Covenant Regarding Real Property 1989-167411
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RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
C!TY OF POWAY
P,O, BOX 789
POWAY, CA 92064
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No Transfer Tax Due
(This space for'Recorder's use)
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COVENANT REGARDING REAL PROPERTY
Intercal Equities, Inc. a California Corporation ("OWNER" hereinafter) is
_the ,own.~r :ofreal prope'rty descrIbed in Exhibit A 'which is'attached, hereto and
made a part hereof and which is commonly known as Assessor's Parcel Number
323-270-51 ("PROPERTY" herejnafter), In consi,deration of the approval of
Conditional Use Permit 89-01 by the City <if Poway ("CITY" hereinafter), OWNER
hereby covenants and agrees for the benefit of the CITY, 'to abide by conditions
of the attached resolution (Exhibit B),
This Covenant shall rurr~ith the land and be biriding 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In the event that Conditional Use Permit 89-01 expires or is rescinded by
City Counci'l 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 entitled to full reimbursement of all
costs, including reasonable attorneys' fees, from t other party. The CITY may
assign to persons impacted by the, performance of i Co ena~t tright to
enforce this Covenant against OWNER,
Dated: 1f)~ ~~I /,?d'--'f
Dated: March 7, 1989
CITY OF POWAY
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Transar:?~rica Title Insurance C;~'11pany
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THE LAND REFEF:RED 'WHEREIN IS SITUATED IN THE S.TATE IJF Ci',LIFOF:Nli'"
COUNTY 01= SAr,j DIEGU, CITY OF PIJI>IAY, AND IS DESCRIBED AS FOLLOI.>IS:
,PARCEL 1 OF PARCEL MAP NU. 10643 IN THE COUNTY OF Si',N DIEGO,
ST,:>;TE OF CAL I FORN I A ACCORD I NG TO NAP THEREOF, FILED IN
THE OFFICE OF THE COUNTY RECORDEF: OF SAN DIEGO COUNTY,
DCTOBER 30, 1980, i',S FILE NO. 80-364263 OF OFFICIAL RECORDS.
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ExHIBIT A
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6008792
day cif
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19 _, before me, *
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County of
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it ':'--,state of
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this the
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the undersigned Notary Public, personally appeare:l
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o personally known to ,me
o proved to me on thebasi.s of satisfactory ev:ipence.
to be the person{s) whose nartE{s) sllbscribed
to the within instrument, and acknowledged that
executed it.
Wr'INESS my hand and officiai seal.
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* Notary's Signature *
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* ,State of
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County of
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On this the day of 19 ,_, before me, *
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the undersigne:i Notary Public, personally apPeared
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o personally known to me
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o proved to me on the basis ,of satisfactory eyidence
to be'the person{s) who exec1ite:i the withininstrurnent,
on behalf of the partnerShip, and acknowle:ige:i to me that
the partnership executed it.
WITNESS my hand and official seal.
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* NotaIy's Signature *
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cmroRATE ~
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· . IState of flAUPOWIA
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· County of _GwLJ'I::7,u
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proved to me on the basis of satisfactory evidence 'to.
the person{s)w!lo executed 'the within instrument as *
-S . $c:c or on behalf of the corporation *
therein nana:l, and acJm wle:iged to me that the corporation *
executed it. *
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Nota:ry' Signat re *
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' ' _ on' ,this the ":;l.!.~day of HIHe-!! H 19 fl: before me, *
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the undersign NOtary, pUblic, personally ap'peared *
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personally known to me
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'RESOLUTION NO. P~ 89-25
A RESOLUTION OF THE C!TYCOUNCIL
OF THE OTY OF POWAY, CAL)FORf.JfA
APPROVING CONDITIONAL USE PERMIT 89-01
ASSESSOR'S PARCEL NUMBER 323-270-51
WHEREAS, Conditiona,l Use Permit 89-01 sUbmitt,edby The AndrewS and Bloom
Group, Inc" appiicant, requests approval toconstruc~ ~ building for use a~ an
autolllobi-le sales and 'serv,ice business at 14141 Poway Road in the Manufacturing
Service zone; and
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WHEREAS, on March 7, 1989, the City Council he.1d a hearing on the above-
referenced item,
NOW, THEREFORE, the Counc il does hereby reso1 ve as follows:
Section 1: Environmental Findings:
The City Council finds that the project will not have a significant adverse
impact, on the environment, p,r::ovided mitigation measures are adopted and
hereby 'issues a Negative Declaration with mitigation measures.
