Covenant Regarding Real Property 2009-0060088
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RECORDING REQUEST BY:
DOC # 2009-0060088
1111111111111111111111111111111111111111111111111111111111111111111111
CITY OF POWAY
FEB 06, 2009
402 PM
WHEN RECORDED MAIL TO:
OFFICI.6,L FIE CORD",
'::,,6JJ DIEGr-1 CUUNTY RE[I]FiDER',:; OFFII_E
['"'iICl L, BUTLER, CDUm',' RECDRDEFI
FEES 55.au
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
PAGES: 16
11111111111111111111111111111111111111111111111111111111111111111111111111111111
APN: 317,153-08
COVENANT REGARDING REAL PROPERTY
Gold Star, Inc" a California Corporation, PROPERTY OWNER ("OWNER" hereinafter) is
the owner of real property described in Exhibit A, which is attached hereto and made a part hereof
and which is commonly known as 13012 Pomerado Road ("PROPERTY" hereinafter),
In consideration of the approval of Minor Conditional Use Permit (MCUP) 07,05,
Development Review (DR) 08-06, and Variance (VAR) 08-08, by the City of poway ("CITY"
hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in the
attached Resolution (Exhibit B),
This Cevenant 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,In the evenHhat MCUP 07'05, DR 08,06 and VAR 08"08 expire er are rescinded by City
Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of
the PROPERTY,
In the event of litigation to enforce the provisiens of this Covenant, the prevailing party shall
be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other
party,
Dated:
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,
(Notarize)
By:
Dated:
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By:
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of Califernia
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MONICA T, MACERA
COMM, #1714808 z
Notary Public ,California ~
San Diego County
M Comm, Ex 'res Jan, 6, 2011
who. proved to me en the basis ef satisfactory evidence to
be the person(#l-whose name(7'.is/a~,subscribed to the
within instrument and acknewledged to me that
he/syeJttoey executed the same in hislhjIC/th~autherized
capacity(ief)"and that by hislh,;r/t~r'signature<il en the
instrument the persen(sIr, er the entity upen behalf of
which the persen(S}-acted, executed the instrument.
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the Stateef Califernia that the foregeing paragraph is
true and correct.
WITNESS my hand ~I seal.
Signature
SigJalure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Descriptien ef Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
.
Top 01 thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
D Guardian or Conservator
DOlher:
Signer's Name:
o Individual
o Corporate Otticer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
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@2OO7National NOlary Association' 9350 De Solo Ave" P.O. Box 2402 'Chatsworth, CA 91313-2402' www.NalionaINotary.org hem #5907 Reorder: CaltToIl Free 1 800-876-6827
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.oRDER NO 40702848-41
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EXHIBIT "A"
THAT paRT IaN .oF THE saUTHWEST QUARTER .oF THE saUTHWEST
QUARTER .oF SECTIDN 14, TaWNSHIP 14 saUTH, RANGE 2 WEST, SAN
BERNARDINQ BASE AND MERIDIAN, IN THE CITY .oF paWAY, caUNTY
.oF SAN BERNARDINa,STATE .oF CALIFaRNIA,- ACCDRDING Ta UNITED
STATES GaVERNMENT, SURVEY APPRaVED NaVEMBER 19, 1880,
DESCRIBED, AS FDLLaws:
BEGINNING AT ,THE INTERSECTION .oF THE C,ENTER LINE .oF caUNTY
RaAD SURVEY Na. 987, FILED IN THE .oFFICE .oF THE caUNTY
SURVEyaR .oF SAN DIEGa CaUNTY, WITH THE CENTER LINE .oF
MISSlaN RaAD I-A As SHDWN aN PLATS THEREaF aN 'FILED IN THE
caUNTY SURVEYDR QFSAN DIEGa CDUNTY; TH~NCE NaRTH 860 06'
2.0" WEST ALaNG THE CENTER LINE .oF SAID CDUNTY RaAD Na,' 987
165.00' FEET; THENCE NDRTH 00 17'25" EAST PARALLEL WITH SAID
CENTER LINE .oF MISSIDN RaAD I-A 40.08 FEET Ta THE NaRTHERLY
LINE .oF SAID CDUNTY RDAD ND. 987 AND THE TRUE PDINT .oF
BEGINNING; ,THENCE SOUTH 8.60 06' 20" E.I\ST ALaNG SAID
NaRTHERLY L'(NE ii7,59 FEET TD A TANGENT 20. .00 FaaT RADIUS
CURVE caNCAVE NORTHWESTERLY IN SAID ,NORTHERLY LINE AS
DESCRIBED IN DEED, TD THE CDUNTY .oF SAN, DIEGa REcaRDED
NaVEMBER 16, '1950 IN BDaK 3846, PAGE 139 .oF .oFFICIAL
RECDRDS; THENCE ALaNG THE BaUNDARY .oF BALD LAND AS FaLLaws:
NaRTHEASTERLY AND NaRTHERLY ALDNG SAID CURVE THRDUGH AN
ANGLE .oF 900 36' 15" A DISTANCE .oF 31,63 FEET TD ITS paINT
.oF TANGENCY IN A LINE PARALLEL WITH AND DISTANCE 3.0.00 FEET
WESTERLY, (MEASURED AT RIGHT ANGLES) FRaM SAID CENTER LINE .oF
SAID MISSION RaAD I-A ALaNG SAID PARALLEL LINE NaRTH 00 17'
