Covenant Regarding Real Property 1988-355132
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REroRDI~ REQUEST BY:
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CITY OF POWAY,
19RB JUL 2 j PM 2: 15
WHEN REroRDED" MAIL 'ill:
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CITY CLERK
CITY OF f'(JNAY
P.O. OOX 789
POWAY, CA 92064
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(This spaCe
NO FEE
No Transfer Tax Due
CDVENANT RmARDI~ REAL PROPER'lY
poway Redeveloprent Agency, a political corporation ("OWNER" hereinafter) is
the owner of real property described in EKhibit A which is attached hereto and
made a part hereof and which is cOmronly known as 13655 Poway Road ("PROPERTY"
hereinafter). In consIderation of the approval of Conditional Use perinit 88-04,
Develo~nt Review 88-09, and Variance .88-03 by the City of Poway ("CITY"
he:teinafter), OWNER hereby covenants and agrees for the benefit of the CITY, to
abide by conditions of the attached resolution (EKhibit B).
This Covenant shall run with the land arid be binding upon and inure to the
benef i t of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the-respective parties.
OWNER agrees that qoINER I s duties and obligations under this Covenant are a
lien upon the property. Upon notice and opportunity to respond, the CITY may
add to the tax bill of OWNER any past due financial obligation owing to CITY BY
way of 'this Covenant.
If either party is required to incur costs to enforce the provisions of this
Covenant, the prevailing party shall be entitled to 'full reimburserrent of all
costs, including reasonable attorneys I fees ,from the other party. The CITY may
assign.to persons impacted by the performance of this Covenant the right to
enforce this Covenant against Cl'VNER.
. /-A.5-88
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CITY OF POWAY
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C/N)R-6-28.1
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CORPORATE ACKNOWLEDGMENT COrJE/?,4/17 ;f7E~n;(.o/Nr;:... /(~/}L //f'o/'FAd')l
State of
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On this the,.(5 - day of
JULY
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197 J', before me,
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County of ~\.4fl .:t:J/Et<"o
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the undersigned Notary Public, personally appeared
~ OFFICIAL SEAL
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YAm<e..s L. flc>we/"scx
~ personally known to me
-0 I3rs','e8 te.......o nn tho h::l!=U5l..otsaHs.factor.y.evidenc8.
to be the person(l4.who executed the within instrument as
E k~, (171 <1 e. ..J)/,e €C7bRor on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
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Notary's Si~~
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7120122
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.O. Box 4625 . Woodland Hills, CA91364
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9-696456
DESCRIPTION
Page 1
DESCRIPTION
PARCEL 1:
All that portion of the .Northeast Quaner of the Southeast Quarter of Section
13, TowTI~hip 14 South, Range 2 Vest, San Eernardino Veridian, in the County of
San Diego, St'ate of California, according to the C'Hidal Plat thereof,
described as follows: ..
Conmencing at a point in the North line of said Northeast Quarter of the
,Southeast Quarter, whith is 416.85 feet East of the Northwe~t corner of. said
Northeast QuartEr of the Southeast Quarter; thence: 'East along the said Nort!1
line of the l!c.rtheast Quarter of 'the Southeast Quarter, 203.65 feer; thenc':'-'
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South 445.50 feet; thence I;est 203.65 feet; thence. North 445.50 feet to the
Point of Cccmencement.
PA~CEL 2:
The 'East 30.00 feet c;f that ponion of the Northvlest Quarter of the Southeast
Quarter of Section 13, To,mship 14 South, Pange' 2 l.!est, San Bernardino
~1e.ridian, in' the CO\Jnty of San Diego, State of California, according to the
Offidal Plat t.hereof, descdbed'as follo,",s:
Eegin'ning at a p"int on the North line of said Northeast (1uar,ter of the
Southeast Quarter "hich is 132.00' feet East of the, ~10rthwest corner 0: said
Northe~st Quart.er of t-he Sout:heast Quarter, said }X)int being the Northeast
C0rner of land convEye'd to SilvErine K. AIobler, by deed dated June 7, 1892 and
rEcorded in ~ook 201, Pa~e ,449 of Deeds; thence East a1 eng said' North line a
distance 0f 284.85 feet; thenCE S0uth 445.5Q feet: thence l'!est 284.85 feet to
the ~0u-theast corner of said A.!:lbler 12.!1d~ thence North 'alor.g- the East line of
saie ft,~bler land 445.50 feet to the point of beginning.