Section 2: Finai.ngs:
1.
That the location, size, ~esign, and operating characteristics of the
propose'd use will be compat,ible with adjacent, uses; in that the pro,-,
po.sed automobile sales and service business adjoins other comme'rCia1
(lnd manufacturing 'service uses to the west, east, and north and where
it is in proximity to land zoned for residential uses, the conditions
of approval requi~e a screening wall and ~ landscape buffer to separate
the uses,
2. That the harmony in scale, bulk, coverage, and density is consistent
wHh the adjacent uses; in that the proposed buildings would be simil,ar
in size and arch'i:teCture, to adjacent commercial bu'ildings,
3, That there are available publi,c facilities, services, and utili.ties;i!n
that sewer aiidwate, s,eryi ce is aV,ail able for the project;, a Letter "o'f
Availability would be allocated to the site through approval of this
conditional use permit.
4, That there will be no harmful effec-t upol] desirable neighborhood
characteristics; i,n that the project's aC,t,i,vities wi 11 be bliffered from
adjacent businesses arid residences, by walls and landscaping.
5. That, the. generation of, traffic will not adversely impact :the
surrounding streets and/or the City's Circulation Element; in th'at the,
Ci.rcuIat,ion Element assumed Manufacturing Service use, on this site and
the le'vels ,of traffic generated by this projeci w,ill not exceed 1eve.1s
no'rma 11y expected of commerc i a 1 deve 1 opment'.
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Reso tuti on No ,p'- 8~-25
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6. That the. s.ite issuifablefor the type~nd jYltensfty o.f uS,e or develop-
ment which i? p'r;oposed; in that the size; an,d topography of thesH~,
Ivi llaccOjllm~cl~te,the, proposed deveJopmentwi th an appr6pr'iate grad-i;ng
plan and thelpt'covei'age is about 50 peicent of the maxi,mum permjt:ted
by zone standards,
That there wlll not be s'igriificant harmful effects upon environmental
qual ity and natural resources in that the,site does nO,t contain signi-
fkant. ri~tu,ralf~atures or resources due to previous di;stUf:bcirfce alld
due :to the fact that it is surrounded by eXisting or va~ant .p'I'oJJer,ties
z,ot'ied forcommerc i,'al, indus trial, and re's,; den:fi'a I ,de,ve:loP111enJ~,
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8.
Thal there' are no ot,her relevant negative impacts of the proposed use
tha.t. cannot, be mi:Hgat,ed because the conditions of approval incl ude
:miti,gahonmeasures 'which address 'aill potential adverse impacts ,
That' the impacts,asd~scribed ab()v!,,, and the 1 ocati on of the proposed,
us'e will not adv.~rsely affect the'Gjty of Po way General Plan fO'r future
as we I} aspl'esepJ deve lopment; in that the Genera I Plan des i gnates the
site for ManufaCturing Servi ce use and adjacent 1 and has already ,b'een
or wi ,11 soon be fu'l1y developed.
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Se'cti6i1,3: CityCounc,i:l Decision:
Gondi tionai. US,ePermit 89-0i,fo'r whi'ch pla'ri's are on fn~ i nthe Planning
Department is hereby approved subject to the following conditions:
Wi,thin 30 days of approval: OJ'The apJJ I i,cant sha llsubmi't in'wT,iting' 'that
all conditions ofapP,rov.alh~y~, beer read 'aDd unde,rstood;and.. (2-) th'e pro-
JJertyowner shan execu,t,e a COv.,enant on Rea] Property.
APPUCANT'SHALL CONT,;a,CT T'HE DEPARTMENT Dr PLANNING SERVICES ,REGARDING COMPLIANCE
.WITH tHE FOLLOWtNG COND mONS: .' ., ,. . ,.
