Covenant Regarding Real Property 2002-022748911111114111111 IF
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
DOC 102002-0227489
MAR 19, 2002 9:24
OFFiCIAL RECORDS
5395 SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 55.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Bay Automotive Properties LLC (c /o Donald V. Strough), PROPERTY OWNERS
( "OWNER" hereinafter) are the owners of real property ( "PROPERTY" hereinafter) which is
commonly known as Assessor's Parcel Numbers 317 -190 -15, 16, 17, 18, 20, 28, and 39.
In consideration of the approval of modifications to Minor Conditional Use Permit
(MCUP) 99 -03 and Development Review (DR) 99 -06, a request to allow the establishment and
operation of an automobile sales dealership, with ancillary automobile business operations, on
PROPERTY, by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by
conditions of the attached resolution (Exhibit A).
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In the event that MCUP 99 -03 and DR 99 -06 expires or is rescinded by City Council at
the request of OWNER, CITY shall expunge this Covenant from the record title of PROPERTY.
In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall
be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other
party.
Dated
Dated: 04 , r . O Z
N: \city \planning \01 report\mcup \mcup9903(2) cov.doc
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Bay Automotive PRopertic
CITY OF POWAY
By: _/l /�e�aT/
Niall Fritz, 15irector of DevjApment Services
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02('} COPY
5396
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of 's
On Z L� /� , before me, J r f L 4 ek—
Date Name and Title of Officer (e g ,'Jane Doe, Notary Publil
personally appeared w4 kt—� 4 t S l i iC Id
Name(s) of Signer(s)
p ersonally known to me
❑ proved to me on the basis of satisfactory
evidence
ALAN 1. SILVER
N Comil 118815 (�
NOTARY PUBLIC CALIFORNIA
caw, i City el SLA Frmmeo
Nv Comm Ea nn June 10.1001
official seal.
Place Notary Seal Above
to be the person(s) whose name(s) is /are
subscribed to the within instrument and
acknowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
L
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date.
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s).
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OP SIGNER -
LN
Number of Pages:
0 1999 National Notary ASS afioa- 9350 De Soto Ave. PC 8ox24W• Chatsworth ,CA913132402- wwnationalnotaryorg Pretl NO 5907 PeoMer Call Toll Free l- 8008766827
EXHIBI0397 105�ql
RESOLUTION NO. P -02 -06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
RESCINDING CITY COUNCIL RESOLUTION NO. P -01 -64 AND
APPROVING MODIFICATIONS TO MINOR CONDITIONAL USE PERMIT 99 -03
AND DEVELOPMENT REVIEW 99 -06
ASSESSOR'S PARCEL NUMBER 317 - 190 -15, 16, 17, 18, 20, 28 and 39
WHEREAS, on May 18, 1999, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to Minor Conditional Use
Permit 99 -03 and Development Review 99 -06, submitted by First America Automotive,
applicant; and approved the request to construct an auto dealership on a 3.63 -acre
property located at 13741 -13761 Poway Road within the Automotive General Commercial
zone. The project consists of a 22,550- square -foot new car showroom /service building, a
1,572- square -foot detached used car showroom building, and a combined total of 75
employee /customer parking stalls; and
WHEREAS, pursuant to Section 17.48.150 of the Poway Municipal Code, the City
Council determined, on October 2, 2001, to set a public hearing to modify or revoke MCUP
99 -03 due to Poway Honda's failure to fully comply with the project Conditions of Approval
and all the requirements of the Poway Municipal Code; and,
WHEREAS, on December 11, 2001, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to Minor Conditional
Use Permit 99 -03 and Development Review 99 -06 and determined that additional project
Conditions of Approval are necessary to protect the integrity of the adjacent residential
neighborhood.
WHEREAS, on December 21, 2001, the applicant submitted, pursuant to Chapter
2.21 of the Poway Municipal Code, a request for rehearing of the December 11, 2001 City
Council action and on January 8, 2002, the City Council accepted the request and
scheduled the item for re- hearing.
