Covenant Regarding Real Property 1999-0375191
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RECORDING REQUEST BY: )
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CITY OF POWA Y )
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WHEN RECORDED MAIL TO: )
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CITY CLERK )
CITY,OF,POWAY )
R3 P O'BOX.789 )
POWA YCA,92074.0789 )
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\~~~ No'Transfer Tax Due )
DOC' 1999-0375191
JUN 01. 1999 9:29 AM
OFFICIAL RECORDS
SAN'DIEGO COUNTY RECORDER'S'OFFICE
GREGORY J. SMITH, CduNTY RECORDEF~'
FEES: 55.00
(This space for, Recorder's Use)
COVENANT REGARDING REAL PROPERTY
James Faaborg ("OWNER" hereinafter) is the owner of real property described in
Exhibit Awhich is attached hereto and made a part hereofiand which is commonly known
as Assessors ParqetNumber!323c270~22 ("PROPERTY" hereinafter). In consideration of
the approval of C,briditional Use Permit 90-14 and Development Review 98.23 to
constructCl13,000 square'footsteelframe auto repair building with a metal roof'and wood
siding on a one acre sitt;! presently to the south of 14211 Garden Road within the
Automotive General Comrn~rcial(AGC) zone by the City of Po way ("CITY" hereinafter),
OWNER hereby agrees to abide By conditions of the attached resolution (Exhibit B),
Th,is Covenant shall run with the land and be binding upon and .inure to the benefit
of the future owners, .encumbrancers, successors, heirs, personal representatives,
transferees and assigns;of the respective parties,
I n the event that Conditional Use Permit 90-14 and Development Review ,98c23
expires or is rescinded by'City!Council at the request of the,OWNER, CITY shall expunge
this Covenant from the record title of the PROPERTY
In the eventof litigatioh'toenforce the provisio[ls ofthis Covenant, the prevailing
party shall be.entitled to full reimbursement of all costs; 'including reasonable attorneys'
fees, from the other party
Dated:
5-'dtc-QCj
sFaab'org, 0 ' NER (Notarize)
Dated
#t~/91
:~~~Y
Niall Fritz, DireCtor'o D velopment Services
~All~~RNI4 ALLoPURPOt ACKNOWLEDGMENT .
State of
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SM~~~O
MMf ,:;}!r , ,~ before me, ,<;herr,-e ~, ~()"l"Pll fJOtnrlt ~,
Dale ... ~ Name and Tille of Officer (e 9 . otjane Doe, Notary ubhc")
,h..tl\L"'S t=AA.bI>r~
Name{s) ofSlgner(s)
County of
On
personally appeared
o ~v,bOItd.lly h.llUVYIl lu IIlv
OR~~roved to me on the basis of satisfactory evidence to be the person~
whose nameVl')c@are subscribed to the within instrument
and acknowledged tome tha~i8Rs,~Rsy executed the
same in@lhsi-.itl1eir authorized capacity(ies7, and that by
~Rclill,e;r signature~ on the instrument the perso~),
or the entity upon,behalf of which the person(s) acted,
executed the instrument.
... ... ..... ... ..l
.... .... ... ... .... .... .... ...
I.' SHEIlIlIED.WQIlIlB.L ,~,
_ ';!, COMM.fl1052. 171 ..~ " is
S:"O u..e- Pt.I*I ~ Cdll..JM I
!Z ' -SAN DIEGOCOUNlV
J ~ . : .fkt.~~~~ t~ .t
WITNESS my hand and official seal.
JOII)V qc:ll~ 00,.0
Signature 01 Notary Public
OPTIONAL'
Though the information below is not required by law, it may prove valuable to persons rejying on the document and could prevent
fraudulent removal [Jnd reattachment of this form to another document.