EXCE?TI~ THERE:FRG:.! the North 50:.00 feet'.
P;.~...'C(.CEL 3:
All that port-ion of the Nort.heast Quarte-r: of tl!~ Southeast Quarter of SectiO)l
13, TO.....l:.shi,p 1'4 South" r..an3e. 2 }?est, San f-ernardino 'Meridian, ,in the County of
San Diego, State of California, according' to the" Official Plat thereof,
described as :follows;
C,,,,,nencfng at, a point in th" North line ,of said Northeast Quarter of the
Southeast Quarter ",hich is 132..QO ,feet Easl of"the Northwest corner of said
lJortheast Quarter o'f ,the SouthwastQuarter, said PoJ.nt of Commencement being
a1:so the Northeast corner of land coriveyed by Louis H. Hilleary to Silverine
K. Ar..bIer:, by deed dated Jl.Crle 7, 1892 and recorded in .took 201, Page 449 of
Deeds:-thence East along the said N0rthline of the ~crtheast Quarter. of the
Southeast Quarter 284 $85 feet;" thef!ce South 4l15.50 fe.et;; tr.ence \-Jest 231.85 .
'feet t9 the Southeast c()r~eT .of land c(ln',~;'yec. to l..mble.r abovernenticned~ tr.eI!ce
r-:ortn alcng ,tDe East' l"irle .9't. !:aid A~hl-er'~ 1and ~45..5() fEet to :the Paint 'of
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EXCEPTING TP.EREFROM' the North 50.00 feet.
0-696456
OESCRIPTIC!I,
Page 2
ALSO EXCEPTING THEREFROH that portion lying within Parcel 2 herein above'
descri bed.
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RESOLUTION NO. P-88-73
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 88-04
DEVELOPMENT REVIE~ ~8~09
AND VARIANCE 88-03
ASSESSOR'S PARCEL NUMBER 317-190-21, 40, AND 41
WHEREAS, Conditional Use Permit 88-04, Development Review
88-09, and Variance 88-03 submitted by Chrysler Realty Corporation,
Applicant, requests approval to construct two buildings for use as
an:' automobile sales and service business at 13655 poway Road in the
Commercial CbIT\rnunity zone; and,
WHEREAS, on J,une 28, 1988, the City Council held a hearing on
the above referenced item.
NOW, THEREFORE, the Council does hereby resolve as follows:
Section 1.: Environmental Findinqs:
The City Council finds that the project will not have a signi-
ficant adverse impact on the environment and hereby issues a
'Negative Declaration.
Section 2: Findinqs:
Conditional Use Permit 88-04
I. That the l09ation, size, design, and operating charac-
teristics of the proposed use will be compatible with
adjacent uses; in that the proposed automobile sales and
service business adjoins other commercial uses on two
sides and where it adjoins residential uses, the con-
ditions of approval require construction of an eight foot
block wall and a landscape buffer to separate the two
uses.
2. That the harmony in scale, bulk" coverage, and density is
consistent with the adjacent uses; in that proposed
buIldings are similar in 'size to adjacent commercial
bui'ldings..
3. That there are available public facilities, services, and
utilit(es;, in that sewer and water service is available
for the project; in that sewer units were allocated to the
site through approval of the underlying map (TPM 88-04).
4. That there will be no harmful effect upon desirable neigh-
borhood characteristics as the project's activities will
be buffered from adjacent bustnes~es and residences, by
walls and landscaping.