25" EAST 39.24 FEET TD AN ANGLE PDINT THEREIN AND SDUTH 890
42' 35" EAST 1.0.'00 FEET T.o THE WESTERLY LINE .oF SAID MISSION
RaADl-'A; THENCE ALDNG SAID WESTERLY tiNE .oF MISSlaN RaAD 1-
A NaRTH .00 17' 25" EAST 75,00 FEET; THENCE ,NaRTH 860 06' 20"
WEST 145..00 FEET; TD A LINE WHICH BEARS, NORTH .00 17' 25'
EASTF'I~DM THE TRUE, paINT, .oF BEG:i:l-lNING{THENCE SDUTH 00 17'
25" ,WEST 135.00 FEET TD THE TRUEPDINT .oF BEGINNING.
EXCEPTTHEREFRaM UNDERGRaUND STaRAGE TANKS AND RELATED
PIPING.
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RESOLUTION NO pc08-35
A RESOLUTION OF THE CITY COUNCIL
OFTHE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR CONDITIONAL USE PERMIT 07-05,
DEVELOPMENT REVIEW 08,06 AND VARIANCE 08-08,
ASSESSOR'S PARCEL NUMBER 317-153-08
WHEREAS, a request for Minor Conditional Use Permit (MCUP) 07-05,
Development Review (DR) 08-06 and Variance (VAR) 08-08 were submitted by Ben
Garverson to modify an existing gas station with auto repair bays to a gas station with a
mini-market at 13012 Pomerado Road in the Commercial Business (CB) zone and the
Poway Road Specific Plan area, The request includes a Variance to allow parking
spaces to observe a 10cfoot front yard setback along Poway Road, where 20 feet is
required, and
WHEREAS, the City Council has read and considered the agenda report for the
proposed project and has considered other evidence presented at the public hearing;
and
WHEREAS, on December 9, 2008, the City Council held a public hearing on the
above-referenced item
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
.as follows,
Section 1 The proposed project is Categorically Exempt as a Class 3 and Class 5
Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant
to Sections 15303 and 15305 of the CEQA Guidelines in that the project involves (1) the
conversion of a small commercial structure in an urbanized area that is not
environmentally sensitive, and where all public services and facilities are available, and
(2) the reduction of a front yard setback on a parcel with slopes less than 20% and not
resulting in the creation of any new parcel.
Section 2, The findings, in accordance with Section 1748070 of the poway
Municipal COde,for MCUP 07"05, to allow a gas station with a mi[li-market to be located
at 13012 Pemerado Road as follows
A, The proposed gas station with' a mini-market is consistent with the title and
purpese of Section 1748070 of the Poway Municipal Code, the purpose of the
zone in which the site is located, the City General Plan, and the development
policies and standards of the City in that gas stations with a mini-market are
permitted in the CB zone with a Minor Conditional Use Permit; and
B The location, size, design, and operating characteristics of the gas station with a
mini,market will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses as the facility is surrounded by other commercial
development; and
EXHIBIT B
Resolution No P-08-35
Page 2
C The harmony in scale, bulk, coverage and density of the gas station with a mini-
market will be consistent with adjacent uses because the site will be developed
with facilities and buildings that have been designed to be compatible with
surrounding structures, and
D The proposed gas station with a mini-market use will not affect existing public
facilities, services, and utilities at the site, and
E The proposed gas station with a mini-market use will not have a harmful effect
upon desirable neighborhood characteristics because the building design and
landscaping will be upgraded to be consistent with the architectural standards of
the Poway Road Specific Plan and consistent with surrounding newer
development; and
F The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the
General Plan in that the increase in traffic from the gas station with a mini-market
will not be significant given the existing traffic volumes and flows in the area. The
project will improve traffic safety by eliminating one driveway on Pomerado Road
and shifting the existing driveway on Poway Road further west away from the
Pomerado;Road andPoway Road intersection, and
G The site is suitable for the type and intensity of use in that the gas station with a
mini-market is consist~nt with surrounding uses. The size and scope of the
facility conforms to development standards, except as provided for by a Variance
as discussed below; and
H. The proposed development will not have a significant harmful effect upon
environmental quality and natural resources, and
There are no other relevant negative impacts ofthe development that cannot be.