Description of Attached Document
l1t1e or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed bySigner(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other' Top ofth-umb here
o Individual
o Corporate Officer
Title(s):
o Partner- 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or:Conservator
D Other' Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
IQ 1994 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park,CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free '-800.876-6827
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EXHIBIT "A"
APN 323"270"22
THESOD.THERL Y 128.60FEETiOFTHE NORTHERLY 415,80 FEETOF THAT PORTION
OF THENO~THEASrQUARTER OF THE SOUTHWEST'QUARTEROFSECTION 18,
TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN,BERNARDrNO BAsE AND MERIDIAN, IN
THE COUNTY OF SANDIEGQ, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY APPROVED ON FEBRUARY 24, 1876, LYING
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EASTERLY OFA LINE DESCRII3ED AS FOLLOWS
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID NORTHEAST
QUARTER OF THE SOUTHWESr'QUARTER, DISTANT THEREON 338,85 FEET
WESTERL Y FROM THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER'OF
THE SOUTHWEST QUARtER~ THENCE SOUTHERLY IN1\: STRAIGHT LINE TO A
POINT IN THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER,. DISTANT THEREON 338.75 FEET WESTERLY FROM THE
SOUTHEASrCORNER OF SAID:NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER.
ALSO AN EASEMENT AND RIGHT OF WAY FOR UTILITIES AND FORINGRESS AND
EGRESS, (TO BE USED IN COMMON WITH OTHERS) OVER THAT PORTION OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 18
INCLUDED WITHIN A STRIP'Ofi LAND 40.00 FEET IN WIDTH LYING WESTERLY OF
AND ADJOINING THE WESTERLY LINE AND THE NORTHERLY PROLONGATION
THEREOF OF THE ABOVE DESCRIBED PROPERTY ALSO AN EASEMENT AND
RIGHT OF WAY FOR PIPELrNEPURPOSE OVER THAT PORTION OF SAID
NORTHEAST QUARTER OF THE'SOUTHWEST QUARTER INCLUDED WITHIN A
STRIP OF LAND 2.00 FEET'IN WIDTH LYING EASTERLY OF AND ADJOINING THE
NORTHERLY PROLONGATiON OF THE WESTERLY LINE'OF THE PROPERTY FIRST
ABOVE DESCRIBED
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EXH.lBLT B
RESOLUTioN NO. P-99-37
Pi. RESOLUTION OFTHE CITY'COUNCIL
:OFTHE,CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERIy1I;r 90-14M(2)
,t>;ND DEVELOPMENT REy1EW98"23
ASSESSOR'S PARCEL NUMBER 323~270-22
WHEREAS, Conditional Use Permit 90-14M(2) and DeveloPment Review 98-23,
submittedbyDbnPatch, Applicant for Poway Valley Collision/Jim Faaborg, Owner, to
modify Conditional Use PE?rrriit; 90-14M& Development Review 98-23 to construct a
13;000 square fOQt steel'fta.ri:le,a!Jto repair building with a metal roof.,and wood,siding on
a one acre site presentlYtq ttl~ south of 14211 Garden Road within the Automotive
General Commercial (,t>;GC) zone;iand
WHEREAS, on May'11:, 1999, the City Council tie.ld adlJlyadvertised public.hearing
to solicit commentsJrom the public, both pro and con,. reli3tivetb thi!> application; and
WHEREAS, pursuant to Goyernment Code 'Section 66020(d)(1). NOTICE IS
FURTHER GIVENthatthe90~day period to protest the imposition of any fee, deqiQation,
reservation, .or, ottier'exaction described 'in this resolution begins on the, effeCtive date of
this resolutionand.any'suctl protestmust be in a mannerthatcomplies with Section 66020.
NOW, THEREFORE.Ahe City Council does hereby resolve as follows:
Section 1, Environmental Finain-gs:
The City CouncilJinds tllat tHis.project will n6tjiia\l~ a~lgnificant adverse impacf,on'
the erivironmentandherebyissues a Negative DeclarationWittlrriitigation measures
as contained in the. conditions of appro val.
Section 2: Findinas:.
Conditional:Use Permit90"14M(2)
1 Theprojecjis cQnsist~l1t with tile Geri~ral, Plan which designates this site for
automotive:generaFcoiiimE!rciallJse; i!nd_Wtiic~ rnayperi11lt automotive repair
ser;viceswith the benefit of a coOditlo.l1al use peri11it
2, Thatthelocation, size,de~igl1,and'opetati.l1g ch~ari3,cteristics ofttie useVfill
be'compatible with and will nofadverselyaffect or be materially detrimental
toadj?cerif uses; buildings, structures, or n,atural resources, in thatthe
expansion of operating capacity which the new building ,will supply also
provides'for.the mostup~to-date;technolqgyfor sound attenuation,protection
of surrounding air qualify and capturing waste products.
