Covenant Regarding Real Property 1999-0404829
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RECORDING REQlJEST BY:
CITY OF POWAY
WHEN RECORDED 1'IIJl.IL TO:
CITY CLERK,
CITY OF POWAY
PO'BQX789:
POWAV'CA 92074-0789
No Transfer Tax Due
2321
DOC , 1999-0404829
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JUN 10~ 1999 8:30 AM
OFFICIAL RECORDS
SAN DIE!iO COllllTVIIDlRDER'S OFfICE
GREGllRV J.SMITH, COUHTVRECORDER
FEES: 55.00
(Th is space..for ReCOr~,~( I 1\\1\1 \1\\\ \\~\ 1\11\ 1\11 11\\\\ \\111 \1\11 \\~\ \\\\\ 1\11\ 11\1\ 1\11 \\\I~
J 999,040482&
COVENANT REGARDING REAL PROPERTY
Don Strough ("OWNER'" hereinafter) is the owner of real property described in
Exhibit A which is attached hereto and made a part hereofand which is commonly known
as Assessor's Parcel Number 3H"190-15, 16, 17, 18,.20, 28 and 39 ("PROPERTY"
hereinafter), In consideration of'the approval of CapitaL Automotive, LP by the City cif
Poway ("CITY" hereinafter)"OVliNER hereby agrees to'abide by conditionsofthe attachea
resolution (Exhibit 8).
This Covenahtshall run With the land and be biqding Upon and inure to the benefit
of the future oWrl.ers, encu'rjl,prg[lcers, successors, heWs, personal representatives,
transferees and assigns oHhe:i'espective parties.
In the evel1t,that:CapitaLAutomotive, LP expires oris rescinded by City Council at
the request ofthe"OWNER; GITY,shall expunge this'Covenantfrom the record title of the
PROPERTY
In ,the event otlitigation:'to enforce the provisions ofthis Covenant, the prevailing
party shall bei,entitled to full reimbursement of all costs, :including reasonable attorneys'
fees, from the other party
Dated: _J'"' .'"),--7 ,. ''1'1
Dated. ~5u, !<)>?
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CITY OF POWAY
By' ~
Niall. Fritz, DireCtor of
elopment Services
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'-c~LiFORNIA ALL-IPURPOI ACKNOWLEDGMENT
122
State of
CI'rLlr&~/A
County of
S~ ~*JIlC-lJw
2-7 I"}'7'1
On I'-IAj
" Date
before me, tvf "l-l T1HI VII.4 L-/~ III 0,
Name and Title of Officer (e.g., "Jane Doe, Nota
f'~~ ,-,c-
Pubhc")
personally appeared f)f) AJIh.. 0 V'. rlt-6 L<.G t-I
Name(s)otSigner(s)
,s personally known to me - OR- D proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are, subscribed to the within instrument
and acknowledged to me'that he/she/they executed the
same in his/her/thejrauthorized capacity(ies), and that by
his/her/their signature(s),on the instrument the person(s),
or the entityupon.:behalf of which the person(s) acted,
executed the instrument.
1 - - - - - - ~ ~ - - - (
r €t.,;. MARTHA WALKER ~
o " COMM. #1209323 I'
n. -,,; - NOTARY PUBLIC-CALIFORNIA 01
( ,'. s~~ ~RANCISCO ..I
J ...,. ..., ..., ..... My .:om.:, ~ire~ Fat 2~20~ !.
WITNESS my hand and official seal.
}u (dtl;; ~
t - Signature of Notary Public
,.it
OPTIONAL
Though the information below is not required by I<}w, it may prove valuable toper$ons1elying on the document and CQuld prevent
fraudulent remo~al and reattachment of this form to another document.
Description of Attached Document
Titie or Type of Document: (OJ~",,p.J-r ;2F~"-Jb- -f!.~ feap~~T"<-J
Document Date:
3'/n /7/
Number of Pages:
I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: fu AI ItLIJ 0/, .fTflo u &>,/~
Signer's Name:
)(! Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney'in,Fact
D Trustee
D Guardian or Conservator
D Other'
.