WHEREAS, on February 5, 2002, the City Council held a duly advertised public
hearing for a rehearing of the applications and to solicit comments from the public, both pro
and con, relative to Minor Conditional Use Permit 99 -03 and Development Review 99 -06
and determined that additional project Conditions of Approval are necessary to protect the
integrity of the adjacent residential neighborhood.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: The City Council finds that the project has been adequately addressed in, and is
within the scope of, the Mitigated Negative Declaration (MND) approved in conjunction with
MCUP 99 -03 /DR 99 -06 dated May 18, 1999.
0
5398 Resolution No. P -02 -06
Page 2
The subject Environmental Initial Study and MND documentations are fully incorporated
herein by this reference. The City Council further finds on the basis of the whole record
before it that there is no substantial evidence the project will have a significant impact on
the environment.
Section 2: The findings for Minor Conditional Use Permit 99 -03, pursuant to Section
17.48.070 of the Poway Municipal Code, are made as follows:
A. The project is consistent with the Poway Road Specific Plan and the Poway General
Plan in that auto repair and service uses are allowed within the Automotive General
Commercial zone with the approval of a Minor Conditional Use Permit.
B. That the location, size, design, and operating characteristics of the use, as
conditioned, will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, buildings, structures, or natural resources, in that:
The auto service operation will be conducted within a building designed to buffer
noise from the residential neighborhood to the south.
2. An 8- foot -high masonry wall is required along the southerly property line to buffer
the use from the residential neighborhood to the south.
3. Lighting has been designed to not spill over on to adjacent residential properties
and is required to be dimmed after 11:00 p.m.
4. Amplified sound generated by the business will be restricted.
5. The hours of operation for automobile service activities (including the car wash)
are restricted to between the hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday, 8:00 a.m. to 1:00 p.m. Saturday, with no service work (including the car
wash) on Sundays.
6. Test driving of vehicles is prohibited in the adjacent residential neighborhood.
7. The delivery of for -sale new or used vehicles to the site by truck is prohibited.
Other deliveries are restricted to between daytime business hours of 8:00 a.m.
and 5:00 p.m. Monday through Saturday.
8. Employee parking is prohibited from occurring in the adjacent residential
neighborhood and, to ensure compliance, the applicant is required to be
proactive in advising their employees of this requirement; maintaining a
minimum of 75 on -site parking spaces for employees and customers.
53 99
Resolution No. P -02 -06
Page 3
C. That the scale, bulk, coverage, and density is consistent with adjacent uses, in that
the use will be located on a site that will be developed in accordance with established
City zoning and development guidelines for commercial projects.
D. That there are available public facilities, services, and utilities to serve the use.
E. That there will not be a harmful effect upon desirable neighborhood characteristics, in
that a number of Conditions of Approval are required of the project to minimize the
potential for negative impacts on the adjacent residential neighborhood.
F. That the generation of traffic will not adversely impact the surrounding streets and /or
the City's Circulation Element in that the traffic volumes generated by the use can be
readily handled by Poway Road.
G. That the site is suitable for the type and intensity of use and development proposed in
a designated commercial site designed to comply with all City development standards.
H. That there will not be significant harmful effects upon the environmental quality and
natural resources in that the partially developed subject property will be completely
redeveloped and the use will operate within a building designed to accommodate auto
service and repair use.
That there are no other relevant impacts of the proposed use that cannot be mitigated.
Section 3: The City Council finds that, based on ongoing documented complaints from
citizens, the additional Conditions of Approval applied to the project as part of the
Modification of MCUP 99 -03 /DR 99 -06 are necessary to ensure compliance with the
project's original Conditions of Approval and the requirements of the Poway Municipal
Code, and to protect the integrity of the adjacent residential neighborhood.