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Resolution No. P- 99- 3 7
Page 2
The,inslallation of the eight to ten foot 'perimeter walls will conceal the
proposed outdoor storage.
3. That the harmony in scale, bulk, coverage;,and density is consistentwith
adjacent uses, in.'thattotallot coverage of buildings is below the maximum
35 percent.
4 That thereiare available public facilities, services, ,and utilities to serve the
,approved us,e as all faCilities and services' can be provided through
conditions of,approval.
5 That there will not be a harmful effect upQn des,irable neighborhood
characteristics, in that the building bays, do .not face residences .arldthe
hours of operation do not coincide generally with leisure hours of' nearby
residents. The faCility is bordered by Iike'usesto the north.
6 Thatthe generation oftrafficwill not adversely impact the surrounding streets
and/or the:Cit}i's'T:ransportation Element,;in that a condition'ofapproyal will
requirefhe ,payment of Traffic Mitigation Fees as well as provision of
additional off",street parking.
7. That the si!e is sUitcil?le'for the type and intensity ofthe,use, in thaUt is an
area designated'for'aqtomotive general commercial usewhich permits the
operation of auto repair services when regulated by conditional use permit.
8. That there wilLnofbesignificant harmful effects. upon environmental quality
and natural resources, in that the, handU~g, storage aml disposal of
hazardous materials will be regulated by County Health stand(3rdsalld the
new building. will be designed to :reduce exterior noise emissions to
acceptable standards,
9 That there are no other relevant negative impactsofthedevEiloprnent that
cannot be mitigated.
. Develooment Review 98-23
1 The development will not have an adverse aesthetic, health, safety, or
architecturally related impactupon adjoining.properties;,becausethe building
has been designed in accordance with the General Plan,zoning
developmentslandards, and Poway J;{oacfSpecific P/antaking;into account
the architectureforlhe existing,building closestto Garden Road.
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Resolution No. P- 99 - 37
Page 3
2. 'The,. development encourages the Clrderly al)d ha'rmohious appearance of
structures and property,within the CitY thr'ougn ~$consistencywith the City
of,Powaydevelopmeritstandards and Poway Road Specific Plan.
Section 3; City Council. Decision:
The City Coui),cil, hereby approves Conditional Use Permit 90"14M(2) and
Development Re,view fjBc.23 subject to the following conditions:
[Condifions,maM:ld'withaD asterisk(*) are also mitigation measures.]
COMPLlANCEWITH TH,E FOLlOWING ,CONDITIONS:IS' REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF, DEVELOPMENT SERVICES -
PLANNING DIVISION.
Within 30 days of/approval (1) the,applicantshall sUbmit in writing that all
conditions of,approvai'havebeen read and undelpt60d:,cjnd(2)'tht3 property
oWner shall execute a Covenant on Real Property .
1 The use conditiOhally granted by this permit shall not be conducted in such
a m8Dn't3ras tb interfere with the reasonable use and enjoyment of the
surrouh(jihg're'sidential ahdcommercial uses.
2. This condition,~ruse permit shall be subject to annual review by the Director
of Developmt3nt Services for compliance.Witt1thelconditionsof approval and
to address concerns th.at: may have octurr~d during the past year. If the
permit is not in compliance with the' c9ij,ajtigns of apprOval, or the
Development$ervices E>epartment has receive,d complaihts, tne required
ahnual review, shall be set for a public. hearihg befor'ettle City Council to
consider modification orrevocation aNhe, use perinit.
SITE DEVELOPMENT
1 Site shall. be, developed hi, ac<::ordanceWith :the,approved 'site plans on file in the
Development Services Department anc;1 the cbnditions contained herein.
2, Revised site plans and building el.evatlbns lQ9Qrporating all ccmditions'of approval
and the architectural style of the Pbway RbCld Spefific Plan (alo[1g With the
architectureofthe,existing building c10sesttb Garde" RqacjYshall be submitted to
tt1e Development Services Department I?ribr' to issu'cinceof building permits.
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Resolution No, P-99 - 3 7
PageA
3. ApprovaLof this:'requestshall not waive compliance with.'all sections of the Zoning
Ordlhahce and all other applicable City Ordihances in effect atthe time of..bullding
permit issuance.
