Covenant Regarding Real Property 1996-0407161
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CITY OF POWAY
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.en 1996-0407161
12-AUG-1996 02=29 PM
OFFICIAL RECOROS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECOROER
RF: 16.00 FEES:
AF: 23.00
MF: 1.00
40.00
;,
RECORDING REQUEST BY:
WHEN. RECORDED MAILTO:
CITY CLERK.
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Richard M, Darr('OWNER" hereinafter) is the owner ofreal property described in Exhibit A which is
atlachedhereto and,madea'part,hereofand,which is commonly known as Assessor's P,arcel Number317-490-
57 ("PROPERTY" hereinafter), In consideration of the approval of Conditional Use Permit 95-
04(M)/Development Review 95-07Nariance 95-04(M) by the City of Poway ('CITY" hereinafter), OWNER
hereby covenants and agrees for the benefiHif the CITY, to abide by conditions of the attached resolution
(Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners,
encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties.
In the event that Conditional Use Permit 95-04(M)/Development Review 95-07Nariance 95-04(M)
expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from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
If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party
shall be.entilled,to;full,reimbursement:of:all costs. including reasonable attorneys' fees, from the other.party ,
The CITY may aSsign to persons:impacledby the performance of'this Covenant the right to enforce. this
Covenant against OWNER.
Dated:
7-.:) ~ -qb
!ilAJ < ()rV\/v
RIChard M. Darr, OWNER(~otariZe)
Dated:
~ - \1-'<1(P
C'74~
By'
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, CALI'FORNIA 'ALL~PURPol ACKNOWLEDGMENT .
Cq Lt' RJR./J I 0-
SQI"I Di~o
On :T" I... .:23" Jqq r;, before me,
(] 0,
personally appeared _R; C~QR.l>
State of
329
County of
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Name and Title of Officer (e.g., "Jane
iG
Name{s)otSigner{s)
o personally known to me - OR - ~roved to me on the basis of satisfactory evidence to be the person~
whose name(gj isi!lf&.subscribed to the within instrument
and acknowledged to me that he/3he/lhe)' executed the
same in his/Rer/tlieir authorized capacit~ and that by
hisjhe~'11i8ir .i;ignature(gj on the instrumenrthe personlz',
or the entity upon behalf of which the person(S'j acted,
executed the instrument.
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!! ~ Nolaly PiiblIc - CaIItcinta .,
d San Diego COOnIy . -
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WITNESS my hand,and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removaU3wd reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(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
0' Other, Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
Titte(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other' Top 01 thumb-here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
C 1994 Nation~1 Nolary Association' 8236 Remmel Ave. P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No_ 5907
Reorder: Call Toll-Free 1-800-876-6827
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lEGAL DESCRIPTION
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PARCEL 1:
THE EASTERLY 150.00 FEET OF THE NORTHERLY 411.00 FEET OF THE SOUTHEAST QUARTER
OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN
T~E COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORQING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED NOVEMBER 19, 1880, AS FURTHER DESCRIBED.
EXHIBIT A
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Resolution No. P-96-42
Page I)
APPROVED and ADOPTED by the CHy Council of tneCity of Poway, State of
California, this 18th ~ay of'June, 1996.
ATTEST:
,---- ~ ~
Don Higginson,Ha '
I_herebY certify, undor"'-I!io:p~,nglty
~I pe~iury,. ~'i~'~e~o\:~;-'~nd
for~ egOlng " ,ar true ond! corrgQ
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COpy 01 Re.ewl~ "'.o/q., ~ ' I
esadopted'by ~,~,Coii.~ 01
P ~ .kfomiB OIl die) J 'f'Ci
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Marjorie K. Wahlsten, City Cl;erk
STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten,City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-96-42 ., was duly adopted by the City Council at amE!eting of said City Council
held on the 18th day of June , 1996, and that it was so adopted
by the following vote:
AYES:
CAFAGNA,_ CALLERY, EMERY, REXFORD
NONE
NOES:
~BSTMN:
NONE
ABSENT:
HIGGINSON
~1Z4d.0J2/7;-~
'Marjorie K. Wahl:sten, City Clerk
City of Poway
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RESOLUTION NO. P-,96-42
A RESOLirrION OF THE CnVCOlJNCIL
QF THE CJJV OF POWAV, CALI FORiHA.