"Exhibit B"
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Resolut,iOn No. P- 88-73
Page 2
5.
Thit the generation of traf~ic will not adversely impact
the surrounding streets and/or the City's Circulation.
E"lement; icnthat the Circulation Element assumed
Commercial Community use on this site and the levels Of
traffic generated by this project will not exceed levels
normally expected of commercial development.
6. That the si teis ,suitable for the type and intensity' of
use or development which is proposed, in that the size and
topography of the site will accommodate the proposed deve-
lopment without the need for excessive grading and the lot
coverage is well below the'maximum which would be per-
mitted by zone standards.
7. That there will not be significant harmful effects upon
environmental 'quality and natural resources in that the
site does not contain significant natural features or
resources due to previous disturbance and to the fact that
it ,is surrounded by existing commercial, industrial" and
residential development on all sides.
8. That there are no other relevant negative impacts of the
proposed use that cannot be mi tiga ted. because the coh-
ditions of approval include mitigation measures which
address all polential adverse impacts.
9. That the impacts, as described above. and the location of
the proposed use will not adversely affect the City of
poway General J:'lan for future as well as present develop-
ment; in that the General Plan designates the site for
commercialilseand adjacent land has already been or will
soon be fully developed.
Development Review 88-09
1. That the proposed developmen>t is' in'conJ,ormance with the
poway Gerieral, ~lan in ihat the automobile sales and ser-
vice business is a' commercial use and the General Plan
designates the prOperty' {Or commercial ~evelopment.
2. That the proposed developmen.t' wi II not have an adverse
aesthetic, hea.lth, safety, or architecturally related
impact upon adjoining properties; in that the building
design 'wi threcommended modi f i'cations' uses materials and
colors from the Commercial Design Element of the General
Plan and the bufldings are designed to be compatible with
other commercial development along Poway Road.
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Resolution No. P- 88-73
Page 3
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That the proposed development i~ in compliance ,with the
Zoning Ordinance'; in that the project meets or exceed's the
applicable standards of the CC ~one.
4. That the proposed development encourages the orderly and
harmonious appearance of structures, and property wi thin
the City; because it will blend wi.th adjacent commercial
structu-res and is located in an a-rea planned for commer-
cial development.
variance 88-03
The City Council does hereby deny the variance for the height
location of the wall sign on the following findings:
1. There are not any special circumstances applicable to the
property or the intended use that deprive the property of
privileijes enjoyed by other properties'. The site is flat
arid is similar in size to other automobile sales and ser-
vice businesses in Poway.
2. The granting of the variance is not necessary for the pre-
servation and enjoyment of a substantial property right
enjoyed by other properties in the same zone and vicinity.
Other automobile sales and service businesses have
constructed wall signs in compliance with the 20 foot
he~ght li~it for sign location.
3. Granting the variance would constitute ~ special privilege
inconsistent with the limitations upon other properties in
the same zone and vicinity.
The City Council does hereby approve the variance for a partial
relief of the required five foot landscape strip along the
easterly property line. Specifically, the Council grants
relief of the five foot landscape ~trip adjacent to the block
wall 'from the eas.terly gates, of the ,car storage ,ar,ea sou.th to
the 'block wa'll fcicated ten feet north of the southerly property
line on the followinqfindings:
1. That there are special circumstances applicable to the
property and the intended use o~the car storage area, and
because6f this, the strict application of the Zoning
Development Ordinance would deprive the property of privi-
l~ges enjoyed by other properties in the vicinity and
under 'identical ~oning class if.ica tion. Poway Creek flows
along the southerly property line. A concrete box culvert
will be constructed as part of the Capital Improvements
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Resolution No. P~ 88-73
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Program to control flooding of Pciway Creek. The cuI v'ert
will be constructed within the area of the required
landscape strip. Public Services does not permit trees to
be planted o'ver drainage facilities, because the roots can
damage the structure.