4. Ali roof..appurtenances, including air conditioners.,shalJ bearchitectLirClJlyihtegraJed,
screened'trom vieW 'and sound buffered from adjacent properties alldstteets, as
requirea by the Development Services Department.
5. The applicant<sh8I1.Qoi11~Mwiththe:latestadopteq Ufiiforrn, Building Code, Uniform
Mechanical,Code; tJniforlll Plumbing Cod~; National Electric Code, Uniform Fire
Code, and all otherapplicable'codes andor(jinanceslin effect atthe,time,of building
permitissuance. Installla vacuum/air filtering systemJorthe auto body shop areas.
6 Trash receptacle shall.belenclosed within a six foothigh;masonry wail:with view-
obstructing gatespursuantto,CitY standards. Location ,shall be subjecUoapproval
by the,DevelopmentServices Department
7 Prior,to:.any use 6fthe project site or business activity being commenced ther$of,
all c0l'1diti6hsofClPpr6itaJ c6.nt?i[led herein shall be:completed to the satisfaction of
the Director 6fDe.veloPlIient Services.
8.* All auto-related waste mC!terials shall be disp6~ed aNn a,lawful'manneL All toxic
and/or volatile! substances shall be handled a,nd stored as requii"edby law
Implement bestmanagemeritpracticesfortowed,vehicles awaiting repair, e,g)arge
drip pans for vehicles with leaking fluids. Submit:a permanent hazardous waste
recovery plan satisfactory 'to the . Directors of Development and Safety' Services
within 30 days:ofeity'Council. action on this conditional use permit.
9* All preparation, repair and finishwork shall be conducted within the building working
bays.
to A 10 foot high masonry wall 'shall be installed .along the south property line with a
10'foot pffsetfrom.:Golden Way along the frontage otthe house on.the adjoining
property and ,continuing f()r20feet pastthe house.to. preserve the Califomia pepper
trees and provide,a buffer area. The offset portion of the 8 Joot high wall shall be
constructed otsplit-face block orslumpstone;"An'8 foot high masoniywall shall be
ins!alle,d alan!;!, the Golden Way frontage. An 8 foot:hlgh masonry wall shall be built
'along:the:east'propertyline al1d an 8 foothigh woodJencewith pilasters along the
office building':par~ing lot to,the northeast.
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Resolution No. P- 99 - 3 7
Page 5
An easement sh,alLb'e prepared and offeredtb the property owner!:; to thE;! south for
the 1 d footoffse!ar~a'tha( will belandscaped.IHhe propertx owners chQose hot
to accept an :ease[rient Jor use of the area, :~he 8, foot wall shall be built' on the
property line pentle,originalalignment.
The:hours'of operaJion ~hall be between 7:00 1:iJTLand6:00 p.m;.Monday'through
Friday,:and 8:00'a.m;;aiid'2:00 p.m. on Saturaays.
Acoustic ceilings, wallpahels and door seals, s~_a!l,beimplemented per the
acousticalanalysisl:reporj: Submit an acoustician;s;report ,with,the building plans to
verifY compliance. with the noise levels of the poway Municipal Code and 'to
minimize possible:nuisancenoises.
Relinquish access 'rights to Golden Way (a private road) except for emergency
purposes jxior to occupancy ofthe building. Maintain reciprocal.access to,:Garden
Road for this parcel.
Plumb the two'ca'l'.wash areas to a sewagecolfection system;
Utilize lowvolurile, high, pressure sprayers forcanvashfhg. Only vehicles.being
repaired on the'site may use the car wash. '
Ali body preparation, and repair work will be required Jo be: entirely indoors, e;g.
washing, sanding and prepping of cars for painting,. No painting of vehicles is
a!lowed in the new bujlding, Bay doors are allowed to remain open during .work
hours. Car or truck tun.e-ups are prohibited for the new auto repair facility No
mechanitarrepairs,arep.ermitted except as incidental'tothe'bocty repair
All exterior lighting shall bediretteddowhwardand:shielded to avoid light spillage
onto neighboring properties,
18.
Collision:orautomotive rElpair employees shall not park on Golden Way.