mitigated; and
J The proposed gas station with a mini-market use will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity, nor be contrary to the adopted General Plan, and
K. The proposed gas station with a mini-market use will comply with each of the
applicable provisions of Title 17 of the Poway Municipal Code, except as
provided for by a Variance as discussed below
Section 3. The findings, in accordance with Section 17 50 050 of the Poway
Municipal Code, to approve Variance 08-08 for a proposed gas station with a mini-
market on a 03 acre property located at 13012 Pomerado Road, in the Community
Resolution No P-08-35
Page 3
3usir'1ess (CB) zone to allow the parking lot to observe a 10-foot front yard setback
along Poway Road where 20 feet is required, are made as follows.
A. There are special circumstances applicable to the property and because of this,
the strict application of the Zoning Ordinance deprives the property of privileges
enjoyed by other properties in the vicinity with the identical zoning classification
in that the use of the property is limited because the existing site development
was approved with 11 parking spaces, of which six spaces no longer can be
counted towards required parking because current parking lot design standards
do not permit tandem iayout The proposed nine-space parking lot configuration
will be similar to parking lot designs of neighboring properties under the same CB
'zone,designation, and
B Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners, in that (1) two
neighboring properties across Poway Road and Pomerado Road are developed
with a gas station, one with and one without a minicmarket, and both facilities are
located on approximately 0 5 acre properties with parking spaces located within
the setback areas along the street; (2) other neighboring commercial properties
have parking located within the required front or street-sideyard setback areas,
and
CGranting the Variance would not be materiaHy detrimental to the public health,
safety, or welfare in the vicinity in that: (1) the overall landscaped area of the site
will increase from 87% to 12.3% and the absence of the wider landscape area
between the parking spaces and Poway Road will not impact the adjacent
properties or the street view because a hedge will provide screening of parked
cars, and (2) the existing parking spaces on the lot maintain a 9-foot landscaped
setback along Poway Road and the new parking lot will provide a 10-foot
setback; and (3) the revised parking lot configuration .and closure of one existing
driveway on Pomerado Road and the relocation of another driveway on Poway
Road will improve overall traffic safety; and (4) the proposed renovation of the
building exterior iiikeeping the design standard of P()way Road SpeCific Plim
along with the new and larger landscape areas will improve the overall
appearance of'the site, and
o That granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in
that two neighboring properties both located in the CB zone are developed with
gas stations, with or without a mini-market, and have parking spaces located
within the setback areas along the street; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
~uthorized by the CB zone because a gas station with a mini-market is permitted
y;ith approval of an MCUP; and
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Resolution No P-08-35
Page 4
F
I .
That the proposed Variance will be compatible with the City's General Plan
because the use is allowed with a Minor Conditional Use Permit and does not
rbsult in a density increase
Sectionl4 The findings, in accordance with Section 1752 of the Poway Municipal
Code, for Development Review 08-06 are made as follows.