RESCINDING RESOLUTION NO. P..,95-58 AND
APPROVING ;CONPITloNAL USE PERMIT 95..,,04(~),
DEVELOPMENTR~VIE~~5-07 ANDVARIA~QE, ~5~04(M)
ASSESSOR'S PARCEL NUMBER 317-490:.:57
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'WHEREAS, Conaitional Use Permit 95-'04(M)/Development Review 95-07 jVariance
95-,04(M), were sub~it~ed by Richard Darr, applicant for the continuation and
expansi on of a tire sa 1 esand servi ce wi th the additfon of brakes, automot ive
detail, and, related services; reCreational vehicle rental, sales, storage and
minor repairs;, equipmentrel)tal yard' with minor repairs; caretaker; inclli~irig a
vari anc~ to fence height and type of fence on the property Tines ,pavi ng 15 f!,!et
of the 25 foot re.ar yard sgbatl<" allowing open .fencing at the rear property
1 ine, 1.25 acre site at 12957.Poway Road (just east of Winston Tire) wHhin the
CGzone.
WHEREAS, the City, Council has read and considered 'the staff report and has
considered other evidence presented at the public hearing,
NOW, THEREFORE, the City Couricil does hereby resolve as follows:
Section 1:
.Environmental Findinos:
The previ ous.ly issued Negat i ve Decl arat i on with Mit i gati on Measures
(i ndi eating 1)2 s.i'gnifi cant adyerse envi ronmenta 1 ,impacts'antici pated ,d_ue
to the addition of sp,ectal requirementS to 'tn,e 'project) for thi s site
adequately, .addresses the potential environmental impacts of the proposed
development.
Section 2:
Conditional Use Permit Fi ndinos
3.
1. The approved project.'is- consistent with the general plan in that
continuation and expans,ion of a tire. sales and service with the addition
of bra.kes, automotive deta.i.l; and ,related services; recreational vehicle
rental, sales, .storage and mirior repairs; equipmgnt .rental yard with minor
repairs; and a ca.retaker 'are approved uses within the existing CG zone by
condit lonal use permit.
2. That the location, s.ize, .desjlgn, andoper,at jng charact!,!ri,stics of the use
wlll becompatiblew,i,thand will not ad.v,er.selY affec~ C'r bJ! l1)~tefUllY
detrimental to adjacent conmercial uses, residents, buHdings, structures,
or natural resources in that the uses were ~nticipated within the CG zone
and thel ,buildingaddJtion h~s been designed ,to. be compatible with. .the
existi ngbuildi ng ,witharchitecturill ~nh~l)fe~'enlsreQuired.
'11"':
'T~at '~~e s'tale, bulk, coverage', and idensJty is :consistent with the
acld a~ent.lise-s,i II t~at the ~nlarged ,bullCffng meets the deyelopment
~~an~a,rdhfor the commercial zone :andz:c!f1irig 9r(\ihance requiremel'1ts,
,including height ,setbacks . coverage, !Oaterials~nd parking.
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EXHIBIT B
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Resolut i on No. P- 96-42
Page 2
That there are available publ1'c facilities, services,and utilities to
serve the uses.
33:3
4.
5. That there will not be harmful effects upon. des.irable neighborhood
characteristics~ in that th~'physic.l desig~~f the building is suitable
for the site and thepropogd uses and the autoservi ce uses will be
confi ned' to the front porti on of the lot.
6., That the ge,neratlon of tr:affic will not adversely impact th~ SlJrr,olJl1d,ing
~treets and/or the ct:ty',s Transportali on [1 elnent in that Poway Road'
traffic generated will be consistent with that anticipated in the CG zone.
7. That the site Is suitab.le for the type and il1~ensity of use as this
project alms to attract some of the several conunerclal uses listed for
this 1;25,.cre site.
8. That therewi.ll not b~ signJfkant harmful effects .upon the env,ironmental
.qual'ity and natural .resources in that the site has been previously used
for cofnrnercial purposes and may be completely developed as a result of
this conditional use'permit and development review.
9. That there are no other relevant negative Impacts of the use that cannot
be mitigated.
Section 3:
Develooment Review Findinos
1. The approved project, is consi stent with the general plan in that the
various conunercial uses are permitted land useswith.in the !,lxist,il1g
Commerc.l.al Gel1~r:;a'l (CG) .zone, .~ny fufuh! !511ildirigiidditioris' to fhesite
would be required to .dhere to 'the architectural shndards of the Poway
Road SpeC! fie Plan.
