Loading...
Covenant Regarding Real Property 1999-0404829 " l~ '. ',i -:,.." <~:~ .i;::;:;. ~ .--.::..~~~ . 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 ) ) ) ) ) ) ) ) ) ) ) ) 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 In the evel1t,that:CapitaLAutomotive, LP expires oris rescinded by City Council at the request ofthe"OWNER; GITY,shall expunge this'Covenantfrom the record title of the PROPERTY In ,the event otlitigation:'to enforce the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, !<)>? / CITY OF POWAY By' ~ Niall. Fritz, DireCtor of elopment Services ~ ~:~. ',,'" , .~ '-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 . 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 " I : E'Xl:ilBIT A J . 23:24 . " 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 . 2325 . 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 '. 2326 . 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. . 2327 . 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 . 23,28 . 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. . , 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 . 2329: . 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, . 2330 . 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. . 2331 . 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. . 2332 . 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. .- . ,23;3,3 . 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