Section 4: The City Council finds that the restrictions of vehicular access to /from the site,
and the accompanying physical improvements, and the restrictions regarding the delivery
of for -sale new or used vehicles to the site, are necessary to protect the integrity of the
adjacent residential neighborhood immediately to the south of the project site, in that City
Council may establish special performance standards businesses as part of the Minor
Conditional Use /Development Review process to ensure compatibility of adjacent land
uses
Section 5: The City Council finds that the restriction of the car wash hours of operation is
necessary to protect the integrity of the adjacent residential neighborhood immediately to
the south of the project site, in that City Council may establish special performance
standards for noise as part of the Minor Conditional Use /Development Review process to
ensure compatibility of adjacent land uses.
5400
Resolution No. P -02 -06
Page 4
Section 6 : The findings for Development Review 99 -06, pursuant to Section 17.52.010 of
the Poway Municipal Code, are made as follows:
A. The approved project will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties, because the site and the
buildings have been designed in accordance with the Zoning Ordinance with
consideration for scale, size; orientation and architectural style, to provide a well
balanced project.
B. The development is in compliance with the City of Poway development standards.
C. The development encourages the orderly and harmonious appearance of structure
and property within the City through its consistency with the Zoning Ordinance, the
Poway Road Specific Plan and the Poway General Plan, which provides high
standards for development.
Section 7: The City Council hereby approves a modification to Minor Conditional Use
Permit 99 -03 and Development Review 99 -06 for an auto dealership on a 3.63 -acre
property located at 13741 -13761 Poway Road within the Automotive General Commercial
zone subject to the conditions below. The project consists of approximately 22,550- square-
feet of a new car showroom /service building, a 1,572- square -foot detached used car
showroom building, and a combined total of 75 employee /customer parking spaces.
Conditions, which constitute mitigation requirements, are designated by the use of an
asterisk ( *).
A. Within 30 days of approval, (a) the applicant shall submit in writing that all Conditions
of Approval have been read and understood, and (b) the property owner shall execute
a Covenant Regarding Real Property.
B. The use conditionally granted by this permit shall not be conducted in such a manner
as to interfere with the reasonable use and enjoyment of surrounding residential and
commercial uses.
C. This Minor Conditional Use Permit shall be subjectto annual review bythe Directorof
Development Services for compliance with the Conditions of Approval and to address
concerns that may have occurred during the past year. If the permit is not in
compliance with the Conditions of Approval, orthe Development Services Department
has received complaints, the required annual review shall be set for a public hearing
before the City Council, to consider modification of the use permit.
D. The applicant shall submit and maintain a $1,000 deposit with the Planning Division to
cover the cost of staff time associated with monitoring and enforcement activities for
the project.
54 , 1I
0
Resolution No. P -02 -06
Page 5
E. No for -sale vehicles, new or used, shall be delivered by truck to the site or from
streets adjacent to the site. Vehicles shall either be delivered to 13742 Poway Road,
or to the off -site vehicle delivery/storage site (which is planned for location on Kirkham
Road) and then individually driven to the site. The applicant shall actively participate
with other auto dealers in the establishment of an offsite vehicle delivery/storage
facility. The applicant shall not be financially obligated for the use of the facility until it
commences its use of the facility. The cost to the applicant shall not exceed the fair
rental value of the property or portion thereof. The applicant shall be responsible for
advising all vehicle transporters of the applicable delivery location.
F. The applicant shall submit a $2,500 deposit with the Planning Division to cover the
cost of a noise study to be prepared by an independent, qualified acoustical
professional. The study shall identify existing noise levels created by the car wash
facility, potential mitigation measures, and projected noise levels created by the car
wash facility with mitigation measures. Should the study conclude that noise could be
mitigated to levels lower than that which currently exists, the applicant shall implement
the recommended mitigation of the noise study to the satisfaction of the Director of
Development Services.
After installation of the mitigation identified in the noise study, the applicant may
submit a formal request to amend CUP 99 -03 /DR 99 -06, with the applicable review
fees, to allow extended hours of operation for the car wash facility. An additional
noise study, which documents the noise levels created by the car wash facility with
mitigation in place, shall accompany the application. Demonstration that noise levels
can be mitigated to a level lower than existing does not automatically entitle the
applicant to extend the hours of operation for the carwash facility. The request will be
considered by the City Council at a public hearing.
