 H The use involves _no hazardous materials or processes nor does it affect natural resources, as it will .not affect the adjacent creek. Therefore, there will not be significanf harmful effects upon environmentai',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 use and the conditions under which it would be operated or maintained will not be detrimentalto the public health, safety or welfare"or materially injurious to properties or improvements in the vicinity nor be r contrary to ,the adopted, General Plan; and K. The proposed conditional use will comply witheach,of the applicable provisions of Section 1748 070 of the Poway Municipal Code to the extent feasible since it is a legal nonconforming use with regard to current development standards. Section 3 The findings, in accordance with Section 17.52 of the Poway Municipal Code for Development Review 01-09 to remodel the main building, and install a multipurpose building and two-car garage, at 12269 Oak Knoll Road in the RS-1 zone, are made as follows: A The proposed project will be built on a previously created pad and will not alter the existing'pad area or height. Therefore, the project'i'espects the interdependence of land values and aesthetics to the benefit of the City B The proposed modifications do not conflict With existing development in the area and will not negatively'affect the views of adjacentjproperty owners. The proposal does not otherwise affect the boundaries of 'the, lot or the design of the streets. Therefore, the proposed use does not conflict with the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as but riot limited to signs, landscaping, parking areas and streets. C There are public facilities, services and utilitiesa\iailable. No increase in traffic volumes will occur witt;) this development. The project will otherwise conform 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 D The proposed modifications will not result in significant impacts on the surrounding community since they are located aWay_ from the street and adjacent properties. They are screened from the view of nearby residential properties by intervening vegetation in Poway Creek. The onsitebuildings will utilize similar designs that will result in compatibility of the main and accessory structures. Therefore, the , \, . . Resolution No p- 01-60 1 Page 4 proposed development respects the public concerns for the aesthetics of developments, E. The proposed project will meet the required.General Plan design regulations and will otherwise comply with all of the relevant codes and standards of the City of Poway Therefore, the proposal does not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general. F The proposed project will comply with all of the provisions of the Zoning Ordinance and the General Plan. Section 4 Pursuant to Government Code Section 66020, the public improvements for this Modification to Conditional Use Permit 08-15 and for Development Review 01-09 are made as follows: A. The design and improvements of the proposed development are consistentwith all elements of the PowayGeneral Plan, as well as City ordinances, because all necessary services.and facilities are availableto serve'this project. The payment of sewer fees is needed as a result of the proposed developmeht to protect the public health, safety and welfare as identified below' 1 The project requires. payment of sewer fees, which are assessed on a p"ro-rata basis to finance and proVide public infrastructure improvements, which promote a safe and healthy environment for the residents of the City Section 5 The Decision issued by the City of Poway dated May 1, 2001, approving Major (Conditional) Use Permit 80-15M and DR 00-26 for 12269 Oak Knoll Road is rescinded Section 6 The City Council hereby approves a modification to Conditional Use Permit 80-15M and Development Review Permit 01-09 to remodel and expand an existing 4,800- squarecfoot main building by 392 square feet fora non-fixedcseat building totaling 5,192 square feet, install a 4,752-square-foolmultipurpose building, and a two-car garage. atan existing religious facility located at 12269 Oak Knoll Road in the RS-1 zone, as shown on the plans dated July 20, 200,1, subject to the follOWing conditions: A. Approval of this Conditional Use Permit request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of building permit issuance. . . Resolution No P-Ol-60 -, Page 5 . B Within 30dC!ys;ofthe'date ofthis approya[' (1) the applicant shall submit in writing that all conditions'of approval have been read and understood; and, (2) the property owners shall execute a Covenant on .Real Property C The use conditionally granted by this approval shall not be conducted in such a manner as to ihterferewith the reasonable use and enjoyment of surrounding uses. D The conditions of this CUP shall remain in effect for the life of the subject private school and shall run with the land and be binding:upon future owners, successors, heirs, and transferees of the current property owner E. Conditional Use Permit 