2. That the approved project wi 11 not have an adverse aesthetic , health,
safety; o.rarchitec~urally related impact upon adjoining properties in
that the design of the building addition for the Intended purpose will be
compatible with current and future buildings in the vicinity.
3. That the proposed deyelopment encourages. the orderly and harmonious
appearance of structures _ and property within the City in that the
archite,cture incorporates features provided, for iri. the community design
guidelines.
Sect-lonA:
Variance Fi'ndi nos
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2.
Th.t granting the variance or its'modiflcatlon will not be Incompatible
with the generalpla.n in tba! the applicant proposes the use' of open
fencing 90. thesideandre~r prC!perty lines f9r :Se~uritypurpose.~ wHh an
overantielght of 'greater than. eight --feet due to thegradedlfferienUal of
.c6m11j~rcial..,zoJle~ prOpe'r;t:ies to ~tie west and. east. and res:iden'tl'al-zon.ed
prope~tie.s to th~ ;s.()9.t~,. the May 1996 zone' changes redesignated this
property ...fE.~m CG to Mixed Use (MU) fiffecUv!! June, 20, 199!).
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That th~re,are spech 1 circumstancesappll cable to the property , (size,
shape., topography, location C1( ,surroundings) or the intended use of the
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Resol ut i on No. P- 96-42
Page 3
property, and because of this, t~e strict .application of the zO,ning
development ord.inance deprives the property ,of privileges enjoyed by other
properties in the vicinity under identical zon.ing classification in that
the property is elevatedbynine feet or more above the residential lots
to the south making it undesirable to add a six to eight foot .masonry wall
or wood fence on top of the ni ne foot masonry waTl at the .south end and
along the southerly portions of the west and east property lines.
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3 . Thatgranti ng' thevari anc;e or its modi fi cat i on is necessary for the
pre~ervation and enjoyment of a substantial property right possessed by
other property in the same vicinity and zone for which the variance is
sought, in that other properties with a, similar grad~ differential would
qual ify for simi,lar variances. It is noted that the el evat i on of thi s
property was originally increased by .stockpiling of dirt on the site
without a, gradi ng plan. The :present ,condition was authori z~d by a
remedial grading, plan approved by the Engin~et':fl1g Services Department..
'4. That granting the variance or its modification will not be materially
detrimental to the pubric health, safety, or welfare, or injurious to the
property or improvements fn such vicinity and .zone in which the property
is located. '
5. That the granting of this variance would not constitute a special
privilege inconsistent with the limitations upon other properties in the
vicinity.and zone in that the property is located in an area where the
rear portions .ofoth.ercommerc i a 1 buil dings to the west have dri veways or
undeveloped lahdwilhin the 25 foot minimum setback now required by the
Poway Municipal Code to the adjacent residen,tial zonin,g to the south.
6.. That the .granting Of this' var.iance would not allow a use or activity which
is not otherwise expressly authorized by zoning development regulations
governi hg the parcel of property in that the, approved .project is the
construction of fenc.in9 and placement of aadil-ional paving within the CG
zone (MU as of June 20, 1996).
Section 5:
Citv Council Decision:
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The City Council hereby appr,oves CO!ldHi6nai Use. Permit 95-04{M),
Devel apment Revi ew 95-07 and Vari'ance 95-04 (M) to all ow cont i nuat i on and
expansion of a tire sales 'and servic.e with the addition of brakes,
automot i ve detail, and re.l ated servi ces;, recreationa'l vehicle rent a 1,
sales, storage al1dininor repai.rs; ,caretaker; including a.variance. to fence
hefght 'ana type of fel1c;e on tlle",,,propertylines, .paving tile ~li'utherly 1:5:
'footr,ear 'Yard setback. that i~above grade, and all oW.i ilg open fencl!l9 ;if
the rear property line subject to the following conditions and mitigation
measures (indicated with an "*"): '. .
L
Within'~O day~. oJilPprova) (i), theappJ.lcant sha,U. submitii~ 'wri.t.illg
that all condit.ions of 'clppro,va'l hav-e b'een,read and understood; :and
(2} the property owners~a.1Cexe{ute a Covenant on Real 'Property.
Th~-use conditionallygr-ar\t~4 by cfh!s permit. shall not~e ~onducted
in such a manner as toi nterfere .with the reasoriabl e use, .and
enjoyment ilf surrounding resid-ent,ial andcommerchl us'es.