G. Ingress and egress to the site from the two drive ways along Gate Drive shall be
restricted and improved as follows: The northerly drive way shall be restricted to right
turn out only (with no restricted ingress turns). Redesign and physical modification of
the northerly drive way is required, and shall involve construction of an angled exit
lane and raised divider to guide right only turns, or other equally effective design. The
southerly drive aisle shall be restricted to ingress only. A spike strip, and appropriate
warning signage, shall be installed along the driveway, outside of the public right of
way. Prior to the installation /construction of improvements the applicant shall submit
plans for the review and approval of the City Traffic Engineer and the Director of
Development Services.
H. Upon occupancy, the applicant shall comply with the following conditions, unless other
timing is indicated:
'Outdoor lighting shall be shielded so that no light spillage shall encroach into
adjoining residential properties or onto Poway Road. After 11:00 p.m., all
5 4 2
Resolution No. P -02 -06
Page 6
lighting shall be low- pressure sodium with overall wattage kept to a minimum
in areas closest to the residential neighbors. Automatic timers shall be
installed to insure compliance with the dark sky /low pressure sodium light
requirement. The maximum height of freestanding light posts shall not
exceed 18 feet.
2. *No amplified sound shall be generated by the business; this includes but is
not limited to paging, public address systems, music systems, security
systems, or any other such device, which may generate noise audible to the
surrounding residents.
3. *All repair and maintenance work shall be conducted within work bays.
Mechanical equipment shall be sound buffered so as to produce the least
audible noise possible to surrounding residents. The use of equipment, such
as air tools and compressors, and the car wash shall be limited to between
the hours of 8:00 a.m. and 5:00 p.m., Monday to Friday, and 8:00 a.m. and
1:00 p.m. on Saturday. The service area shall not be opened for business on
Sundays.
4. *No vehicles are permitted to be road tested within the residential
neighborhood to the south.
5. *Deliveries (excepting the delivery of for -sale new or used vehicles which is
subject to the standards specified in Condition of Approval E) shall be
restricted to the daytime business hours of 8:00 a.m. to 5:00 p.m. Monday
through Saturday.
6. Employee parking shall be prohibited within the residential neighborhood.
The applicant shall provide all of its employees with a written parking policy
that states the employees shall not park in the adjacent residential
neighborhood. The applicant shall ensure that adequate parking for
customers and employees is provided onsite at all times.
7. A minimum of 75 employee and customer parking spaces designated on the
approved site plan on file with the City shall be designated as such with
signage painted on the asphalt and shall at all times be kept free of vehicle
for sale product.
8. To insure compliance with the traffic, parking and noise mitigation conditions,
the business owner shall provide a summary of the performance standards
noted in this application permit to all managers, employees, new employees,
and business representatives that have the potential to violate the noted
conditions.
5403
Resolution No. P -02 -06
Page 7
9. If the City determines to establish a residential parking program for the
adjacent residential neighborhood to minimize the potential for Poway Honda
overflow parking impacts to the neighborhood, the applicant shall be
financially responsible to cover all the costs associated with the
implementation of the program.
10. The applicant shall provide all employees with a map of the route to be used
to test drive vehicles. The route shall not include Gate Drive or Fairgate
Drive.
11. The right turn only sign shall be maintained at the driveways onto Gate Drive.
12. The service bays shall not be used by employees or any other person after
normal business hours to repair, wash, paint or otherwise work on any
vehicle, truck, or motorcycle.
13. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
14. The Poway Road elevation of the new car showroom building plans are
approved as follows: (a) The exterior finish of the entry rotunda and the 12-
inch x 12 -inch accent wave band may be metal, and (b) the color of the
rotunda and accent band may be "Honda blue.
15. The appropriate Building Division approvals and fees shall be received prior
to Building Permit issuance.
16. All new utilities shall be installed underground. Completion of
undergrounding shall be prior to issuance of a Certificate of Occupancy.