2.
That the granting of the variance is necessary for the
preservation and enjoyment of a substantial property right
possesse~ by other properties in the same zone and vici-
nity and denied to the property for which the variance is
sought. Other commercial sites have b~en developed with
automobile sales and servi~e business and have been per-
mitted full use of the site.
3 .
That the granting of the variance will not be materially
,detr iment,al to the public health, safety or welfare, or
injurious to the property or improvements in such vicinity
and zone in which the property is located. Granting the
va-riance will protect the public safety, because
restricting trees over drainage facilities protects the
lining of the culvert.
4.
That the granting of this variance does not constitute a
special privilege inconsistent with the limitations upon
otHer properties in the vicinity and zone in which the
property is situated in that the Planning Services
Department would., recommend approval for other lots wi th
similar development limitations.
5.
That the granting of this variance does not allow a use or
activity which is not otherwise expressly authorized by
the zoning regulations governing the parcel of property.
6.
That the granting of the var,iance, or i.ts modification will
not be incompatible with the Gener.al Plan in that the site
is designated for commercialdevelopmen t and the Ci:,ty
encourages automobile sales and service uses to locate in
the, ar,ea.
Section 3: City Council Decision:
Conditional Use Permit 88-04, Development Review 88-09, and
Variance 88-03, for which plans are on file in the Planning
Depar'tmen't, are hereby approved subject to the following
conditions:
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Resolution No. p- 88-73
Page 5
1.
Within 30 days of approval: Cl} The applicant shall sub""
mit in writing 'that all conditions of approval have be'en
read and, understood; and (2) the property owner shall exe-
cute a Notice of Restriction on Real Property.
2. The applicant shall prepare a revised landscape plan whlch
meets the approval of the Director of Planning Services
prior to issuance of building permits. The plan shall
include ,the following elements:
a. Substitute the proposed pine tree with another 24
inch box specimen that provides a dense landscape
screen, add ihrubs, and increas~ the number of trees.
b. Increase the number of trees within the i~terior of
the lot ~n a ratio of one tree per three requi~ed
parking ipaces.
c. Submit a substitute bush for either tam juniper or
dwarf pit~osporum,
3 .
The building materials for the showroom elevations shall
be submitted to determine conformance with the design ele-
ment of the General Plan. The Director of Planning
Services may require, upon review of' alternative' eleva-
tions, require wood facings over the 50 inch wide band
which is shown as "ext~rior plaster" on the building para-
pet. Additionally, the split face concrete block pillars
which are proposed along the north edge of the display
building, could be changed to wooden pillars, or the pro-
posed pillars could be faced with wood.
4. The exterior lighting plan shall be metal halide lights on
an automatic timing device which turns off the lights at
11:~O p.~.T~e lightin9 plan for the car storage area
shall be' revised in such a manner tha't theligh,t'.s are
directed away and do .not shine upon the residentially
zoned pr.bperties. In addition, lights shall not be
located upoii' th'e' builci:in'g w'h.kh spill light upon or which
increase light impacts upon said properties.
5.
A split face concrete block wall eight feet in height from
the highest grade of the site's property line shall be
constructed and maintained at the location shown on the
site plan. An earthen berm approximately two feet in
hei~ht shall be installed to visibly reduce the size of
the '"all as seen f'r'omthe !:',esidential properties to six
feet.
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Resoluti'on No. P- 88-73
Page 6
6.
The 20 foot wide chain link doors to the car storage area
shall be wood faced, or modif ied to screen the area fr,om
poway Road.
7. Outdoor speakers are prohibited. A substitute sales per-,
son paging system shall be approved by the Director of
Planning Services.
8. All conditions of the underlying map, TPM 88-04, shall
apply.
9. Planning Services Department' shall conduct an annual
review of this permit for compliance with the conditions
of approval or to address ptoblems with the operation of
the use. If the permit is not in compliance or the
department has received complaints, the review shari be
set for a public hearing before the City Council to con-
sider modification or revocation of the permit.