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Resolut 1 on No. P- 96-42
Page 4
Th1s conditioria1 usepenn1.t shall be subject to annual rev1ew by the
D1rector of P1ann1ngServ'1ces for compHance w1th the cond1.t10ns 'of
approval and to address coricer~s that. may have occurred dur1ng the
past year. If the perm1t 1s not 1n cOIllPl1ance w1th the cond1t10ns
of approval, or tlie. Plann1ng Services [)!lpartment has rece1ved
complaints, the'required annua1rev1ew 'shall be set for apub11c
hearing before the City Council, to. consider modification or
revocation of the use permit.
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COMPL:IANCEWlTH THE' FOLLOWING 'CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED~Y, THE DEPARnitNT OF PL:ANNING SERVICES. '. .
SITE DEVELOPMENT
1. Site shall be developed inatcordance with the approved site plans on tile
in the 'Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permi;ts.
3. Approva 1 of thi s request shall not waive compl i,ance with. all sections, of
the Zoning Ordinarice and all other applicable City Ordinances in effect at
the time of building permit issuance.
4. Trash and recycl ing re.ceptacles shall be enclosed by a six foot high
masonry wall with vi ew~obstruct i ng gates pursuant to City standards.
Locat i on and dimens ions, shall be subject to approval by the Pl ann i ng
Services Department.
5. All roof appurt"ena~-ces, i nCl udi rig air tondi f1 oners, shall be
architecturally integrated, screened from view and sound buffered from
adjacent properties ,and streets as required by the Planning Services
Department.
6. Prior to any use pf the .project site or business activi,ty being conunenced
thereof, all conditions of 'approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
.
7. The applicant shall comply with the latest adopted Unifonn Build1ng Code,
Uniform Mechanical Code, Uniform' 'Plumbing Code, National Electric Code,
Uni fOrm Fire Code, and all other appli.cable codes and ordi nances in effect
at thi! time of bu51ding permit issuance.
8. Jor anew conmerc1a1 development, or addition to ari- existing development,
the appl i cant shall pay de vel opment fees at the estab1 i shed rate. . Such
fees may include, but not be 11llJite,d to: Pennit and Plan Checkfl'~ng"fees,
School, Water and SewerServ1ce 'Fees. . -, ">.
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Provfdelandscape. or arthltl!~Wr~1,scrl!en1'1gforthe two meta1.rcill' up
doors fac1ng toward the west. '-" .,
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Jhe,hour"S'Of operation for ,aJ 1 uses ,sh"allbe between ,the hours. of 7: 00
a,m. and 8:.00 p.m. Monday to ~atl{rdayand 8:00 a.m. and 6:00p.-m. on
Sundays. "
.9,
Operation of the tire business Or any of her business generating noise
shall be conducted in such a ,way to minimize the noise from impact
wrenches and other iuilse associated -with those activities. Tire
installation and 'other work to'motor vehicles is to be conducted within
the service bays only.
12. The masonry wall (13 feet tall with four feet above grade) along the south
property 1 ine shall remain with open fencing (wrought iron or black or
gr:een vinyl-clad chain link fencing) placed on top at four to six feet in
height. Fencing along the east and west property lines shall Dot. exceed
ninE!' feet from adjacent 91'9und level and be six foot high I:>lack yjnyl",_cliid__ -~-
eh a i n 1i n k. - Baroed wi re is" all owed on the ins i de top of the fence with
maintenance required per City standards. The wood fence along the east
property 1 i ne shall be replaced with the same type of fenci ng opt ions
approved for the west property line.
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Page 5
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13. RV storage may extend towithi n fifteen (15) feet, Of the rear property
line. The rear five feet of the property sha 11 be ,landscaped w.i th
material s to provide a screen for properties to the south and tree well s
shall be installed within the additional paved area at the 15 foot setback
line.
14. Incorporate architectural, enhancements into the fi nal buil di ng des i gn for
the building expansion and upgrade of the existing building.
15. A caretaker within the building or a small unit is allowed as an option to
provide on-site security.
16. Minor repair of RVsonly is allowed. No major mechanical repair of
engi nes .i s allowed.
PARKING AND'VEHICULAR ACCESS
1. All parking lot landscaping shall include a minimum of one 15 gallon size
tree for e'very three s'paces. For parking lot islands, a minimum 12 inch
wi'de walk adjacent to parking stalls shaTl b~ provided and be separated
from vehicular areas by a six inch high, six inch wide portland concrete
cement curb.