17. School impact fees, which are presently $0.33 per square foot of assessable
area, shall be paid prior to issuance of building permits.
18. Approval of this request shall not waive compliance with all sections of the
Zoning Ordinance and all other applicable City Ordinances in effect at the
time of building permit issuance.
19. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect at
the time of building permit issuance.
Resolution No. P -02 -06
Page 8
20. *A slump block wall, a minimum of 8 feet in finished height when measured
from the interior of the dealership property, shall be constructed along the
southerly property line prior to certificate of occupancy.
21. Trash receptacles shall be enclosed by 6- foot -high masonry walls with view -
obstructing gates pursuant to City standards. Locations shall be subject to
approval by the Development Services Department prior to building permit
issuance.
22. All roof appurtenances, including air conditioners, shall be architecturally
integrated, screened from view and sound buffered from adjacent properties
and streets as required by the Development Services Department.
23. *Wash bays and all areas involved with car maintenance shall be designed to
drain to sumps containing clarifier and separator systems which will
adequately remove waste byproducts. The remaining water will be plumbed
to the public sewer system. Design details shall be required upon building
plan check submittal.
24. Complete landscape construction documents shall be submitted to and
approved by the Development Services Department prior to the issuance of
building permits. Plans shall be prepared in accordance with City of Poway
Guide to Landscape Requirements (latest edition). This is a separate permit
submittal to the Poway Development Services Department and a separate
plan check from the building department.
25. A concrete curb shall be constructed along the inside and outside of the
landscape planter proposed along the easterly property line to define and
contain the landscaping soil.
26. Landscaped areas within the adjacent public right -of -way shall be
permanently and fully maintained by the property owner.
27. *Prior to grading permit issuance, the hazardous materials clean -up shall be
completed in accordance with the Woodward -Clyde report on file in the
Development Services Department and post clean -up testing has been
certified by the County Hazardous Management Department.
28. All landscaped areas 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 or excessive
pruning, including topping, is not permitted.
5405
Resolution No. P -02 -06
Page 9
29. All signs proposed for this project shall be designed and approved in
conformance with the Poway Sign Ordinance.
30. A minimum of one parking stall per 400 - square -feet of gross floor area is
required for the project. Each of the required parking spaces shall have
minimum dimensions of 8.5 feet x 18.5 feet.
31. Project driveway entrances shall be enhanced with enriched paving.
32. All parking lot landscaping shall include a minimum of one 15- gallon size tree
for every three spaces. For parking lot islands, a minimum 12 -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 curb.
33. All two -way traffic aisles shall be a minimum of 25 feet wide. A minimum 25-
foot -wide emergency access shall be provided and maintained free and clear
at all times during_ construction in accordance with Safety Services
Department requirements.
34. Permit and plan check fees shall be paid upon submittal of the grading plan.
Development fees, including but not limited to, domestic and irrigation water
service fees, remaining sewer connection, sewer cleanout, and sewer
inspection fees shall be paid prior to Building Permit issuance.
35. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
36. A grading plan for the development of the property, prepared on a standard
sheet of mylar and drawn at a scale of 1" = 20', shall be submitted to the
City's Development Services Department for review and approval prior to
issuance of a grading permit and start of grading operation. Rough grading
of the site must be completed and shall meet the City's Development
Services inspector's approval prior to issuance of a building permit.
37. Existing telephone, gas, electric, water, sewer, and other public utility lines
and appurtenances shall be shown on the grading plans.
38. A soils report shall be prepared by a qualified engineer licensed by the State
of California to perform such work. Copies of the report shall be submitted
with the grading plan.
39. All new slopes shall be a maximum of 2:1 (horizontal to vertical). There shall
be a 5 -foot clearance between toe of slope and face of curb.
5406
Resolution No. P -02 -06
Page 10
40. A final compaction report shall be submitted and approved prior to issuance
of Building Permits.
41. A certification of line and grade, prepared by the project civil engineer, shall
be submitted prior to issuance of Building Permits.
42. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from October 15th to April 15th. An erosion control
plan shall be prepared by the project civil engineer and shall be submitted as
part of the grading plan. The developer shall make provisions to insure the
proper maintenance of all erosion control devices throughout their intended
life.
43. All pavement structural sections shall be submitted to, and approved by the
City Engineer. Pavement sections shall conform to the minimums required
by the Poway Municipal Code Section 12.20.080. This includes the street, as
well as the parking lot pavement.
44. All existing unused driveways to the property shall be removed, and full curb,
gutter, and sidewalk shall be restored to the City of Poway s standards.
45. Weed and vegetation growth along the curb on Gate Drive shall be
eliminated by the use of special weed killers, or other approved methods.
46. All damaged offsite public works facilities, including parkway trees, shall be
repaired and replaced prior to exoneration of bonds and improvement, to the
satisfaction of the Director of Development Services.
47. Prior to any work performed in the public right -of -way or City -held
easements, a Right -of -Way Permit shall be obtained from the Engineering
Services Division and appropriate fees paid, in addition to any permit
required.
48. All proposed driveways to the site shall be alley apron type entries per
Regional Standard Drawing G -17 with handicap ramps on both sides, or as
otherwise approved by the City Engineer.
49. The proposed water and sewer connections forthe new facility shall be made
on Gate Drive, if possible, to avoid trenching and excavation on Poway Road.
50. A new streetlight shall be provided by the developer on Gate Drive and on
Poway Road per the City of Poway standards, at locations along the property
frontage as approved by the City Engineer.
• 5407 0
Resolution No. P -02 -06
Page 11
51. Intersection drains shall be required at locations specified by the Director of
Development Services and in accordance with standard engineering
practices.
52. A drainage system capable of handling and disposing of all surface water
originating within the project, and all surface waters that may flow onto the
project from adjacent lands, shall be required. Said drainage system shall
include any easements and structures as required by the Director of
Development Services to properly handle the drainage.
53. Concentrated flows across driveways and /or sidewalk shall not be permitted
54. Onsite valley gutters shall be minimum of 3 feet wide.
55. No parking space shall be allowed within City s easements unless otherwise
approved by the Director of Development Services.
56. Applicant shall comply with City of Poway, State and Federal Regulations in
regards to Storm Water Pollution control.
57. All proposed utilities within the project shall be installed underground.
58. Utility easements shall be provided to the specification of the serving utility
companies and the Director of Development Services.
59. The developer shall be responsible for the relocation and undergrounding of
existing public utilities as required.
60. Water, sewer and fire protection systems shall be designed and constructed
to meet the requirements of the City of Poway and the County of San Diego
Department of Health.
61. The need for the new fire hydrants will require the preparation of a water
system analysis to establish the proper size and location of the public water
system. The applicant shall pay to the City the cost of the preparation prior to
the submittal of the grading plan. Water System Analysis fees are as follows,
and they may change at any time without prior notice:
One Fire Service $1,250.00
Two Fire Service $1,850.00
More than Two Fire Services or looped Onsite System $2,800.00
62. This approval is based on the existing site conditions represented on the
proposed site plan. If the actual conditions vary from representations, the site
548
•
Resolution No. P -02 -06
Page 12
plan must be changed to reflect the actual conditions. Any substantial
changes to the site plan must be approved by the Director of Development
Services, and may require approval of the City Council.
63. Prior to building permit issuance, appropriate water and sewer fees shall be
paid to the City s Engineering Division. These fees are currently in effect and
are subject to change:
Sewer Connection Fee = $53,599.00 (based on a total of 91 fixture units)
Sewer Cleanout = $50.00 /lateral
Sewer Inspection = $25.00 /lateral
Sewer Line Charge =$ 7,600.00 (for connection on Gate Drive)
_$ 8,000.00 (for connection on Poway Road)
Corresponding sizes for water meters (not less than one inch in size) shall be
determined by the applicant/developer. Depending on the size of water meters to be
installed, the fees shall be the following:
Meter Size
Cost
Lateral"
Base Capacity
SDCWA Fee*
1
$270.00
$1,430.00
$6,678.00
$2,536.00
1.5"
$600.00
Cost
$10,388.00
$4,755.00
2"
$1,775.00
Cost
$16,694.00
$8,242.00
For a proposed meter size not listed above, please contact the Engineering Division.