'Top,of thumb here
D Individual
D Corporate Officer
Title(s):
D Partner'~ D Limited D General
D Attorney,in-Fact
D Trustee
D Guardian or Conservator
D Other'
RIGHT THUMBPRINT
. -~ OF. SIGNER ~~,
Top of thumb here
Signer Is Representing:
~/f /tJ~r 0-1
ft../ fr1N,
Signer Is Representing:
@1994 National Notary Association. 8236 Relllmet Ave. P.O. Box 71)W. Canoga Parll, CA 91309-7184
Prod. No. 5907
Reorder; Call Toli~Free 1"800.87.6~68?7
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23-23.
LEGAL DESC~PTION
APN 317-190-15, 16, 17, I8, 20, 28 and 39'
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE WEST .70 ,FEE'r: Q'FTHE EAST 230 FEET OF THE NORTH 250 FEET OF 'l'HE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13"TOWJ'lSHIP
14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE. AND MERIDIAN, IN'THE
CITY OF .pOWAY ,COUNTY OF ,SAN DIEGO, STATE OF ~ALIFORNIA, ACC()RDING
TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 11, 18.79. ALL
BEING MEASURED ALONG THE BOUNDARY LINES THE~EOF"
PARCEL 2:
THE WEST 70.00 FEET OF THE EAST 160.00 FEET. OF THE NORTH. 250.00,
FEET OF THE NORTHEAST, QUARTER OF THE SOIJ'l'H,~,siQUARTER OF'SE~TION
13, TOWNSHIP 14 l?OUTH,' RANGE 2 WEST, sAlt BE~:fIRDINO MERIDI~" IN
THE CITY OF pOWAY; ,COIJNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY; 'APPROVED SEPTEMBER
11, 1879. - ,
PARCEL 3:
THE WEST .70.00 ,FEET.OF THE EAST 90.00 FEET OF THE NORTH 25iJ.,Oil'FEET
OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUAR~ER OF SECTION i3,
TOWNSHIP 14 SOUTIti' ~GE2 WEST, SANBERNARDIN-O BASE ANDHERIDrAN,
IN THE CITY OF pOWAY"COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED SEPTEMBER
11, 1879, ALL BEING MEASURED ALONG THE'BOUNDARY LINES THEREOF.
PARCEL 4:
THAT pORTION o~Tii.E,~6RTHEAST QUARTER OF 'THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO
MEJHDIAN, IN THE CITY OF pOWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE EASTERLY 20.00 FEET OF
SA'IIi SOUTHEAST QUARTER OF SECTION 13; THENCE ALONG THE WESTERLY
LINE OF SAID EASTERLY 20.00 FEET !SOUTHOO' 09' 00" EAST 250..00 FEET
T9 Tin: TRUE' POINT OF BEGINNING,; TifiNCEPARALLEL WITH THE NoihtiERLY
L:QIE OF SAID SOUTHEAST QUARTER, NORTH 8'9'0830" WEST 430,f)O fEET;
THENCE, SOUTH. 00 '09 00" EAST ,. 195 .50'FEET;'TIiENCE SOUTIi 89 '08" 30"
EAST, 430.00 FEET TO THE WESTERLY LINE OF':THE EASTERLY 20,00 FEET
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OF SAID SOUTHEAST QUARTER; THENCE ALONG 'SAID WESTERLY LINE NORTH
00.09"00" WEST, 195.50 FEET TO THE TRUE PaM OF BEGINNING.
PARCEL 5:
THE WEST 70.00 FEET OF THE EAST 300.00 FEET OF THE NORTH. 250.00
FEET OF THE NORTHEAST'QUARTER OF THE SOUTHEAST QUARTER OF SECTION
13, ,TOWNSHIP 1'4 SOUTH., RANGE 2 WEST ,SAN BERNA!IDINO MERIDIAN." IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO i STATE OF CALIFORNIA,
ACCORDING TO THE-OFFICIAL PLAT THEREOF, ALL BEING MEASURED ALONG
THE BOUNDARy LINES THEREOF.
PARCEL 6:
THE WEST 120.00 FEET OF THE EAST 420.00 FEET OF THE NORTH 250'.00
FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER' OF SEcTION
13, TOWNSHIP 14. SOUTH,.~GE 2 WEST, SAN ,B~:iN6 MER]])IAN:i IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, .STATE OF CALIFORNIA..
A~CORDING TO THE OF~!~rf,.L PLAT THEREOF, ALL BEING KEASUREDALONG
THE BOUNDARY LINES THEREOF .