2. Parking lot lights shaH be low pre,ssliresodi'um and have a maximum height
of 18 feet from 'the finishett grade of't~e 'parking ;surface and be directed
away from a 11 property 1 i nes, adjacent streets and residences. Any
securitY lights shall be motion-activated' or shiiHded low pressure sodium,
:di recteddownward and have zero cutoff.
All two-way traffic aisles shilll be a"1l11nimum of 25 feet wide. A minimum
of 24 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements. ., .' ,. ' ",..
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4. All parking spaces shall be double str:iped.
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,l _LANDStAPE IMPROVEMENTS
. 1.,
Complete l'andscape ccinstructlon docUments shall be .submitted toind
rapproved by the Planning Serv:ices Department prior to the issuance of
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Resolution No. P- 96-42
Page 6'
butldlng permits.. Phn~ shall be prepared in accordance with City of
Poway Guide to Landscape Requirements (latest edition).
2. Existing on-site trees s~all be retained ,wherever possible an,d shall be
ma fntained in a hort i cultura lly acceptabl e imanner. Dead, , llecaying, or
potentially d~ngero.us 'trees. shall be approved for removal at the
di scretion of the Rlal1ning Services Department during therev.iew of the.
Master Plan of existing on-s,ite trees. Living trees which are approyed
,for :removal shall -berepl aced on a, tree~for..;tree basiS asrecjui red~by' the
Planning Services Department.
3. Street tr'ees, a minimum of 15 gallon sjze or larger, shall beinsti!lled in
accordance with the City of Poway Gu'fdi! to Landscape Requfr;ements and
shall be planted at an average of 30 feet on center spacing along all
streets.
4. Landscaped areas with,in. the adjacent public right-of-way shall be
permanently and full'yinaintai ned by the owner.
5. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. The trees shaH be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain,the health of the trees and to protect the public
safety. Unnatural or excessive pruning, including topping, is not
permitted.
SIGNS
1. Any signs pro'posed for thts devel'opment shall lledesfgned and approved in
conformance with the Sign Ordinance.
2. A Comprehensive Sign Program for this development shall be submitted to
the Planning Services Oepar.,tment for review prior to issuance of building
permits for more than two bus i nesses. Approval shall be by the City
Counc il .
EXISTING STRUCTURES
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Existing building(s) shall be made to comply with current building and
zoning regulations for the intended use.
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;ADDITIONAL APPROVALS'REOUIRED
The appncant shall provide verification of State Board of Equalization
.notification and that ~pproprtate reviewsandlor approva.1s .haye been
accompl ished 'to the sat i sfacUon of the' Director of Admini strati ve
'iServTces'. - . :' "
COMP-UANUE WITH, rHE FO~~OWI!iGC,ONQITJ()NS 1~ RJQUIRED. COMPLIANCE SHALL BE
AP-PROVED BY THE'"DEPARTMENT OF ENGINEERING SERVICES.
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Resolution No. P-96-42
Page 7
A gradIng plan for ~he develoPrnel1tof the property shall be submitted to
the City's Eng.ineering Service.s Department 1'or reView and approval prior
to 'issuance of a grading permit and s'tart of ,grading operatfon'. ,Rough
grading of the site must be completed and shall meet the City's
Engineering Services inspector's approval prior to issuance of 'abu.ilding
permit. Pave the. areas to be used for parking or storage of vehicles,
install a surface drainage,system to handle all surface water runoff. The
fifteen feet from the. rear property 1 i ne maybe' paved other than ,the
required five foot landscaped setback adjacent to the rear 'property line.
338
__2. __A r.i ght~of~way, _permiL shaliu-beobtai ned- from- the Ci ty' s- EngfneefTng--
Services Department for any work to be done within the publ ic street
right-of-way or any City-held easement. Said work shall include, but is
not 1 jmi ted to ,construcJi on of driveway approach, sewer 1 ateral
install-atian, water service line installation, and street construction.
3. The 1'011 owi ng fees ,sha 11. be paid or a security' bond poste~ Jlri or. to
,issuance of a bui 1 ding perm-it . I l' a security bondi sposted;payment of
the fees shall be made pri or to the issuance of a Certi fi cate of
Occupancy. Once payment is recei ved in full said securi ty bond coul d be
released to the applicant. Traffic Mitigation = $643.00
4.* An interceptor system shall be designed and installed to recover all
li qu i d waste spi 11 ed withi n the servi ce bays and parki ng areas. Waste
mater.ial recovered in this process must be disposed of in accordance with
State law. An Industrial Waste Discharge Permit is required to' be
processed through th.e Engi neeri ng Servi ces Department and Bun di ng
Di vi s ion of the Pl anni ng Servi ces Department.