A. The project is consistent with the Poway General Plan and has been designed to
qomply with commercial development standards and the Poway Road Specific
~Ian design standards except for the front yard setback for the parking lot, for
which a Variance can be supported; and
B The project will not have an adverse health, safety, or aesthetic impact upon
adjoining properties in that the proposed exterior building modifications are in
tompliance with all City development standards. and the Poway Road Specific
I?lan, and enhanced landscaping will be provided, and
C That the project is in compliance with the Zoning Ordinance in that the project
complies with all City development standards, except for which a Variance can
be supported, and
D That the. development encourages the orderly and harmonious appearance of
structures and ;property within the City as the exterior building modification is
consistent with the California Ranch architectural vernacular for the Poway Road
Specific Plan area and other recently renovated properties in the vicinity
Section 5 The findings in accordance with Government Code Section 66020 for the
public improvements are made as follows
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
mecessary services and facilities will be available to serve this project. The
payment of fees toward public imprOvements. isneede'd' as a result of the
I.. ".'.
proposed development to protect the public health, safety, and welfare as
ioentified below'
1 The project requires payment of sewer and traffic mitigation fees, which
are assessed on a pro-rata basis to finance and provide public
infrastructure improvements to promote a safe and healthy environment
for the residents of the City
2. Upgrades to existing northerly driveway on Pomerado Road and
pedestrian ramp at the corner of Poway Road and Pomerado Road to
complY with or accommodate for American Disability Act (ADA)
accessibility requirement
Resolution No P-08-35
Page 5
3 Removal of tht; southerl~' driveway on Pomerado Road and replacement
of sidewalk, curb, and gutter
4 Removal and replacement of broken sidewalk, curb, and gutter along the
project's frontage of Poway Road and Pomerado Road.
5 Relocation of the existing Poway Road driveway approximately 20 feet
west.
Section 6 The City Council hereby approves Minor Conditional Use Permit 07-05,
Development Review 08-06 and Variance 08-08, a request to modify an existing gas
station with auto repair bays to a gas station with a mini-market at 13012 Pomerado
Road in the Commercial Business (CB) zone and the Poway Road Specific Plan area.
The request includes a Variance to allow parking spaces to maintain a 1 O-foot front yard
setback along poway Road,where 20 feet is required The approval is based on plans
submitted on September 22, 2008, and is subject to the following conditions.
A. Approval of this Minor Conditional Use Permit, Development Review and
Variance shall apply only to the subject project, and shall not waive compliance
":Vith all other Sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance
'B Within 30 days of the date of this approval: (1) the applicant shall submit in
writing that all conditi6nsof approval have been read and understood, and, (2)
the property owners shall execute a Covenant Regarding Real Property
C The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
commercial and residential uses.
o The terms and conditions of Minor Conditional Use Permit 07-05, Development
Review 08-06 and Variance 08-08 shall be binding upon the permittee and all
persons; firms, and corporations having an interest in the property subject to
these permits and the' heirs, executors, administrators, successors and assigns
of each ofthem, including municipal corporations, public agencies and districts.
E. Minor Conditional Use Permit 07-05 shall be subject to annual review, as
determined by the Director of Development Services, for compliance with the
conditions of approval and to address concerns that may have occurred during
the past year
F Any changes increasing the intensity of the use of the operation beyond what is
being approved shall be considered as a major revision to the Minor Conditional
Use Permit and shall require City Council to approve the request.
Resolution No P-08-35
Page 6
G Prior .to .construction of any tenant improvements and site improvements, or the
approval of a Building Permit, the applicant shall comply with the following.
1 The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein The applicant shall comply with the latest adopted Uniform
Building Code, National Electric Code, and all other applicable codes and
ordinances in effect at the time of Electrical/Building Permit issuance
2. The locations of any new utility boxes over three feet in height shall be
noted on the plans
(Engineering)
3 An improvement plan shall be prepared and submitted to the City for
review and approval. The improvement plan shall be prepared by a
California Registered Civil Engineer using a City standard form. All
improvementsshail be in accordance with adopted City standards and
specifications and shall implement low impact development site design
Best Management Practices (BMP's) The plan shall provide the
following:
a. Removal and reconstruction of existing driveways, to comply with
or accommodate for American Disability Act (ADA) accessibility
requirement.
b Removal of the Southerly driveway along the project's Pomerado
Road frontage and replacement with concrete sidewalk, curb and
gutter The width of the sidewalk shall match the width of the
existing adjoining sidewalk New curb and gutter shall match with
existing
c. Removal and replacement of the existing pedestrian ramp at the
northwest curve return of Poway Road and Pomerado Road to
comply with City's adopted ADA standards.
d. Removal and replacement of broken sidewalk, curb, and gutter
along the projeCt's frontage of Poway Road and Pome[ado Road
Broken sidewalk shall be replaced continuously by panel, in full
width and length of improvement, from in between
construction/expansion joints.
e Additional improvements, if any, as may be required by the City's
Traffic Engineer
f New private onsite surface improvements, which includes, but is
not limiled to, paving, parking spaces striping, and hardscaping
and/or landscaping as may be required by the City's Planning
Division.