APN 317-190-15,16,17,18; 20, 28 and 39
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EXHIBIT' B
RESO[UIION NO. P- 9 9 ~4.1
A RESGLUIION OFTfflE..8IJY COUNCIL
OFTHECITY 0F,POWAY, CALIFORNIA
APPROVING MINOR. CONDITIONAL USE,PERMIT99-03
AND DEVELOPMENT< REVIEW99~06
ASSESSOR'S PARCEL N_UMBER 317-190~1~,,16; 17, 18,20, 28 and 39
WHEREAS, MinorCopditipnal Use Permit 99.03 cmd Development Review 99-06,
submitted by)First jl;mEfric;C1 Automotive, applicant, requestsapprovalto construct an auto
dealership on a 3.63 *::r~ property located at 13741-13761 Poway Road within the
Automotive GeneralCorrmiercialzone. The projectconsistsofa 22,550 square foot new
car showroom/service building' and 'a 1,572 square'foot detached used car showroom
building. A minor conditional use permit approval is requested for the auto service center;
and
WHEREAS, pursuant to Government Code S~ction 6602P(d)(1), NO~ICE IS
FURTHER GIVEN that the:90cdayperiod to protesttneifr"j:losition<;>fal'1ifee, d.sdicationi
reservation, or other eJ(acfion,described in this resolLition beginS' on the effective date of
thisresoll.Jtion and any such protest must be ina mannEir'!h.ateoinplies with'Sectiori 66020
WHEREAS, 011 fy1ay 1l;l,19~9, the City Council'heldadi.J1y advertised public hearing
tosolicit'commeritsfrom the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does'herebY'resolve as follows:
Section 1: Environmental Findings:
The City Council, hereby issues a Negative Declaration with Mitigation .Measures
indicating no :significant. adverse environmen'tai impacts anticipated due to the
addition of speded requirements to the project.
Section 2: Findings:
Minor Gonditional ,Use Permit 99-03
1 The projectisconsistent with the PowayRoad.Specific Plan and the Poway
General 'Plan in that auto repair and service uses are allowed within the
Automotive General Commercial zone with the approval of 'a minor
.conditional use permit.
2, That the location, size, design, and operatirigcnaracteristics oftheusewill
be..compatibfewith and will not adversely affect or be materially detrimental
to adjacent uses; buildings, structures, or natural resources; in that the auto
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2326
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Resolution No. p- 99- 41
Page 2
service Clperati9n Will be:coridllcted within. g Quildingdesignedto buffer noise
from the tesideriti,al, neighborhood to the south,
'3 ThClt'the sC,ale, oulk,:coverage, and density is consistent with adjacentuses,
in that the ,us.ewiWb,e located on a'site that will be'developed in accordance
with established City zoning and development guidelines for commercial
projects.
4 That there,are available' public facilities, services, and utilities to serve;,the
use.
5. That there will noLbe a harmfuleffectupol1 desirable n~igl1borhood
charaCteristics, in ,that an8~foot high masonry Wail is reqiJired~19hg ttle
southerly prol?er.tY:iine to buffer the use,frof!1,'!he' re~idel1tiaIJleighb.c:Jffiobclto
the.,south and, all repair and service work Wm l:l~'cornpletedWithin a 'building.
6 Thatthe,gel1~fati()n.'.oftraffic will notadve'fselyiirnpact the surrounding streets
and/or,theCity's Circulation Element in'tha'tthe,traffic'volumes generated by
the usecan,bereadily handled by the existing roadways.
7 That the site is suitable Jor the'type and intensity of use' and development
proposed in thatthe'.site is in an area designated'for commercial'use:andJhe
project will requirethatan 8-foothigh masonry wall be constructed along'the
southerly propertymheto ',buffer the~useJrom the:residential neighborhood to
the south and,all repair and service work Will be cornpletedwithin a,buildlng.
8 That there will not be significant harmful eff!'lcts upon the environmental
qualityand,naturai resources in thatthe partially developed subject property
will be completely redeveloped and the use will operate within a building
designed to accomrnodate auto service and repair use.
9 That there;are.no other relevant impacts of the proposed use that cannot be
mitigated.
Development Review 99-03
1.. The approved projectwill not'have!an,adverse'aesthetic, health,.safety, or
architecturally,:related impact upon adjoining proR'erties be,cause thl;! site'and
the, buildingshave;been designed in aC,c9r9arice With the' Zoning Ordinance,
With consideration for scale, size, orientation and architectural style to
;provideawell balanced project.