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IniHal,soil:samples shall be taken along the south I?roperty line dli,ril]g excavationito
establish a, b~se line of data. SubseqUent soil samples shall be taken along the
south property ,line,as deemed nElc~ssary bythe:annual review with the laboratory
results forwarded to the, County' H,ealtt\ Departmentfor action if any hazardous
waste products)n sufficient quantityiatEi'folJ,hd.
This apPJovai shall become null and void ifbuilding permits are not issued for this
projeCt and the project is not substantially compl~ted,by December 10, 1999
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Resolution No. P- 99c37
Page 6
. PARKING AND,VEHIClJLARACCESS
1 All customer parking!lot landscaping shall include a minimum of one 15'gallon size
tree for every three spaces. For parking lotlislands;,a ,niinimum 12 inch wide walk
adjacentto,'parking stalls\shall be provided and~:be(separated from vehicular areas
by 'a six'inchhigh, six inchwidePortland concrete cement curb.
2. Parking lot lights shall below pressure sodium and have a maximum height of 18
feetfrom the finished grade of the parking surface,and be' directed away 'from all
property lines,adjacerlt:streets and buildings omadjaceht lots.
3. All customer parkirlgspaces',~hall be doul;>le st[ipe'c:L The parking 19t design',shall
complY with the Ai'Tie.tican's,y.iitti Disabilities Act, Le,. ;1;:25 ratio for accessible spaces
withatleast one \ianacces~ible space.
4 Stacked parkingis'allowedJorvehicles tobe repaired with single-striping allowable
for this area.
LANDSCAPING
1
A detailed landscape and irrfgation plan. shall oe:submitted'to and approved by the
DeVelqpmentSerJices Department prior to the issuance,of building permits. Plans
shell! be prepared in accordance with the City of PowayGuide to Lahdscaoe
Requirements (Iatesteqition).
2,
Alllandscaped,areas shcill be maintained ih a'healthyand thriving condition; free
from weeds, trash ellld debris;
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3,
Street trees, a minimum,of 15igallon size or larger, shall be installed'in accordance
with the City of poway Guid,e to Landscape Requirernentselndshall beiplanted at
an, average of30feeton center spacing along all streets.
4,
Lapdsc.ilpeqarel'is'\i{ithitl the adjacent publicright~of~wayshall be permanently and
fully ma,intairied bYtheoWner
SIGNS
Any signs P!opos~dJqr !hisdevelopmentshallbe,designed and approved in conformance
with the Sign 'Ordinance.
COMPLIANCE WITH THE fOLLOWING CONDITIONS;IS REQUIRED. COMPLIANCE
SH,ALL BE, .APPROVED BY THEDEPARTMEN1" OF DEVELOPMENT SERVICES.
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ENGINEERING DIVISION;
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Resolution No. P- 99- 3 7
Page 7
SITE DEVELOPMENT
1 Permii and plan check fees. shall be paid upon submittal of map, improvement
and/or grading plan,,,as applicable. Development fees, !including butnotlimited to,
domestic,and irrigation.'waterservice fees! remaining sewer connection, sewer
c1eanout, and sewer inspection fees shall be paid prior to building<permit issuance.
GRADING
1. Grading of the subject property'shall be in accordance with'the Uniform Building
Code, City Grading O~airiance, approved grading. plan and geotechriical report,
and accepted grading practices.
2, A grading plan for the'development of the property! prepared on a standard sheet
of mylar and drawn at a scale of 1" = 20', shall be submitted to the City's
Engineering Division:for review and approval prior,lo-issuanceof a grading permit
and start..ofgrading operation. Rough gradli')g ofthesite must be completed and
shall meet theCity:s Engineering inspector's approval prior to issuance of a building
permit
3. Existing telephone, ;gas, el~ctric, water, sewer, and bther pLiblic utility lines and
appurtenancessl1allbe stlOwn on the grading plans.
4 A soils report stl,all bepIepared by a qualified engineer licensed by the State of
California to perform such work, Copiesonhe'r~port,shall be'submitted with the
grading plan.
5 All new slopes shall be a maximum of 2:1 (horizontaltoivertical). There shall be 5
feet clearance between'toe of'slopeand'face of curb.
6. A final cO,mpaction report shall be submitted and approved prior to issuance of
building permits.