,5. Dumping of. holdingt,ariks into t__he sewer isystem is allowed. subject to
paYment of fees for additional sewer' capacity' (one or more equivalent
dwell i ng of one or more uni ts of capac i ty or ,a' fracti on of one or more)
based on anticipated usage. Pre-treatment of holding tank contents may be
required to ensure that no hazardous substances are discharged into the
sewer system.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof cov,ering shall be fire_retardant as per UBe, Section 3203(e) and City
of Poway Ordinance No. 64.
2. The building ,shall display their numeric addtess in a manner visible from
the, access,str,eet. ,Minimum size of the building numbers ,shall be sIx
Hiches on the front facade of 'the bunding. ,BuUding address shall a.l,so
be diSp Taye(! on the roof i nO' a manner 0 sat is faCtory to the Di rector of
Safety Services and ,meeting Sheriff's Department - ASTREA criteria.
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, 3.. Ever.y buHding ,hereafter 'constr,uCte,d shan be accessible tQ; Hre
, De'll,artment apparatus by way of a!=cess ,roadway,s.with al1-",eather drfv,ing
surhce of' not l.ess than 203eet of unob_stru<:ted width, with ~adequate
l roadway ty,rn.ing radius .tapable. of 'supporting the imposed loads of fire
. 'apparatus having a minimum of' 1~'6"ilfve'rtlcal, Clearance. The road
sUrface type shall be .approved by the City Engineer, pursuant to the City
of Poway Mun,icipal Code. '
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Resolution No. P-'96-42
Page 8
A "Knox" Security Key box, shall be required for the building at a lo,eation
determined by, the CHy Fire Mar:shal. A "Knox",. padlock shall be required
for the fire sprinkler system PoSt Indicator Valve. .
33'.1
5. Fire Department ac:cess for use of ftr.e fighting equipment shall be
provided to the immediate job construction sHe at the start of
construction and maintained at all times until construction is completed.
6.
Pennanent access roadways for fire apparatus shall be designated as 'Fire
lanes' with appropriate signs and curb markings.
7. Fire extinguisher type and quantity to be detennined by Fire Marshal when
occupancy type is detennined.
8. Material Safety Data Sheets shall be required for all hazardous and/or
toxic i~bstances used in each building.
9. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be
filed with the County of San .Die90 Department of Health and copies
provided to the Fire :Department. An oil spill contingency plan shall be
submitted to and be approved by the Safety Services and Community Services
Departments.
10. Prior to delivery of combustible building material on site, water and
sewer systems sha 11 sat i sfactoril)l pass all requi red tests and be
connected to the public water and sewer systems. In addition, the first
lift of asphalt paving shall be in place.to provide adequate, permanent
access for emergency vehi cles. The fi na 1 1 i ft of asphalt shall not be
installed until a ll.other construct; on act i vity has been substant-ially
completed to the safisfacti on of- the city, " ' '.
1 LN. F. P .A. Standard 704, Hazardous Materi a 1 s labeli ng, shall be provi ded as
necessary throughout the building.
12. Any building or addition to an existing building. exceeding 2,500 square
feet (individual or aggteg'ate) will be requ.ired to install a commercial
fire sprinkler system, with an approved set of plans.
13.
Occupani;y separat i on wall between B-1 and B,..2. occupancies shall be one
hour'rated. Openings in this wall shall be fire-rated at one hour.
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14. Any bu,ilding. erected :further than 150 feet from the publ ic right-oF-way
will requi re' an approved fi.re department turnaround.
AP,PLICANTSHAl::l..'CONTACT THLDEPARTMENT OF-PUBLIC SERVICES REGARDIHGCOI1PLlANCE
WIf,CfHE FOLLOWING CONDITIONS:
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Observe t~e ten . foot setback fr;om the existing eightillchwa'te.r. lin_e
e-i1sellleilt ~long t~e east property line. The easterly dri"ewayshallbe
main"tained and chained off near PowayRoa'd unless Closure of the driveway
by installing curb arid gutter is approved by the Director 'ofPutllic
Services.~_
Sectlon6:
Resolution No. P-95-58 is hereby rescinded.
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