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Resolution No. P- 99- 41
Page 3
2.
The deveioprrient: IS in compliance with the City, of poway deVelopment
standards.
3.
The development encourages the orperly :C!nd harmonious appearance of
structlJre an-d_ prot?er'ty within the city W6,ugb its consistency with t/1e,Zoning
Ordinanc;/3. toe Poway Road Specific, Plan g'nd the Poway General Plan
which provide,s high standards for develol?ment
Section 3: City'Council !Decision:
lihe City Council hereby,approves~Minor Conditional ,Use Permit 99-03 and Development
Review 99-06 subject to'ths!following conditions:
Within 30 days 'of approval, (a) the applicant shall submit in writing that all
conditions of approval have been read and understood, (b) the property owner
shall execute aeovenant Regarding Real Property.
MCUP 99"03 Conditions,
Conditiol1slNhich constitute mitigation requirements are designated by the use of
."." '" "'.
an asterisk (*).
1 The usE! conditionally granted by this permit shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
residential and ,commercial uses,
2. This 'conditional use permit:shall be subject to' annual review by the Girector of
Development Services for compliance with .the conditions, of approval and to
address concemsthatmay'have occurred dunng'the'pasl:.year If the permit is not
in compliance with the conditions of approval, or the Development Services
Department:has'.r:e,ceivedcomplaints, the required annual review shall be set fora
public hearing before the City Council, to consider'modification of the ,use permit
3.* Outdoor lighting shall be sbielded so that no light spillage shall encroach into
adjoining residential properties or onto Poway Road. After 11 :00 p.m. aILlighting
s/1'all be low pressuresodiu,m with ,overall wattage kept to a minimum in areas
clpsesttothe residential'neighbors. Automatic timers shall be installed to insure
compliance,withthe:dark sky/low'pressuresodium:light requirement The maximum
heighf;of freestandinglight:posts shall not exceed -18Jeet
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Resolution No. P- 9 9 - 41
Page 4
4 * No amplified sound. shall be generated by the business; this includes but is .not
limited to paging, public address systems,.musicJsystem, security system"or any
other such device which,may'generatenoise aui:lible to the surrounding residents.
5.* All repair and mairitenancework shall, be conducted withinwork bays. Mechanical
equipment shall beisound,buffered so as to' produce the least audible noise possible
to surrounping residents, The use'of equipmentsuch asaidools and compressors
shall be limited tobetiNeenthehours of 8:00:a.m. arid 5:00 p.m., Monday to Friday
and 8:QO a.n1'. ,~mdt;Op p,m. on Saturday Theservice',area,shaiLnotbe opened'for
business on Sundays:
6.* No vehicles are permitted'to be road testedwithih;the residential neighborhood to
the south.
T * Deliveries'shallbe;restrictedto the daytime business,hqursof 8:00 a:m. h5:00'p,m.
Monday through saturday
8. Employee,parking shall be prohibited withinthMesidential neighborhood.
.APPLlCANT 'SHALLCONTACT'THE:PLANNING.DIVISION REGARDING COMPEIANCE.
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WITHl;HE FOLLOWING CONDI'T10NS.
Develoomeht,Review 99-06
Conditions which constitUte mitigation requirements are designated by,the use..of
an asterisk (*),
1 site shall bedevelqpediri accordance ,^"it!} tbe appt6lie,d plans on file in the
Development Services Depal1itu3nt and the concjjtjon:s coritainedhe'rein,
2. ThepoWayR,9ad elevation oft.henewcarshoWroorn b~ilding plahs'are approved
as:folloWs:,~)The extetlorfinishof the ehtry rotunpa,and the 12" x 12" acccent wave
band,maYbe,metal: bj The color ofthefbtunda and accent band maybe 'Hohd'a"
blue.
3. The appropriate Building Division approvalsah'd fees shall be received prior to
building permit issuance.
4 All hew,utilities shall, be installed underg(ound.,Cor:Dpletion of undergrounding shall
be prior to issuance of a Certificate ofOcc,uparicy
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Resolution No.'pc 99 - 41
Page 5
5. S,chool impact fee~ 'N.t\ich are presently $.~;3 per squC!re foot of asses_sable area,
shall be paid priortb issuance bf'building,periT1its.