7 A ~ertific~tiQ.n ;oflin,~and grade, prepared by the project civil engineer, shall be
submitted pri6f.t6 iS~lJance of building permits,
8. Erosioncoritrol, including but noUimited to desiltation basins, shall be installed and
maintained'from pcL 15th to April 15th. An erosion control plan shall be prepared
by the project civil'engjheer and shall be.submitled,as part o(thegrpding plan. The
developer'shall make provisions to insure;the proper mainten'ance of all erosion
control devices'throughout their' intended life.
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Resolution No. P- 99- 3 7
Page 8
STREETS AND'SIDEWAlKS
1 All parking struclural.sectlons shall be submittedtoiClndiapproved by the Director
of Development Services. Pavement sections, shall 'conform to the minimum
required,by the PoWay municipal Code'Section 12:'20:080.
2. All damagedoff"si.!e~ public works facilities, ihCluding parkway trees, shall be
repClired and, repli:lc::ed prior to exoneration of bonds and improvement, to the
satisfaction ofthe.Director of Development Services.
3. Prior to any work, performed in the publicright-of-way,or (my-held easEJnlerits,
a right"of-way'permit shall'be obtained from the DevelopmentServices Qepartment
and appropriate fees paid,ih addition to any permit required.
4. Driveways shall have ,a minimum width of 30feej., C1n9shali be designed as an
:alley apron,with ten foot minimum radius unless Qthep.jtise!approved by the Director
of Development Services.
DRAiNAGE AND Fl.!.OOD CONTROL
1 Intersectio.n drains shall be required at locations specified by the Director of
Development Services and in accordance with standard engineering practices.
2. A drainage systemcapable'ofhandling and disposing all surface water originating
within the project; and all surface waters that may. flow onto thep~oject from
adjacent lands, shall be required. Said drainage sKstem shall include any
easements and structures as required'by the City'EngHleer to properly handle the
drainage.
3 Concentrated flows across driveways and/or sidewalk shall not be permitted.
4 On"sitewalleyguttersshall be minimum of3'wide,
5 No parking space shall be allowed within City's easemenUs uniess otherwise
approved by the Director of Development Seri/ices.
6' Applicant shall comply with City of Poway, State and Federal Regulations in
regards bStorm Water Pollution control.
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Resolution No. P- 99 - 3 7
Page 9
7 Agree ln, Writing to participate in a future drainage assessment district{ifone is
fo-rme9); uPCln completion aHhe Master Drainagel?lan Update priorto occupancy
of the building.
8. File an application:.tor:anJndustrial Wastewater Discharge PermiFwith the City of
San Diego'lndustrial Waste Program to determine,whettlera discharge permit will
be required prior to buildJng permitissuance.
9 Install oil/water separator(s) or best availabletec::~nology,atthe southeast, corner of
the parking lotto intercept stormwaterrunoff prjQr tb its conveyance intothe off-site
drainage,ditch,orother dr~nagefacility created'for,that purpose: Submit design to
the Building Division ptio(to building permit issuance:
10 Acquire'a 1 OJoot wiele private drainage easemenrtrom prqperty ownersto the east
alld,sQuth fbr:the200 fbot,+'distance to the PowayCreektributary priorto grading
permit issuance.
,11 Prepare a,maintenance agreement for the off-site'drainagefacilitiesa,ndsubrriit the
agreement to the City Engineer for review. and approval prior to occupancy of the
building.
12, Provide on-site detention,of stormwater runoffeith~rentirely on the project site or
in conjunction with fhe proj:>6sed church sitetci the ~ast. The detention design must
be submitted to the Engineering Division and be approved prior to building permit
issuance.
UTILITIES/OTHERS
1 All proposed utilities wjthin the project'shall be installed underground.
2. Utility easement,s sti~1I be provided to the specification of the serving utility
companies and the Ditectbr of Development'Services,
3 The developer ,shall be responsible for the relocation and undergrounding of
existing P4bllc utiJities as'required.
4 Watef. 'se,wer 9,nd fire protection system shall be designed and constructed'to
meet t~e, ~equireni~l1ts of the City of Poway and the County of San Diego
Departinentof'Health.