10. School fees shall be paid prior to building permit
issuance.
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II. All landscaping shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
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.
Unnatural ot excessive pruning should be discouraged.
12. All auto repair work including tune up work and engine
"revving" shall be done inside the repair building.
13. The applicant shall prepare a plan showing how oil, gas,
and other waste liquids will b~ disposed of and controlled
so as not to create a nuisance or' hil:zard to the public.
Such plan shall also indicate how on-site drainage will be
handled,. ~his plan shall be sub~itted to the City for
review .and approval prior to the issuance of building
permits.
14. Inoperable Vehicles shall ~ot be stored on the site any
longer than is necessary to complete their repair. The
applicant shall provide records to permit enforcement of
this condition upon request by the City.
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'Resolution No. P- 88-73
Page 7
15. The auto repair building's bay door ,on the east side of
th.e building shall be equipped with a self-closing mecha-
nism and shall be weather-stripped to prevent noise
leakage.
16. The hours of operation for the automobile facility shall
be restricted from 7:30 a.m. to 6:00 p.m. Monday through
Friday, and 8:00 a.m. to 4:00 p.m. on Saturday.
17. The noise level generated by the auto dealership is not to
exceed five decibels above the ambient noise level
measured, at the southeast 'and south property lines.
18. CUp 88~04, .DR88-09, and VAR 88-03 shall expire on June
28, 1989 unless building permits are issued. A time
extension application must be submitted by March 28, 1989
and approved prior to the expiraiion date.
Safety Services
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The following improvements shall be installed to the satisfaction
of the Director of Safety Services:
1. Three new fire hydrants shall be installed. The City Fire
Marshal will locate the hydrants, two on poway Road and
one on-site.
2. An automatic fire sprinkler system is required for the
entire building. Plans shall be submitted to the Fire
Department for approval prior to the start of installa-
tion. The sprinkler system shall be monitored by a
central monitoring company. The post indicator valve for
the sprinkler system shall be equipped with a tamper
switch, Knox security lock, and also be monitored.
3. The building address shall be located facing poway Road'
with numbers large enough to be seen f-rom Powa'y Roa~. The
address 'sha,ll a'~so be painted on the roof of one structure
t~ the Department of Safehy Services specifications.
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4. A "Knox Bo'x" rapid entry sy"tem is required. The location
will be determined by the City Fire Marshal.
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5. Designated fire lanes will be required, curb markings, and
signs shall be provided.
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Resollltion No. P-88-73
Page 8
6.
All toxic substances and hazardous materials s,hallbe
disclosed and Material Safety Da'taShee,ts, provided to the
t'ire Departmeh't upon occupancy. An emergency contingency
plan shall be completed with the San Diego County Depart-
ment of Heal,th, Hazardous Material Department.
Public Services
The following improvements shall be installed to the satisfac-
tion of the Director of Public Services:
L The developer shall reimburse to the City, prior to
issuance of the Certificate of Occupancy, the redesign and
incremental construction costs that. are required to
strengthen the City's box culvert so it may withstand the
loads that will be added by the proposed structure.
2. If the developer chooses to have the City design and
construct the sto'rm drain/bOX culvert connection structure
for the: underground drainage system to be located along
the easterly property line then the City shall be reim-
bursed for ~aid costs by the developer prior to issuance
of a Cert-i'ficate of Occupancy.
Street Improvements
1. Remove and ,replace broken concrete curb, gutter, and
sidewalk along the southerly side of poway Road contiguous
with the proper,ty frontage. Replacements shall be per
City of poway specifications.
2. Those exis,ting dr i veways along the ,property's frontage on
poway Road that are to be closed, shall be replaced with
concrete curb, gutter, and sidewalk per City of poway spe-
cifica.tions,.