:6. Approval of this requesJ,shall..notwaive cOlllplianpe.i,vitti all sections of the.z9ning
ordinance and allothe.r applicable City ordinances in effect at the time of building
permit issuance. '
7. The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code. Uniform Plumbing Code, National Electric Code; Uniform Fire
Code, and all other applicable codes and ordinances'in effect anhe time of building
permi'tissuance.
8 * A slump block wall, a miriimumof eighUeet in ,finished. height when measured from
the interior of the dealership property, shall :be constructed along the southerly
property line prior to certificate of occupancy
9 Trash receptaclesshafl be enclosed by six400t"high masonry, walis wiJh vteW-
obstructing gates pursu!3riHo City standards. L6catio.n~i~hall be,subjecUo approval
by the DevelopmentSerJice:s Department priorto tiUilCjing permitjssual1ce.
10 All roof appurtenances"ihclu.ding air conditioners, shCJIlI'be architecturally integrated;
screened from view and sound buffered frol11adjacent properties and streets as
required by the DevEilopmentServices Department
11 * Wash bays and allareas invplved with carmainte_nanceshall be,designedto,drain
to sumps containing,:c1arifier and separator systems which will adequately -remove
waste byproducts; The;remaining water will ,be plumbed'to the public'sewer system.
Design details shall berequired upon building plan check submittal.
12, Complete landscape construction .documents shalltle submitted to and approved
by the DevelopmentServices Department' prior to the issuance of building permits.
Plans'shall. be prepared' in ,accordance with. City of Po way Guide to Landscape
Requireroents(latest ediJion). This'is:a st3parateipermit submittal to'the Poway
D'eveloPrn~,lltSeNices8e'partITlEmtanda seI'J.arate"plan check from the building.
13 A concrete curb,shall beconstructedalongthe:insideand:qutsideofthe landscape
planter p(opqs.e<:f along the easterly property line to define and contain the
landscaping s9il.
14 Landscaped areaswithin the, adjacent public right-of"wayshall beperl11anently and
fully maintained by the property'owner,
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Resolution No. P- 9 9 - 41
Page 6
15.* Prior 'togra,ding permit [ssuance, the hazaraousmaterialsclean-up shall be
Q()iT1pl~tec.l ir:1accord?npe with the WoodwarCj':CIYde' report on file in the
Oevelopmeht Service<s D~partmel1tand post c;leah-uptesting has been certified by
the County Hazardous,Mgnagement Department,
16. All landscaped areas shall be maintained in.a heal~hy and thriving condition, free
from weeds, trash.and debris. The trees shall be Elncouragedandallowed to:retain
a natural form. Pruning should be restricted tomairitain the health ofthe trees,and
to, protect'the public,safety Unnatural or excessive pruning, including topping"is
not permitted.
17 All signs proposed for this,project shall be designed and approved in conformance
with the Poway Sign0rdihance.
18. A minimum cif onepa[king stall per 400 square'feet of:gross floor area is required
for the project, Each o.f the required parKing spaces shail haveniihimum
dimensions of-8.5'x 18B.
19 Project driveway entrances shall be enhanced'withenrichedpaving.
20 All parking lotlahdscaping shall incllJdEl a mir'linium ofgne 15"gallon size tree for
every three spa,ces, For parking lot islands,a:minimum12-inch wide,\walk'gdjacel1t
to parking 'stalls ,shall be provided and be separated from vehicular areas by a 6-
inch high,'6-inch wide Portland concrete curb
21 All two-way traffic aisles"shall be a minimum of25..feetwide, A minimum '25-foot
Wide emergency access shcliibe provided and maintained free,and:clear'at all times
during construction in'accordance withSafety$ervicesDepartment requirements.
22. This approval shall become null' and void if building permits are not issuedwithin
two years from the date of this approval.
APPLICANT SHAL:lCONTACT THE ENGINEERING DIVISION REGARDING
COMPLIANCE WITH THE'FOLLOWING CONDITIONS.
,SITE DEVELOPMENT
Permit and plan: check, fees shall be paid upon isubmittal of thegradirig plan.
Development fees','including but not limited to, domestlc'and irrigation water service,
fees, remaining sewer connection, sewer c1eanout, and sewer inspection fees shall
be paid prior to building permit issuance.