SU,E DEV.ELOPMENT
1, S,i,te 'shalll"be devel oped in .accordance wi.:th 'a"deve{opment revi.ewi a'ppfoved by
the City' C6un'ci 1 ,andw.ith, ihecondit,ions contained herein and in Tithe' deve~
lopmeht ,revi ew,
2. Site plans and buildlng elevationsjncorpol'ating all condition's of approval
'shan besubmft:tf!d a~p'art of the 'del'e16pmehtreview appl ication to the
p'laD,n ing 'S'enices Depa'rtmeh t,
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3, ,Approval of, thYS request sha 1,1 notwa i V,ej gompFance w'ith all Sections of the
,Zonihg D~'!~l()pm~n,~ G?de and ~)J ,othera,pp1.icatil e City Or:d i naricesineffect
,a,t, the fl.me of .bul;:ldl n'g permtlssuance.
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~esolution No, P-89~25
Page 3
4, Prior to any use of the, project site or business activity being comm!!nced
thereon, all conditions of approval contained herein shall be compJeted to
the satisfaction of the Director of Planning Services.
5, For a new commerc'ial or industrial develqpment, or addition to an existing
development, the app I i cant shall paydeve I opment fees at the estab 1 i shed /
rate. Such fees may include, but, not be limited to: Permit and Plan'
Checking Fees, 'Water and Sewer Service Fees. These fees shall be paid prior
to building permit issuance,
6, Prior to delivery of combustible building materials on sHe, water and sewer
systems shall satisfac,toi"ily pass all required tes;1:s and, be connected to the
pub 1 ic: water and sewersysterils, In add'iti on, the fi rst '1 i ft of 'aspha.Jt
paving'shall be in pliiC:e to provide ad~quate, permanent a'ccess for emergency
vehicl'es, The final .lift of asphalt shall not be installed until all other
construCtion activity has been substantially completed to the satisfaction
of the City. .
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7, For a new commercial or -industria,l development, or addition to' an existing
development, the applicant shall pay development fees at the established
rate '. Suc h fees may i nc,lude" bu t not be Ii mi ted to: Permi t and PI an
Checking Fees, Water and Sewer Service Fees, These fees shall be paid prior
to building permit issuance,
ADDITIONAL APPROVALS REQUIRED
Development Aeview shall be accomplished prio~ to the issuance of a building
permi t, Addjti ona I condi ti on,s concerni ng park i ng and vehi cu lar access, .
landscaping. signs, and existin9 struct~res, will be imposed as part of t~e'
development review approval,
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE,
WITH THE FOLLOWING CONDITIONS: '
GRAD ING
1. Grading of the subject property shall be in accordance with the Uni,form
Building Code, C,i,ty Grading Ordinance, ,!pproved grading plan andgeotech-
nical report, and acce'pted grading practices.
2, A soils report shall be prepared by a qual ified engineer licensed by the
State of California to perform such work at first submittal of a grading
plan.
3, A geologfcal report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan ~heck.
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~esolution No, P-89-2& '
Page 4
4, The final grading plan shall be subject to rev,iew and approval by the
~fann{~g~ervit~~ and P~bljc Services Department and shall be completed
prior to issuance of building permit,
'5. ,A pre-blast suryey o'f surrounding property shall be conducted to the satis-
faction of the G,iJy Engineer prior to any rock b,lasting. Seismic recor-,
'dings shall be talien for all blastjngand blast,ing shall occur only at
locations and levels approved by the City Engineer, '
6, Afin'il'l compaction report 'Shall be submitted prior to, issuance 'of bui-ld:ing
permits. '
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7, Al:e,tter from th~'pr6ject civil engineer, certifying the site gr'a'ding,
shall be submitted prior to building permits,
STREETS AND SIDEWALKS
:1,.
Tne eXlsting raised concrete median along the project's frontage on
Poway Road s"na11 be reconstructed to provide a left-turn lane
pocket to Olive Tree Lane from Poway Road westbound traffic. The
eXtent of reconstruction shall be per Ci ty Engi neeI' , s approva 1.
