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Covenant Regarding Real Property 1999-0375191 -, (;- i '. . ',. " ,,~... RECORDING REQUEST BY: ) ) CITY OF POWA Y ) )' WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY,OF,POWAY ) R3 P O'BOX.789 ) POWA YCA,92074.0789 ) ) \~~~ 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the respective parties, I n the event that Conditional Use Permit 90-14 and Development Review ,98c23 expires or is rescinded by'City!Council at the request of the,OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the eventof litigatioh'toenforce the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 Qo. \\~C'\-. a... 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 , . . 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 .'.' , ~" 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 " i> . . 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. . . 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. . . 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. . . 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. " 10A. 11, 12.* 13. 14 * 15.* 16 17 . . 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. 19 * 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 20 . . 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; .. 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. ,~ ,- . ENGINEERING DIVISION; . . 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. .' . . 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. . . 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. . . 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, ;i' . . 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 . . 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. . . ~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. I i" / . . . . i 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