Water
L Fire l1ydrants shall be, installed at locations to be deter-
mined by t~e City Fire Marshai. Material specifications
and installation shall be per City of poway standards.
2.
A new water main shall be installed from that existing
main ,in PO'1,ay Road ,into the site for, afire hydrant and a
serviCe line. The size of said,'main shall be determined
by a water system an,alysis to be prepared by an engi-
neering firm designa,ted py the 'City. Cost of said analy-
sis shall be paid to the City upon demand to prevent delay
in prqcessing improvement plan checking.
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Resolution No. P-88-73
Page 9
Drainage
I. The applicaDt may be required to install an underground
drainage system including appurtenant structures. Said
syst'em shall include, but is not to be limited to,
construction of a curb inlet on the ,north side of poway
Road an,d the installation of draina'ge piping to that pro-
posed box culvert to be constructed under the administra-
tion of the City's Capital Improvement Project section.
Any d~posits pr~viously collected for this system shall be
credited against the cost of construction.
2. A hydrology/hydraulic calculations shall be submitted to
the City" concurrent with the submittal of improyement
plans, for verification of the adequacy of design.
Miscellaneous
I. A 20 foot wide water easement for the new water main
installation on site shall be dedicated to the City prior
to issuance of a Certificate of Occupancy.
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If required, a drainage easement, minimum width of 20
feet, for the underground drainage system shall be dedi-
cated to the City prior to issuance of a Certificate of
Occupan'cy.
3. Street lights (two) shall be installed along the southerly
side of poway Road. The exact locatio~s shall be indi-
cated by City staff on the improvement plan during the
plan checking process.
4. Improvement plans for the construction of public improve-
ments prepat~d on standard size sheets (24' x 36" mylar)
by a registered Civil Engineer shall be submitted to the
City for review and, approval by the Director of, publ'ic
Services.
5. Public improvements shan include, but not be limited to,
inst'a,l'lat':i!on of water mains and street lights, construc-
tion of drainage system, and street -related repair and
improvements.
6 .
Prior to issuance of a building p~rmit, the above men-
tioned. improvement plan shall be approved ,the required
securities posted with. the C'ity, and the standard
agreement for it~ construction executed.
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Provide sewer lateral with property line clean out fIve
feet west of center driveway center line.
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Reso.1ution No. P- 88-73
Page 10
8.
Construct on-site water main five feet east of and
paralleling center drive center line.
9. The letter height for the proposed wall sign shall not
exceed 30 inches and the si~n shall be centered on the
north facia of the building.
10. All other prov~sions of the poway Municipal Code sign
regulations shall be complied with.
APPLICANT SHALL CONTACT THE DEPARTMENT QEPLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
A. SITE DEVELOPMENT
I. Site shall be developed in accordance with the approved site
plans on file in the 'Planning Services Department and the con-
ditions contained herein.
2. Revised site plana and building elevations incorporating all
conditions of approval shall be submJtted to the Planning
Services Department prior to issuance of building permits.
3. Approval of this request shall not waive compliance with all
sections of the Zoning Development Code and all other appli-
cable City Ordinances in effect at the time of building permit
issuance.
4. Trash receptacle shall be enclosed by a six foot high masonry
wall with view-obstructing gates purs~ant to City standards.
Location shall be subject to approval by the Planning Services
Department.
5. All roof appurtenances, including air conditioners, shall be
archi,tecturally integ,rated, shielded from view and sound buf-
'fered fr.orn' adjacent properties and streets as required by the
Plannrng Services Department.
6. Prior ,to an'y use of the pr,ojec;t sit,e or business activity being
commenced ,ther:eon, all co'ndi tibns 'of approval contained herein
shall be completed to the satisfaction of the Director of
Plann'ing Services.
7. The a'pplicant shall comply with the latest adopted Uniform
Building Code, Unifor,m Mecha,nical Code, Uniform Plumbing Code,
National Electric Code', Uni'form Fire Code, and all other appli-
cable codes and ordinances in effect at the time of buitding
permit issuance.