This fee is subject to change without further notice. Applicable only to water
meter for domestic use. The amount to be paid shall be that in effect at time of
payment.
'* No fee if installed by developer.
64. The following fees shall be paid or a security bond posted prior to issuance of
a building permit. If a security bond is posted, payment of the fees shall be
made prior to issuance of a Certificate of Occupancy. Once payment is
received in full, said security bond could be released to the applicant:
Traffic Mitigation = $23,083.50
Drainage Fee = $1,200.00
65. The seven lots shall be merged into one lot before occupancy is granted.
66. The applicant shall provide a traffic analysis and report to address existing
and proposed development conditions to the Development Services
5409
Resolution No. P -02 -06
Page 13
Department. The report will include project trip generation, distribution, and a
traffic signal analysis of the intersection of Poway Road and Gate Drive. The
report will identify the cost of a traffic signal.and percentage of project trips in
the intersection. The applicant will deposit with the City, funds sufficient to
coverthe project pro rata share of said cost priorto Certificate of Occupancy.
If a traffic signal is not constructed within 10 years of project approval, the
deposit shall be returned to the property owner upon request.
67. The traffic analysis and report shall include a review of site ingress and
egress from Poway Road with recommendations for safe access. The site
grading and improvement plan shall incorporate the recommendations.
68. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of
Poway Ordinance No. 64.
69. The building shall display their numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be 6 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 s Department ASTREA criteria.
70. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all- weather driving surface of not
less than 20 feet of unobstructed width, with adequate roadway turning
radius capable of supporting the imposed loads of fire apparatus having a
minimum of 13'6" of vertical clearance. The road surface type shall be
approved by the City Engineer, pursuant to the City of Poway Municipal
Code.
71. The building will be required to install an approved fire sprinkler system
meeting P.M.C. requirements. The entire system is to be monitored by a
central monitoring company. System post indicator valves with tamper
switches, also monitored, are to be located by the City Fire Marshal prior to
installation.
72. A Knox Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A Knox padlock shall be required for
the fire sprinkler system Post Indicator Valve.
73. Fire Department access for use of fire fighting equipment shall be provided to
the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
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Resolution No. P -02 -06
Page 14
74. - Permanent access roadways for fire apparatus shall be designated as Fire
Lanes with appropriate signs and curb markings_ _
75. Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and
75 feet of travel distance.
76. The addition of onsite fire hydrants is required. The location of the hydrants
shall be determined by the City Fire Marshal.
77. Material Safety Data Sheets shall be required for all hazardous and /or toxic
substances used in each building.
78. An Emergency Contingency Plan and Hazardous Materials Disclosure shall
be filed with the County of San Diego Department of Health and copies
provided to the Fire Department.
79. Prior to delivery of combustible building material on site, water and sewer
systems shall satisfactorily pass all required 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
vehicles. The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction of
the City.
80. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
81. An automatic fire alarm system shall be installed to approved standards by a
properly licensed contractor. System shall be completely monitored by a U.L.
listed central station alarm company or proprietary remote station.
82. The parcel is located within Landscape Maintenance District 86 -313.
Section 8: The terms and conditions of Minor Conditional Use Permit 99 -03 and
Development Review 99 -06 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 of them, including municipal
corporations, public agencies and districts.
Section 9: Resolution No. P -01 -64 is hereby rescinded.
. r
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Resolution No. P -02 -06
Page 15
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 5th day of February 2002.
ATTEST:
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
Michael P. Cafagna, a
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P- 02 -06, was duly adopted by the City
Council at a meeting of said City Council held on the 5th day of February 2002, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
Lon A ne Peoples, City Clerk
City o Poway
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