80-15M(2) may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to address concerns that may have been raised during the prior year F Any changes in the approved use of the buildings, ,including but not limited to the number of attendees, the hours.of operation, orthe nature of the asserriblyareathat results in an increase in required parking, will require the approval of a modification to this Conditional Use Permit.. Depending upon the scope of such changes, at the discretion of the Director of Development Services, s'aid modification may be processed administratively or may be referred to the City Council for a public hearing. G The conceptual project development plan, as submitted for conditioning, does not indicate grading work to be performed to warrant the need of a grading plan requiring a grading permit to be obtained But, if there is grading work to be done that involves the movement of more than 50 cubic yards of earthwork, or the creation of a fill of more tilan a foot depth, or excavation of more than two feet in depth, then a g'rading plah shall be prepared for City's review and approval Any such grading shall be completed prior to building permit issuance. H Pursuant to Poway Municipal Code Sec. 8.08100, the use of all powered construction equipment on the project site shall be limited to the hours of 7'00 a.m. to 7'00 p.m. Monday through Saturday, and may not occur on holidays. .I The applicantshall obtain a Building Permitforthe,remodel of the main building and construction ofthe multipurpose building prior to construction. Prior to issuance of a Building Permit the applicant shall comply with the following: 1 The building plans shall be in accordance with the approved plans on file in the DevelopmentServices Department'forCUP 80-15M(2)/DR 01-09, along with the conditions contained herein. . . . Resolution No P- 01-60 .. Page 6 2 The limits oUhe fioodwayshall.be depicted on the building plans. No portion of the structure shall encroach into the f100dway 3. The building plans shall show a detail of the proposed trash enclosure at a minimum of 7 feet deep x 10 feetwioe, Said enclosure shall be designed per EDCO Corporation standards, haVe oecorative masonry block walls and solid metal gates painted to match. The materials and colors shall be complimentary to the colors and materials of the main and multipurpose buildings. 4 The building plans shall depict all materials and colors, including specific manufacturer codes. 5 All new equipmel'1tappurtenances, including air conditioners, shall be shown ontheplans.and shall be architecturally il'1tegrated, screened from view and sound buffered from adjacent properties and streets as required by the Director of Development Services. 6 Details of , any new exterior lighting shall be included on the building plans, including fixture type and design. All new exterior Iightil'1g fixtures shall be low-pressure sodium and designed such that they reflect light downward, and away from streets and adjoining properties'pursuant to Poway Municipal Code Section 17 08.220.L. 7 A landscape and irrigation plan, with specific plant sizes and species and irrigation design, shall be submitted to the planning Division. Landscaping, including shrubs and ground cover along with irrigation, shall be provided adjacenUothe,lT)ultipurpose building and trash enclosure to the satisfaction of the Director of Development Services. Also, the plan shall provide for refurbishing of prominent landscape planters. 8 This Resolution does not include the approval of any freestanding sign design. A separate permit is required A Sign Permit application and plans shall be,submitted tothe Planning Division to bring the existing freestanding sign into conformance with current sign standards. A Sign Permit shall be issued prior to issuance of a Building Permit. A Building Permit and completion of the sign shall be accomplished prior to occupancy of the multipurpose building 9 The following development fees shall be paid to the Engineering Division The following:fee amount is currently in. effect and is subject to change. The applicant shall pay the amount in effect at the time of Building Permit issuance. . . . Resolution No P- 01-60 . Page 7 Sewer: ConnectioD fee of $10;602.06 for 4.5 EDU's (sewer equivalent dwelling units). The above number ofEDU's was calculated from 18 additional fixture units for the project, as provided by the applicant or its representative at time of preparation ofthe:project's conditions of approval. This numberofEDU may change if fixture unit count change~ or thetotarnew building area to be built will change, Applicant shall be responsible of notifying the City of any changes prior to building permit issuance 10 The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, and all other applicable codes and ordinances in effect at the,time of electrical/building permit issuance. 