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Resolution No. P-88-73
'Page, 11
B. PARKING AND VEHICULAR ACCESS
I. Ali parking lot landscaping shall consist of a minimum of one
f ift'een (15) gallonsi ze tree for every three (3) parking spaces.
For parking lot islands, a minimum i2 inch wide walk adjacent
to parking stalls shall be provided and be separated from
vehicular areas by a 6 inch high, 6 inch wide portland concrete
cement curbing.
2. Pa-rking lot lights shall be low pressure sodium and have a
maximum, height of eighteen (IS) feet from the finished grade of
the parking surface and be directed a~ay fr6~ all property
lines, adjacent streets and residences.
3. All two-way traffic aisles shall be a minimum of 24 feet wide
and emergency access shall be provided, maintained free and
clear, a minimum of 24 feet wide at all times during construc-
tion in, accordance with Safety Services Department require-
ments.
4. All parking spaces shall be double striped.
C. LANDSCAPING
I. A detailed landscape and irrigation plan shall be submitted to
and approved by the Public Services Department and Planning
Services Department prior to the issuance of building permits.
2. Street trees, a minimum of 15 gallon size or larger, shall be
installed in ac~ordance with the City of poway Ordinance and
shall be planted ~t an average of every 30 feet on interior
streets and 10 fee~ on exterior streets.
D. SIGNS
Any stgnsproposed for this' development spall be, designed and
approved in conformance with the Sign Ordin'ance.
E.
RE~REATION - NONE
EXISTING STRUCTURES - NONE
F.
G.
ADDITIONAL APPROVALS REQUIRED
The applicant shall provide verification of State Board of
Equaii za tion notif icationand that appropr ia te rev iews and/or
approvals have been accomplished to the satisfaction of the
Director of AdministratiVe Services.
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Resolution No. P- 88-73
Page 12
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. GRADING
1.
Grading of the subject
Uniform Building Code,
plan and geot~chnic~l
property shall be in accordance with the
City Grading Ordinance, approved grading
report, and accepted grading practices.
2. A soils report shall be prepared by a qualified engineer
licensed by the State of California to perform such work at
first submittal of a grading plah.
3. A geological report' shall be prepared by a qualified engineer
or geologist and submitted at the time of application for
grading plan check.
4. The final grading pian shall be subject to ,review and approval
by the Planning Services and Public Services Department and
shall be completed prior to issuance of the building permit.
5. A pre-blast survey of surrounding property shall be conducted
to the satisfaction of the City Engineer prior to any rock
blasting. Sei'smic recordings shall be ta)cen for all blasting
and blasting shall occur only at locations and levels approved
by the City Engineer.
I. STREETS AND SIDEWALKS
1. All damaged off-site public works facilities, including parkway
trees, shall be repaired or replaced prior to exoneration of
bonds and improVements, to the satisfaction of the Department
of Public Services.
2. prior to any work being performed in the public right-of-way, a
pU,blic works, permi,t shall be obtained from the Public Services
of:f,ice ,and appropriate fees paid, in addition to any other per-
mi ts requi red.
3. The developer shall pay one half the cost of a City approved
landscaped me~ian along the project frontagels} at the date the
final building inspection or the date the Certificate of
Occupancy is issued, whicheVer occurs later, but a security
deposit must be posted with the City's Public Services
Department prior to building permit issuance..
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Resolution No. P-88-73
Page 13
4. The developer shall pay the Traffic Mitigation Fee at the
established rate at the date of the final inspection or the
date the certificate of occupancy is issued, whichever occurs
later,but a security deposit must be posted with the City's
Public Services Department prior to building permit issuance.
J. DRAINAGE AND FLOOD CONTROL
I. The proposed project falls within areas indicated as subject to
flooding under the National Flood Insurance Program and is sub-
ject to the provisions of that program and City Ordinance.