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Resolution No. P-9 9 - 41
Page 7
GRADING
1.. Grading of the supject;property shall be in accordance with the Uniform .Building
'Gode..CityGrading eordinarice, approved gradingplancand.geotechnical report, and
accepted grading practices:
Z Agrading plan for'the development ofthe property, prepared on a standard sheet
of mylar and drawnata scale of 1" = 20',. 'shall .be submitted. to the City's
DevelopmentServices,Department for review,and approval prior to'issuance of a
grading permit and start'ofgrading operation. Rough,grading of the,site,must,be
cd,rnpletedand shall m~et the City's DevelopmentServices inspector's approval
prior to issuance of a building permit.
3 Existing telephon~~ gas, ele,ctric, water, sewer, an~ other public utility lines and
appurtenances.shall be shOlNn on the grading plans.
4 Asoils report shall be prepared by a qualified ehginel:l! ficen~ed by the State of
California to perform such work. Copies,oft~~ reporFshall be sul5fnitted\ivith the
grading plan.
5: All new slopes shall be,a maximum of2:1 (horizdntal:to vertical). There shall be a
5-foot clearance betWeen toe of slope and face of curb,
6. A final compaction. ,report shall be submitted and approved prior to issuance of
buiiding permits.
7 A certification of line 'and grade, prepared by the project civil engineer, shall be
submitted prior to issuance of building permits.
8 Erosion control, incfudi~g'but not limited to desiltationbasins,shall be installed and
maintained from Oct. 15th,to April 15th, An erosion control plan shall. be"prepared
by the;project civil engineer and shall be.submittedas part ofthegrading plan. The
developerishallmake provisions to insure;the proper maintenance of all erosion
control devices:throughouttheir intended life.
STREETS AND:SIDEW~LKS
1 All !;lavement structural sections shall be submitted. to,..and approved by the City
Engineer. Pavement sections shall conform to the minimums required, by the,
Poway Municipal ,Code Section 12.20.080. This;ihcfudes the street, as well as the
!;larking lot pavement.
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Resolution No. P-lJ9 - 41
Page 8
2. .AII existirig un-us8qdrivew1:lYs to the property. !shall be removed, and fLiIl curb,
'glitter, ,and sidsl;\/a[k, shall be^restored to the, City of Poway's standards.
3. Weed and vegetatioJtgroWthaJorig the curb <:in Giite ,Drive sh1:i1l be eliminated by
'the use ofspecialvieed;killers, ,or other apprbvecniieth6ds.
4 All damaged off"site public works facilities, in!>llidirigparkway trees, shall be
repaired and replaced prior toexoneratibn of bOr:lds and improvement, to the
satisfaction ofthe;Director of Development'Services.
5 Prior to any work performed in the public rig/1t-of~way or City-held easements, a
right-of-way:permWshall be obtained fromthe:Engineering Services Division and
appropriate fees p'aid, in:addition to any permitJrequired.
6. All proposed drivsWays'hthe'site shall be alh3y,aprontype entries per Regional
Standard DraWing G'1T:wfth handicap ramps on both sides.
7 The proposed Watera,ngse,v,.;er connectiifr;1s fo(the new facility shall be made on
Gate Drive; if possible. to avoid trenching and excavation on Poway Road,
8. A newstreeflightshaWbeprovided by the develqper on.Gate Drive and or} PbiNay
Road per the'City'ofPoway;standards, at locations along the property frontage as
approved by the City Engfneer
DRAINAGE AND FlOOD,C0NTROL
1 Intersection drains shall be :required at locations specified by the Director of
Development Services' and 'in accordance with standard, engineering practices.
2'. Adrainage system capable of handling and disposing~all surface water originating,
within the project, and all surface waters that may, flow onto the project from
adjacent lands, shall .be required. Said drainage system shall include any
easements and structures as required by the:Director of Development Services to
properlyhandlethe'd rainage.
3 Concentrated f1owsiacross driveways:and!orsidewalkshall notbe permitted.
4 0n site valley glitters shall be minimum cif 3' wide.
5 No parking space shall be allowed within City's easements unless otherwise
approved by the DireCtor.of Development Services.
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Resolution No. P- 99 - 41
Page 9
6., Applicant shall ,comply ,with City of Poway, State and Federal Regulations in
regards'toiStorm Water Pollution control.