2. ~epair to C,ity standards any broken curb, gutter, sidewalk, and
, 'pavemen,ta1 ong the southerly ha lf of p.oway Roa'd conti guous wi th the,
project's boundarY,
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3, Olive Tree Lane shall be extended 'southerly from Poway to the
,?outhwesterly corner of Parc~l 1, Parcel Map No, 10643,
Improvement to sa,i,d streetshall be per City of poway's Dedicated
Urban Road Loca 180 11 ec.ior Stre,et standards wi th 40 foot paving
width and 60 foot right-of-way for truck denveri,es (City Code
Sections 12,20,070 and 12,20,080), A-cu1-de-sac w,ith a 96 foot
diameter ri ght-of'-way and a '76 foot curb-to-curb d'i ameter street
paving shall be constructed at, the southe171y end. Prov:ide driveway
openi,ngs to that private road south of the project, and to that pro-
perty located southwest of said project. Also, two driveways for
the project shall be constructed a,long Olive Tree Lane,
Since the offer of dedication for Olive Tree Lane extensi~n is only
half of what is requ'irea for ded,icated Urban Road Standards, the
developer and/or owner shall acquire an' add'itional 30 foot wide
strip of land along and across the easterly 30 feet of the pro-
Ject's w,esterly adjoiner for a street right-of-way dedication to
the City of Po way" Oed.icati'on shall be made prior to building per-
mit issuance: or prior to stree,t constr.uction whichever comes first.
4, That, exi'stir\gS6 foot ,wide irrevocable offer of dedicati,on for road
purpose in Parce.l 2 of Parcel Map No. 10643 and along and con-
tiguous with the southerly boundary, of the project ShaH be'
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ke's61 uHon No,. P- 89-25
Page 5
improved ~o City of Poway's Non-dedicated Rural Road Standards with
a pa~emen~ width of 2~ feet and concrete turb, gu~ter, and ~.5 foOt
wide si dewal ka long th'e northerly side. The southerly si de shall
have an A,C, berm,
5, Street li.ghts p,er 'city of Poway Standards shall be installed in
01 i ve Tree Lane and along the project' s frontage on Poway Road,
The locations of said street lights, if neepe,d, shall be determined
after the appli qant/de,ve lopeI' submi,t upon the Ci ty' s re ques t to the
Public Services Department, a plot plan showing the locations of
exi?ting stret 1 ights along Poway Road with'in a 500 foo.t rad,ius
'from the proJect's boundary,
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6, All the above street improvements shall have improvement plans pre-
pared, submi tted to the,Cfty"s Pub 1 i c Services Department, a~d,
approved, with requirea securities postea, and a standard agreement
for its construction executed prior to building permit issuance.
7, Street stripi.ng an.d signing shall be installed to the satisfaction of the
Director of Public Services~
8,
All street structural sections shall be submitted to, and approved by the
Director of Public Services,
Street {mprovement plans prepared onstandar,d s.ize sheets by a Registered
Civil En9in'eer shall tie submitted for approval by the Director of Public
Services" Plan check and inspection expenses shall be paid by the deve-
loper,
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11. Street improvements that intlude, but are not limited to:
X a. 'Si dewal k s X e, Cross gu tte I'
X b, Q.riveways L Alln gutter
X, c, .Wheel ,chair ramps' - X g, Street pavi ng
X d,. Curb and gutter or AC berm h, Alley paving
sha11 be: constructed ,prior to the occupancy of .the unHs to the satis-
fac,tion :of the Direc'tor of Public Serv'i'ces.
12, All damaged off-s'ite public works facili:t5es, including parkway 'trees,
shall be repaired or replaced prior,to eioneration of bonds and improve-
ments, to the satisfaction of the Department of Public Services,
13. Prior to :anywork being performed in the pub'lic right"of-way,a right-of-
\~ay permit ,shall be obtained from the Publi.c Services office and
appropriate fees paid, in addition to any other permits required.