Resolution No P-08-35
Page 7
4 New AC paving, for parking lot or 'dtive-thru use, shall meet the City's
minimum structural section requirement per Section 12.20080 of the
Poway Municipal Code
5 An initial plan checking fee shall be paid at first submittal of plans to the
City for review, the amount of which shall be determined at that time
based on a preliminary cost estimate, prepared by the project's engineer
of work. In the absence of a preliminary cost estimate at first submittal, a
minimum of $1,00000 initial plan checking lee shall be paid. The
remaining plan checking fee shall be paid, upon demand by the City, prior
to permit issuance
6 Securities for onsite surface improvements and public improvements shall
be posted with the. City prior to City approval 01 improvement plans.
7 Plan checking, inspection, and Right-ol-Way Permit fees shall be totally
paid Plan checking and inspection fees are based on City-approved
estimate "City-approved estimate" means a cost estimate submitted by
the project's civil engineer and has been reviewed and approved by City
staff
8 Theapp'icariLshall post the following fees to the City Fees are subject to
change without further notice The actual amounts to be paid shall be
those in effect at the time of payment:
a.
Sewer connection fee
=
$2,945 00*
*Based on five additional fixtures, equating to 1.25 ED Us.
b
Traffic Impact
=
$3,96000*-
**The traffic mitigation fee is calculated as follows.
Number:of pumpslfueling space = 8
Traffic generation rate for a gasoline dispensing service station =
130 trips/pump
Traffic'generation rate for a gasoline dispensing service station with
foodmart/convenience store = 160 tripslfueling space
Net traffic increase = (160-130) x 8 pumps or fueling space = 240
trips
Fee = 240 x $66/trip x 0.25 = $3,960 00
The applicant may be credited for fees already paid for the existing
building. It is incumbent upon the applicant to provide documentation of
fees already paid.
Resolution No P-08-35
Page 8
9 Prior to start of construction of the improvements depicted on the
improvement plan, the following shall be undertaken:
a Obtain a Right-of-Way Permit from the City
b Provide the City with three sets of prints of the City-approved plans.
c. Request and attend a preconstruction meeting with the City
Engineering Inspector Attendees shall include, but is not limited
to, owner, applicant, developer, and project engineer
(planning)
10 The site plan for the building plans and the improvement plans shall show
and note all required parking. A minimum of nine parking spaces shall be
provided All pa~king spaces within the parking lot shall be double striped
The parking lot design shall comply with the Americans with Disabilities
Act for accessible spaces, with one van accessible space
11 The site plan, the building plans, and the improvement plans shall show
wheel stops for all parking spaces that front any landscape planters or
wall.
12. Submit landscape and irrigation plans to the Planning Division for review
';lnd approval consistent with the City of Poway Guide to Landscape
Requirements to the satisfaction of the Director of Development Services
The landscape and irrigation plan shall identify plant species, sizes,and
automatic irrigation for all areas to be planted. A plan check review fee is
required at the time of initial submittal of the plans. The plans shall
address the following:
a, The proposed trees shall be consistent with the tree species
identified in the City of Poway Guide. to Landscape Requirements
for Poway and Pomerado Road
b A hedge shall be provided along Poway Road to screen the parked
cars,
c. Screening of the trash enclosure and healy tank enclosure
13 All new and existing electrical/communication/CATV utilities, if any, shall
be installed underground prior to installation of concrete curbs, gutters and
sidewalks, and surfacing of the streets The applicant/developer is
responsible for complying with the requirements of this condition, and
shall make the necessary arrangements with each of the serving utilities
14 Exterior building materials and finishes shall reflect the approved
elevations and materials board on file with the City and the conditions of
Resolution No P-08-35
Page 9
approval, and shall be noted on the building plans, to the satisfaction of
the Director of Development Services.
15 The building plans shall include elevations and cross sections that show
all new roof-mounted appurtenances, including, but not limited to, air
conditioning and vents, screened from view and sound buffered from
adjacent properties and streets, to the satisfaction of the Director of
Development Services.
16 All outdoor lighting shall be shielded or directed so that no light spillage
shall encroach into adjoining properties or streets. After 11'00 p.m. all
lighting shall be low-pressure sodium with the overall wattage kept to a
minimum in areas c1qsest to the residential neighbors. Automatic timers
shall be installed to ensure compliance with the dark sky/iow-pressure
sodium requirement. The maximum height of freestanding light posts
shall not exceed 18 feet.