U:fILlTIES/OTHERS
7. All proposedutilitieswithin.theproject shallbednstalled underground.
8, Utility easements shall be provided to the specification of the serving utility
companies and the Diredorof Development Services.
9 The ,developer shall be responsible for the rI:ilocatibn and undergrounding of
existing.public utilltiestas required.
10 Water, sewer and,fire protection system shall be designed and constructed to meet
thereqUirerilents ofttieCityofPoway and the County'of,San Diego Department of
Health.
1.1 The need for the new fire hydrants will require the preparation of a Wa.ter system
analysis to establish the proper size and location ofthe public water system: The
applicant' shall pay to the City thecostofthepreparation prior to the'submittaJ of the
grading plan. Water'System Analysis fees are as~follows, and theymaychange:at,
anytime without prior notice.
One,Fire Service
Two Fire:Service
More than Two FireServices'or looped Onsite System
$1,25000
$1,850.00
$2,800.00
GENERALREQUIREMEIiITsAND APPROVALS
1 This approval is based on the existing,site conditions'represented on the proposed
site plan. Ifthe actual conditions,varyfrom representations, the site plan must.be
chang,ed to reflect the actuaEconditionsc,.Any substantial changes to the site plan
rT!ust be approved by the Director of Development Services, and may require
approval of the City Council.
2. Pribrto:,building permit issuance, appropriate water and sewer fees shall be paid to
the City's Engineering Division. These fees are currently in effect and are subject
to change:
Sewer Connection Fee =$53,599.00
(Based on a total of 91 fixture
units)
.
2'334
.
Resolution No. P- 99 - 41
Page 10
Se,^,erCle~noiJ~
Sewer'lnspecti6n
Sewer-LIlie Charge
=$50.0Q llateral
=$25.001 lateral
=$ 7,600.00
=$ 8,000.00
,(fqr,'cohnection on Gate Drive)
(f6rcohnection on Poway Road)
Corresponding ls,izes fqr \\,at~r meters ( not less thah, one inch in size) shall be
determined by the applicant/developer Depending;onthe size of water meters'to
be installed;,thefees;shall be the following:
Meter Size Cost Lateral** Base Gapacity SDWA Fee*
1" $270.00 $1,430.00 $6;678.00 $2,536.00
1.5" $600.00 Cost $10;388:00 $4,755.00
2" $1,775.00 Cost $ 16,694.00 $8,242.00
For a proposed meter size not listed above, please contact the Engineering
Division,
*This fee isslJbjec~,t6'c.~angewithout further!,iC?tic~. Applicabl~only to water' meter
for qomestic use, The;arffount to be paid shall be thCit in effect at time of payment.
** No fee if installed,~y deyeloper
3 The,follqwing fees'snallbe paid or a security bo,nd' posted priorto issuance, of a
building permit If a ,security bond is posted; payment of the fees shall be made
prior to issuance;of'a'Gertificate of Occupancy Once payment is received in full
said security bond cOl:Jld be'released to the applicant:
'rraffie;Mitigation
Drainage Fee
=$23,083,50
=$1,200.00
4. The'sev$n,.Iots shall be merged into one lotbeforeioccupancy is.grant~d.
TRAFFIC ENGINEERING
"
1 The appJjcan~' shall provide a traffic ,analysis and, report to address existing and
proposed df:lvelopment<:onditions'Jo the Development Ser:vices Department. The
report will incliJde'p~oject trip generatibn~ distribution" and a traffic signal analysis
-of the interSection of~oway Road and Gate Drive. T;he'report will identify the cost
ofatraffic;,signal,'and percentage,ofproject trips in the,illtersection. The applicant
will:depositwith the Gity,Junds sufficient to cover the project's prbtata share of said
cost prior to certificate of occupancy If aitraffic signal is not cOllstructed within 10
.
, '2,3'3,5
.
Resolution,,No. P-99-41
Page 1,1
years of project approval, the deposifshallbe returned to the property owner upon
request.
2. ThelrafflcanalysIs!and repgrt shall inCliJdea:reView o.fs!teHngress andegress,from
PoWay Road with tecornrnendations for safe aGces,~. The site grading and
improvement plan shajlincQrporate the recomme[1aations.
APPLICANT SHALL C.ONTAC:r THE [)EPARTII/IENT OF SAFETY SERVICES
REGARDING COMPLIANCE'WITH THE FOLLOWING CONDITIONS.