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Resolution No, .P- 89-25
Page 6
14, The developer sh~ll pay the Traff'ic Miti'gation Fee at theestabl;ished rate
prior to building permit issuance,
'15, Industrial/commercial driveways shall have a minimum width of 30 feet and
shall be designed as an alley apron,
DRAINAGE AND FLOOD CONTROL
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1. Intersection drains will be required a,t locations specified by the Director
of Publ ic Services and in accordance with standard engineering practice's,
A dril in~ge,system capab I e of handl ing, and di spos,i ng
originating within the site, and all 'surface waters
.site from adjacent lands, Shall be required, Said
include any easements and, structures as r:equired by
Servi ceS to properly hand Ie the d,rai nage.
3. Portland cement concrete cross gutters shall be installed where water
crosses the roadways,
2,.
of all' surface water
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that may flow onto the
drainage system shall
the Director 6f Public
4, The Master Plan of Drainage Fee shall be paid at the establisned rate in
accordance with the Dra i nage Ord'inance pri or tobuHding permil i'ssuance.
5,
Concentr:ated flows across driveways and/or sidewalks shall not be per-
mitted.
UTILITIES
1. All proposed utilities within the project shall b,e installed underground
incJ.uding existing utilities less than 34,5 KV along Circulation Element
roads and/or highways,
2,' Util i ty ea~ements shall beprov i ded to the spec,i fi cat i on of the servi ng
util i tycompani es and the Director of Pub Ii c Servi ces,
3, The developer shall be resp'onsible for the relocation ,and undergrounding of
existing overhead utilities, as required,
4, Water, sewe,r, and fire protection systellls plans, shall be designed and
cO,nstructed to meet requ,irements of the C:ity of ,Poway and the Health
Department of the County oJ San Diego, Any ,on-site wat'er and se'wer lines
shall have an easemeht, a minimum width of 20 feet wide for each line,
,dedicated to the City of Poway pri,or to issuance of a Certificate of
Oc(:upancy,
5, ~rior to acceptance of property for sewer service, annexation to the sewer
improvement area shall occur.
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Resolution No,. P_ 89-25
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The applicant shall pay for a water system analys'i.s to estab.l i sh ,the proper
size ,and location for the publ i,c watersy.stem, The amount- will be 'deter-
mined by the cost of theanalysi s and shall tie paid upon demand by the
City,
lhe appl icant shall, wi,thin 30 days after. receiving approval of the con-
diti ona 1 use pennit apply for a Letter of AVa il ab il ity (LOA) to reserve
sewerage availability and post with the City, a nonrefundable, reservation
fee equal to 20% of the appropriate sewerage connection fee in effect at
the time. the LOA is issued,
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7.
8, Developer shall construct a light system conforming to City of Po way
Stand~rds ~t no cost to the public, subject to the following:
a, Cut-off luminaries shall be installed which wi'll prbvidetrue.90
degree cutoff and prevent projection of light above the horizontal
from the lowest point of the lamp or light emitting refractor or
devi ce.
b. All fixtures shall use a clear, low pressure sodium vapor light
source,
Advance energy charges and District engineering charges shall be, pai,d
by the developer.
d. AnnexatiO,n to the lighting district shall be acc'omplished and evidence
of aQnexat,ion shall be accomplished at the time of final inspection or
cer,b ficate of occupancy, whichever occurs 1 ater,
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9, All existing utilities (i,e" gas, electric" telephone) and their appur-
tenances shall be shown on the improvement pl~ns,
10, All on-s,ite water mains shall be dedicated to the City, A 20 foot water
line easement sha,ll be ded.icated to the City prior to issuance of a
Certi ficate of Occupancy,
11. 'Improvement plans for on-site water mains shall be 'prepared o~ .standard
s~2ed sheets, signed by a registered Civil Engineer and submitted to the
City for approval,
APPLlCANTSHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SAFETY SERV ICES
1. The buildings shall display their numeric address ina manner visible from
the access street, Building addresses shal'l also be disp,layed on the roof
in a nianner satistactory to the Director of Safety Services. Minimum size
of building numbers is 18 inches ontacade of building,
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:Resolution No, p- 89-25
P<<!~e 'iF'
2. The bu lidingswiT'l be .~equired to install an' approved fi.re Sprink.rer
system The e,nti re,sy"stemi'~ to be mon itohe,d by' :a, centra 111l0nitodng'
,agency, , .1:: sysJem poskiD.cl}cator:valve with t,ampe~' switch, also, monitor:.ed,
is to be loc'ated by the' (},i'ty Fire Marsha I ;prior to, insta 11 ation~
'Theaddit i on of 'on-sHe, fi re hydrants is ;r;'e:quired, The 1 ocat ion of the
,hydrants shall, be 'determi ned by' 'the City ,Fi i'e Ma'r'sha 1.