17 The building plans shall include elevations of the healy tank enclosure and
trash enclosure The walls shall consist of decorative block and the gates
shall be solid metal, to the satisfaction of the Director of Development
Services.
18 Any signs proposed for this development shall be designed and approved
in conformance with the Sign Ordinance under a separate Sign Permit.
There shall be no wall signs permitted along the east building elevation.
H Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
1 Roof covering shall be fire retardant as per UBe Section 1503 and 1504
and City of Poway Ordinance No 64
2. The building shall display their numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be 8 inches
on the front facade of the building. Building address shall also be
displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriff Oepartment-ASTREA criteria.
3 A Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A padlock shall be required for the
fire sprinkler system post indicator valve.
4 Minimum 4A:60BC fire extinguisher required for every 3,000 square feet
and 75 feet travel distance A 2A 1 OBC fire extinguisher(s) is required for
office areas every 3,000 square feet and 75 feet of travel distance
.'
Resolution No P-08-35
Page 10
5 Material safety data sheets shall be required for all hazardous and/or toxic
substances used in each building
6 An Emergency Contingency Plan and Hazardous Materials Disclosure
shall be filed with the San Diego County Department of Health and copies
provided to the Fire Department
7 N.F PA Standard 704, Hazardous Materials Labeling, shall be provided
as necessary throughout the building.
8 For any roofing that requires "hot work", a permit shall be obtained from
the Fire Department prior to the start of roofing Provide note on plans
Prior to issuance of a building certificate of occupancy and release of securities,
the following shall be completed .
1 The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City Departments will be
required
(Engineering)
2. Record drawing (As-built) of the grading or improvement plans shall be
reviewed, Citycapproved, and depicted on the original plan mylar sheets.
(Planning)
3 All landscaping shall be installed and the automatic irrigation system shall
be operational pursuant to the Poway Guide to Landscape Requirements
and the. approved landscape plans
J Upon occupancy the applicant shall comply with the following conditions.
1 All facilities and related equipment shall be maintained in good repair
Any damage from any cause shall be repaired as soon as reasonably
possible so as to minimize occurrences of dangerous conditions or visual
blight
2. The owner or operator of the facility shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit.
3 All lighting fixtures shall be maintained such that they reflect light
downward, away from any road or street, and away from any adjoining
residential development.
.'
Resolution No P-08-35
Page 11
4 All landscaping, including areas within the adjacent public right-of-way,
shall be adequately irrigated, and permanently and fully maintained by the
owner at all times in accordance with the requirements of the City of
Poway Guide to Landscape Requirements. The trees shall 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 Trees should be trimmed or pruned as needed to develop strong
and healt~y trunk and branch systems. Tree maintenance and pruning
shall be in accordance with "American National Standard for Tree Care
Operations" latest edition (ANSI A300) Trees shall not be topped and
pruning shall not remove more than 25% of the trees' leaf surface
5 If the west wall or portion of the north wall currently covered with ivy
becomes exposed either due to removal or dieback of the ivy, the wall
shall be painted to match the color of the main field on the east elevation
within 30 days of the exposure.
6 The re-establishment of an automotive repair facility at this site will require
the City Council's approval of a Conditional Use Permit or any other permit
as required by City Ordinance at the time of the request.
Section 7 The approval of MCUP 07-05, DR 08-06 and VAR 08-08 shall expire on
December 9, 2010, at 5:00 p:m., unless, prior to that time, a Building Permit has been
issued and construction has commenced on the property
Section 8 Pursuant to Government Code Section 66020, the 90-day approval period
in which the applicant may protest the impos~ion of any fees, dedications, reservations,
or exactions imposed pursuant to this approval shall begin on December 9, 2008
.'
Resolution No P-08-35
Page 12
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 9th day of December, 2008
C-
ATTEST
. Troyan, MMC, City Clerk
.,
. .
Resolution No P-08-35
Page 13
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution No P-08-35 was duly adopted by the
City Council at a meeting of said City Council held on the 9th day of December 2008
and that it was so adopted by the following vote
NOES'
CUNNINGHAM, HIGGINSON, REXFORD, CAFAGNA
NONE
BOYACK
AYES
ABSENT
DISQUALIFIED'
NONE
~
~
Clerk