11 Approval of this request shall not waive compliance with all sections of the Zoning Ordinance, and all other applicable City Ordinances in effect at the time of building permit issuance. H The applicant shall. construct the following improvements to the satisfaction ofthe Director of Safety Services: 1 Roof covering shall be fire retardant asper UBC Section 1503 and 1504an,d City of Poway Ordinance No 64 2. 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 facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriffs Dept.-ASTREA criteria. 3 Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with' all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. 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 install an approved fire sprinkler system meeting P.M C requirements. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation (both the new multipurpose buildihg,andthe expanded existing building). . . . Resolution No P-0l-60 " Page 8 5 An automatic fire alarmsystemshall be installed to approved standards by a properly ,licensed contractor System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 6 A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen area. Plans to be'submitted and approved,prior to installation 7 A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A breakaway padlock shall be required for the fire sprinkler system Post Indicator Valve. 8 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 all times until construction is completed. 9 Permanent access, roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 10 Minimum 2A.1 OBCfire extinguisher required for every 3,000 square feet and 75 feet of travel distance. 11 The ,addition of two onsite fire hydrants is required The location of the hydrants shall be determined by the City Fire Marshal. 12. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City 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, applicailt shall provide 36 inches of clearance from the standpipe or attached additional risers, accessible by a 3'-0" man door I Prior to issuance of a Certificate of Occupancy, the applicant shall comply with the following: . . . Resolution No p- 01-60 ~ Page 9 1 The site shall.be developed in;accord~8C~ with the approved plans on file in the Development Services Departmemtfor both DR 01-09 and CUP 80- 15M(2)" alongwith the, conditions contained therein/herein A final inspection . from the appropriate City Departments will be required and approval for occupancy obtained. 2., A freestanding sign in accordance with the Sign Permit issued pursuant to Condition G 8' of this Resolution shall be installed or the current sign removed. 3 The,developer shall, to the satisfaction ofthe City Engineer, repair any and all damages to the public improvements on Oak Knoll Road, as a result of the construction -of this project. J The following performance standards shall apply to:theChurch facility, includingthe use of the multipurpose building upon establishniemt of its use 1 The use of the T~mple and multipurpose building shall be limited to religious activities, along with related accessory uses, 2. The activities ofthe Sikh Temple facility shall not occur in such a manner as to create adverse impacts on the circulation and parking on surrounding public streets 3 The facility shall be operated in such a manner as to minimize any possible disruption caused by noise, and shall comply with the noise standards contained in Chapter 8 08 of the Poway Municipal Code. At no time shall equipment noise from any source, or any loudspeaker sound amplification system, exceeds the noise standards contained in the Poway Municipal Code. 4 The main building and the accessory rriultipurpose building may not be utilized concurrently for any use, or by any user(s), that would exceed available parking. 5 The Church shallensur8 that the membership and all service providers park within the onsite parking areas, and not on.the nearby streets. 6 All lighting fixtures shall be maintained as such that they reflect light downward, away from any road or streeJ, and away from any adjoining premises. 7 The parking areas and driveways shall be well maintained. 8 All landscaping shall be adequately irrigated and well maintained at all times. . . · Resolution No, P-01-60 " Page 10 9 The owner or operatorofthe fClcilityst}all routinely and regularly inspect the site to ensure compliance with tt:1e:standards set forth in this permit. Section 7 The approval. of CUP 80-15M(2)/DR 01-09 shall expire on November 27, 2003, at 5'00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP/DR approval has commenced prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 27th day of November 2001 - o-fl:! . , J , ~-,....-- " ' --\" Michael P Cafagna:!~~r ATTEST L/ "" -~ ,( '.,! ~ ,MU J~/ tJ ::fJ w Lori Anne Peoples, 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-0l-60 , was duly adopted by the City Council at a meeting of said City Council held on the 27th day of November 2001, and that it was so adopted by the following vote AYES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSTAIN NONE ABSENT NONE -\ :J~~-((~ Ldri)Anne Peoples, City C erk City of Poway n:lcitylplannlngl01 reportlcuplcu8015M2 res.doc