3,
/I, An Emergency Cgntinge,r'cy P,Lan.and Ha;:ard()u s Materi a Is D,isc losure is
~e4ui:~ed to ;be fi'ledl"i j;h the San Qiego County Departmen,tofH~al:thand,
cop',ies provided to trle'"(i're Department.
~, l~o,~,e {iree serv'ice f.or,poyay Auto B'ody to more accessible location;. install
fi re hydrant."
6. A Knox 'security syStem' is to beprovi'ded,
7" Fire Department access to be pl'ovid,e.d." D,esi gnated fi're 1 anes to be s i,gned
and marked accord'j'ngto ,c;i ty gu i deTines,
8. Approved, meth'ods for' 'the eliini nati6n of oil s /gre'ase into the storm dra i n
sy stem s ha:ll b.e re qu i,r.ed"
9',
A hazardous ma,terialbus;i'ness p<1an shall be fil'ed with the San Diego County
Heal th De'partmerit,
GENERAL REQUIREMENTS 'AND APPROVALS
1. The pr,()pertyhass,evewl easements, w.ithin. Iti.s the responsi,l?ilLty of the
develope~ and/Q,r.ownerth,a;j: ,the 'rj gh'tsaccorded ,to the. easement !1O) der,~
,s.ha.TlhotQ!" v\olated, SaiddeveJ6pe.rand/o~, ol'iner shan presen,t to the
'City's Pub:l.i'c Ser.vices: Departrnen,tupoh request for:pr;oof f,rOnl e,clsement
holder's 'that development bve'r sai,d easements areper;'mitted or for any
recordedeVi'dence 6fre.liriqiJishment. City staff shall 'work with the ease-
ment ,holders arid with'th'e ae.ve'loper to proces's rel'inquisliinent of said ",ase-
ments',
'2, Thecgn(J,i,!ional usepermi,t:shall e?<pir,e on: .Mar,ct] Ii ;1'990 ul)l;e,ss a,n. app'lica_
:t,iion tOT'tJl1le extension ,h re,ce;ive,g .QU days: p{ior' to expi'ration'in accor-
danc,e wi tn the City's lonin9Code"
APPROV'ED and ADOPTED by the (;,ity Cound'l' 'of he City of Poway, State of
C,a'li,fornia'.! thi's rth day ,of March, .1989.
-
Mayor
,ATTEST:
'--:Vh.. , < 1 ./.7{h J--
, I. r~\CPv_Ue
MarJone "wah:1 sten, 'CHy ClerK
, ,
'. ..-'
, .
r
J
'\"'~~' ~
,i.
2242
'.
i.
Resolution No" P" 89-25
Page 2
STATE .of tAL ItORNIA
C.oUNTY OF SAN DIEGO
I
) ss,
)
, I:, Marjo'rie K, Wanlisten, City Clerk of the' CHy of Poway, do hereby cerfify,
under the penalty of pe~~ury, that the foregoing Resoltit.ion, No, P-89-25 , was
duly ado.pted by the CitY CounC'il af a meeting of said City Counci'l held on the
Zth day of March , 1989, and that it was so adopted by the, followi.ng
vote,: '
AYES : BRANNON , EMERY, GOLDSMITH; HIGGINSON; KRUSE
N.oES: N.oNE
ABSTAIN: N.oNE
ABSENT:
N.oNE
\,J
R/R-3-7,23-31