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Resolution,No. p- 99 - 3 7
Page 10
5. The appJlcantshaU, pay for a water system analysis, if required, to establish the
proper size an~ locatio,n. of the public .,yater 'system. The amount shall, be
determined by tnecQst of t,l1e analysis and ',shall. be paid prior to sLlbmittal of
improirement'J'?lahs, per-the following table.
Water System AnalysIs fees are as follows, and they may change at any time
without'prior notice:
One Fire Service
Two Fire Service,
More than Two Fire'Services'or looped On-site;System
$1,250 00
$,1,850.00
$2,800 00
6 Existing ,water, sewer; gas, electric, telephone;anq 9merJpublic utility lines and'
appurtenances shaiLtieishown,on,the improvement plahs,
7 Waier main lines, and appUrtehan,ces that will b~ installed at locations other than
within pub)icJstr~~!Sl1clllh,C1ye13n easement, a minimum of 20 feet wide for each
line; dedl~ated to tile City'of poway and shall provide a warranty bond for
installation of the-y",atefniain(s): The warranty bond'isfor a period of 12 months.
8, Lot irrigation .snall be designed to accommodate recycled water if .iibecomes
available. The, property owner shall have the opportunity to connect to recyCled
water ifit becomes'available.
GENERAL RE'QUIREMENrSAND APPROVALS
1 This approval is based on the existing site concliljoQs repr~serited Qnthe proposed
site plan. Ifthe actual,conditions vary from repres,erit13!ions, the,site plan must be
changea hreflect the actUal ,conditions. Any sub~tantialchahgestotDe,site plan
must be approved by the 'Director of Deveiopment Services and may require
~I?proval' of the City Council.
2, Applicantshall:shallwithfn 30 days afterapprbvai ,of th.e projeCt; apply fora letter
of, Availability (LOA):to reserve seweravailability'and make paymenttotheCity, a
nonrefundable reservation fee equal:t020o,;o o,f'the appropriate sewer connection
fee in effect atthetime'the LOA,is;issuea. Bal~mc!'l of the sewer fee, shall be paid
prior to building permihssuance in accordance witli Ordinance No. 83,
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Resolution No. P- 99 - 3 7
Page 11
3. Prior t6 bCii)dihg p~fri1i~:issiJance,appropriate:waterand ,sewer fees shall be paid
to the CiWs DeveloRment Services Department These:fees'are currently in,effect
and are subject to change.
Sewer Connection
=$15,314.00
This fee is based on 6.5 .EI=>Us per 13,000 SF ofbuiiding plan submitted at
the time of conditioning at' $2,356.00 per EDU which is equal to 26 plumbing
fixtures. Prior to building permit issuance applicant-. shall provide the DevelQpment
Services Departmentwitha plumbing fixture .C04ht, Ac!ditiohal sewer, connection fee
shall be paid if fi)(fUre countor building square footage exceeds. These fees are
currehtlyi'n effecVand are,siJbject to change.
Sewer LinEl,Gharge
Sewer Gleahout
Sewer Ins'pection
=$5,600.00 Per Ordinance 428
=$50.00
=$25.00
The adequacy of the meters and its corresponding 'size (not less, than one inch, in size)
,shall be determined by the,applicantldeveloper Depending on the size,of water meters to
be installed, the water fees'shall be based on the following:
MeterSize Cost Lateral Base Capacity SDWA Fee-
1" $270.00 $1,430.00 $4,52].00 $2,536.00
1 ;5" $60():00 Cost $7,042.00 $4,755.00
2" $1,775:00 Cost $11,317.00 $8,242.00
For a, meter' size not listed above, please contact'Engineering.
" Thisl fee is subject' to change without further notice, The amount to be
,paia:shali"bethat in effectattime of payment
4 The folloWing fees shall be paid OTla security,bond posted prior to issuance of a
,building permit: If,asecurity bond'i,s, posted, payrrll:lntotthefees shall be made
prior to issuance of a,Certificateofdccupancy, ,'Once payment is received in full
said security bond could be released to the applicant
Traffic Mitigation
Drainage Fee
= $5,940.00
=$1.,20000
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Resolutionr\Jo. p.9 9 - 3 7
Page 12
5. P~or \0 i;>sliance of acerti@ate bf:occupancy,a Covenantof Property Merge~ shall
be recoiU~(j cohsolj,dating the properties identified 'as APN:s 323.270~19 &22 .into
one legal lot.