2. A drainage system capable of h~ndling and disposing of all sur-
face w'ater originating within the development, and all surface
water.s that may flbw onto the development from adjacent lands,
shall be required. Said drainage system shall include any
easements and structures as required by the Director of Public
Services to pro~etly handle the drainage.
3. The Master plan of Drainage Fee shall be paid at the
establishe~ rate in accordance with the Drainage Ordinance at
the date of fina'l inspection or at the date the certificate of
occupancy is issued, whichever occurs later, but a security
deposit must be posted with the City's Public Services
Department prior to building permit issuance.
4. Concentrated flows across driveways and/or sidewalks shall not
be permi t ted.
K. UTILITIES
I. All proposed utilities within the project shall be installed
underground including existing utilities along Circulation
Element roads and/or highways less than 34.5 KV.
2. Utility easement~ shall be provided to the specification of the
serving ut,ili tycompanies and the Director of Public Services.
3. The developer shall be responsible for the relocation and
undergroundlng of existin~ public utilities, as required.
4. Water, sewer, ,and fire protect'ion s'ystems plans shall be
designed and constructed to meet requirements of the City of
poway and the Health Department of the County of San Diego.
5. Prior to acceptance of property for sewer service. annexation
to the sewer improvement area shall occur.
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Resolq1;.ion No. P- 88-73
Page 14
6. The, applicant sha'"ll pay for a watersY,stem analysis to
establish .th'e pr6r:iersize and locati.on for the public water
system. The amoui'lt.will be determined by the cost of the ana-
lysis and shalL be ~aid upon demand by the City.
7. The applicant, shall, within 30 days a.Eter, Feceiving approval of
the use permit and .,development review, apply tor a Letter .of'
Availability (LOklto r.eserve sewerage, avililabili tyand post
with the City, a ,nonrefundable reserv'ab'on, fee equal to 20% of
the appropriate se\'i'erage connection fee in effect at the time
the LOA is issued ~~ not already done.
8,. Developersha'II constr\i'ct a light system conforining to, Ci ty of
,poway Standards at no cost to 'the publ.ic, subject to the
following:
a. Cut-off luminaries' shall be inst'alled which will provide
true 90 d,egJ;eecutoff and prevent projection of light
above the horizon~al from the lowest point of the lamp or
light einit'ting: refractor or device.
b.
Advance energy charges and oistric.t engineering charges
shall bepai'd by the developer.
c.
Anne~ation 'to the lighting dist~ict shall be accomplished
and evidence of annexation sha'll!:Ye accomplished at the
time of final inspection or cert"if.icate of occupancy,
whichever occurs first.
L. GENERAL REQUIREMENTS AND APPROVALS - NONE
APPROVED and ADOPTED by the Ci ty CounCi 1. of the city 'Of Poway,
State of California, this '28th day ~ June, 1988.
-~'. .~." .-/
/&=:,~~;7
'Robert C, EmerY'",!:1.ctJt6r
ATTEST:
~ '"'I G I' ,1.-// ::"';:)"( i/" . ~ /---
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Marjorie K. 'Wahlsten, City Clerk
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Resolution No. P-88-73
'Page 15
STATE OF CALIFORNIA
}
), ss.
)
COUNTY OF SAN DIEGO
I, Marjorie L.Wahlsten, City Clerk of the City of PO,way,d6
hereby certify, under the penalty of per..jury, "that the foregoing
Resorlition, No. p~ff8..-'73 , was duly adopted by ,the City Council at
a meeting of said City Council held on the 28,th day of June
1988, ,and that it was so. adopted by the following vote:
AYES: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY
NOES: NONE
ABSTAIN: NONE'
ABSENT: NONE
.'-.,.'>.-\. I V/ - 1 'i. c--._~
J ! lCL-t-,\~~Lc.<2.. I '-, ),l)f.0.C1--<:, u.......
Marjor~e K. Wahlsten, City Clerk
City of Poway
R/R-6-28.18-32