1 Roqf covering shall beJire;retardanfas per UBC:Section3203(e)and City of Poway
Ordinance No. 64
2, The building.shall displC!y.theirnumeric address'in,a manner visible from-the access
street. Minimurnsize'ofthe!building numbers;shall':be'sixincheson the:ftont facade
onhe .building, Building address shall also be displayed on the roof in a manner
satisfactory to the Director of Safety Services, and meetingSheriff:s Department
ASTREA criteria.
3 Every blJilding hereafter constructed shall ~eaccE:lssible!'to Fire Department
apparatus bywa{6fac<;:ess roaqways withejll-Weat!'Jer dtiving:~Qifac_eof not less
tha,r\ 20 feet <;ifiJo,qbstfiJ(:tEl.awiqth, with adecfu,ate,toa.dWay'tUrning radius capable
of supporting tti~e impbs:eg IO(3ds of fire apparatUs hi:1Vil1g a minimum-of 13'6~'of
vertical c1earanc~. The toad surface type,shcill:beapproved by the, City Engineer,
pursuant to the City' of Po way Municipal Code. '
4 The building will be required to install an approved fire sprinkler system meeting
P.M.C requirements; The entire system islo be;monitored bya central monitoring
company. Sy~tem pO~,tinclicator valves with tamper switches, also monitored, are
to be. located by'the City Fire Marshal prior to installation.
5. A 'Knox' Security!<ey' B6xshall be required;tor the building ala location determined
by the City Fire Marshal. A 'Knox' pa,dl6ckshall be required for the fire sprinkler
system Post Indicator Valve.
6 Fire Department access Jor.lise of fire fighWlg :equipment shall be provided to the
immediate job construction site at the 'start of construction and maintained at all
times until construction is completed.
7 Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes'
with appropriate signs and curb markings.
.
2'3'36
- .~
.
Resolution No. P-,99 - 41
Page 12
8 Minimuri12A: 1 OBCfire exthiguisherreqiJired for eveiy3;QOQ squar'efeet and 75 feet
of travel' distance.
9 The addition ofbn"site~rehyqrants is requir~d. The IQcation,cifthehydrants shall
be determined by the City Fire,Marshal.
10 Material 'Safety Data Sheets :shall be required for allhazardousand/or toxic
substances used in each building.
11 An',EmergencyContingency Plan and Hazardous Materials,Disclosure shall be filed
withthe,County of San Diego Departmentof Health:and copies provided to the Fire
Department.
12. Prior to delivery of combustiole building material on site, water and sewer,systems
shallsatisfactorily'pass all required tests and,be.connected,to:thepublit water and
sewer systems. In,adcfjtfOri, the firstlift 6fasphaltpaving shaii be in place to provide
adequate, permatl~I1Laccess fdremergency vehicl~s.. The final lift of asphalt shall
not be installedUhtil all bttierccinstructionactivityhcis been substantially completed
to the satisfactiohqf the City
13 N.F.P.A. Standard 704, Hazardous Materialsilabeling, shall be provided as
necessary throughoufthe building.
14 An automatic fire alarm system shall 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 proprietaryremoteistation.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES
REGARDING COMPLIANCE WITHTHE FOLLOWINGCONBITIONS.
The parcel is located within Landscape Maintenance District 86-3B
I' ..;.
.
2.337
.
Resolution No. P- 99 - 41
Page 13
APPROVED and ADOPTED ,by the City Council of the City of Poway, State of
California',. this.18th day of May; 1999. ~
r
ATTEST:
(--'t~\, C ~ ,',~, V.t.Ni'lJ:,{,),/
tOrl,Anne Peoples, City CierI<
j -
STATE OF CALIFORNIA )
),SS
COUNTY OF SAN DIEGO )
I, Lori. Anne Peoples, City'Glerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. p-99- 4~ was duly adopted' by the
City Council ata meeting of!said City Council held:,on the 18th day of May, 1999, ,and that
it was so adopted by the following vote:
AYES EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES. NONE
ABSTAIN: NON'E
ABSENT
NONE
~) C' ~
\~ ",~ \ ~ ' ;. A'\., \ t.. . p--,,'.) 01 .....)/
Lori V\nne Peoples, City Clerk r
City of Poway
N:\PLANNING\99I'l:E~Ft"""CUP9903.FtES