COMPLlANCEWITH TIiE~FOLL':OWING CONDITIONS IS:REQUlRED: COMPLIANCE
SHALL BE APPROVED BY THE'DEPARTMENT OF SAFETY SERVICES,
1. Roof-covering shall be fire, retardant as per U.FC. 'Section 3203(e) and City pI.
Poway Ordinance No. '64.
2,
The building shall!ldisplay their numeric address in,a'mahner visibie fromtOE:j access
street Minimum sizeotthe,building numbers shalt be 18 inches on:thefro(1tfacade
of the building: Buildfng address shall also be displayed on th~hroof in a,,rtlcthner
satisfactory to theiDirector of Safety Services" and meeting Sh'eriff Departnil3nt's
ASTREA criteria.
.
3. Every building, ~e[j:laft..er con,strycted ,shall be accessible to Fire Department
apparatus:by'way gfiaccessiroadways with all~weatherdrivingsurface of not less
than20 feetjof uriqpstructed width, with adequate roadwaytuming radius capable
of sUPl?orting the imposed loads of fire. apparl:!tus having a minimum of 13'6" of
verticaLclearancei' The road surface type shall be approved by the City Engineer,
pursuant tothe City of PowayMunicipal Code.
4 The building will be required to: install an'approvedfire::sprinkler system meE:jting
P.M.C requirements. The'entire system'is'toibe rnohitored by acehtra[ monitorirlg
company System:post indicatorvalves with tamper sWitches,alsornonitored, are
to be located by the City Fire Marshal prior to installation.
5. An automatic fire, alarm system shall be installed to approved standards by a
properly licensed contractor System shallbecornpietelY monitored by a U.L..listed
central station alarm company or proprietary rernote station.
6 A padlock shalrbe'requiredfor the firespflhkler system Post-Indicator Valve.
7 Fire Departmentaccess for use of fire fighting equiprnent s~all be p[ovidedto the
immediate job construction site, at the start of'construction and maintained at all
times until construction 'is completed.
8 Permanentaccess rbadW~ys'fqr>fireiapRarat(js'shall be designated as 'Fire Lanes'
with appropriate sighs and curli mar~irigs.
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~esolution No. P- 99- 3 7
Page 13
9 Min!l)1uni4A:60BC fireextinguisher(s) are requiredJor 3,OOO,squarefeetand 75' of
travel distari'ce. '
10 Material Safety Data Sheets shall be required for all hazardous (!hd/or toxic
substances used in'each building.
11 An EmergencyContingencyPlanand HazardouS Mateii~js DisClosLireshall b~ filed
with the County:ofSanBiegoDepartmentofHealih and Copies proviaed to the'Fire
Department..
12. Prior to delivery,ofcomblJstible building material 9n s,ite,Water and sewer systems'
shall satisfactorily pass all required tests and Qeconhectedto the public water'and'
sewer systems. In,additibri, th~firstJiftof asphalt Paving shall be in place to provide
adequate..:permari~nt,acc.e~s for emergency vehicles, The final lift of asphalt shall
notbe installed until all other construction activity has been substantially completed
to the satisfaction ottheCity
13 NFPA Standard 704;,Hazardous Materials Labeling, shall be provided as necessary
throughout the building;
14 Install a Knox padlock on the GoldenWay gate to tt1esatisfaction otthe Director of
Safety Services.
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Resolution No. P- 9 9 - 3 7
Page 14
APPROVED amI ADOPTED by the City Council
California, this 11th day of May, 1999.
ATTEST
,Jj , ('-,
':1 [v \, ( J NvvV-
LorilAnne Peoples, City
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 pe~ury that the foregoing Resolution No. P 99- 3 7 , was duly adopted by the
City Council at a meeting of said City Council held on the 11th day of May, 1999, and that
it was so adopted by the following vote:
AYES' GDLDBY, HIGGINSON, 'CAFAGNA
NOES. EMERY, REXFORD
ABSTAIN: NONE
ABSENT. NONE
r. ('
IJ.-. n '
c-J\ \ Lv\-\.- ,')/ 1\
Lori 'Anne Peoples, City CI
City 'of Poway
N:IPLANNINGIREPORTlGUP9014M.RE4