Covenant Regarding Real Property 2003-1301147r .
RECORDING REQUEST BY:
CITY OF POWAY
Q WHEN RECORDED MAIL TO:
CITY CLERK
/S CITY OF POWAY
P O BOX 789
I POWAY CA 92074 -0789
No Transfer Tax Due
APN: 323 - 201 -22 & 323 - 203 -20
, DOC 0 2003- 1301147
OCT 244 2003 9 :27
7525 SAN DIEGO F COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 50.000
2003- 1301147
(This space for Recorder's Use)
M
COVENANT REGARDING REAL PROPERTY
BSM Properties, LLC, PROPERTY OWNER ( "OWNER" hereinafter) is the owner of real
property described in Exhibit A which is attached hereto and made a part hereof and
which is commonly known as Assessor's Parcel Numbers 323 - 201 -22 and 323 - 203 -20
( "PROPERTY" hereinafter). In consideration of the approval of MCUP 00- 006(M), by
the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by conditions of
the attached resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that MCUP 00- 006(M) expires or is rescinded by City Council at the
request of the OWNER, CITY shall expunge this Covenant from the record title of the
PROPERTY.
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.
OWNER:
Dated: �� By: el
Mark Abel ko (Notarize)
BSM Properties, LLC
✓ / CITY OF POWAY r
Dated: J By:
Niall Fritz, Director of
Services _ .. 0M M
aVL/
03-iw
CALWORNIA-ALL- PURPOSACKNOWLEDGMENT 752
No 5907
State of C CL ,: E 2�ti
County of � JrA M Qy7 o
On °. \ '�)-003 before me, k \,a ico, - Ay Le r bl
DATE i NAME, TITLE OF OFFICER - E G, "JANE DOE, NOTA Y PUBLIC"
personally appeared Wy�AYr_ I. 1y9eI Yf.o ,
NAM S) OF SIGNERS)
❑ personally known to me - OR --roved to me on the basis of satisfactory evidence
to be the personKwhose name(sT is /ax-e
subscribed to the within instrument and ac-
knowledged to me that he /shekhey
the same in his /her/thtir authorized
capacity, and that by his / '�,z;,s,-
signature(s)'on the instrument the persoi
or 'the entity upon behalf of which the
person( executed the instrument.
OFFICIALSEAL WITNESS m hand and official seal.
SAMANTHA TOOTHACRE a Y
v ; NOTARY PUBLIC - CALIFORNIA,
- •�' .. NO. 4
SAN DI
SAN DIEGO COUNTY
MY COMM. EXP. MARCH 4, 2007
V' SIGNATURE OF NOTARY
OPTIONAL
Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
. 2?INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184
0
LEGAL DESCRIPTION
PARCEL 1
0 7527
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
LOT 5 OF CITY OF POWAY TRACT 3971 -R, IN THE CITY OF POWAY, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10754
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 7. 1983.
PARCEL 2
THE FOLLOWING DESCRIBED PROPERTY IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA;
THE SOUTHERLY 250 FEET OF.THE EAST 50 RODS OF LOT 2 IN SECTION 18,
TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN.THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE.OFFICIAL PLAT THEREOF, EXCEPTING THE EASTERLY 330
FEET THEREOF.
RESERVING THEREFROM AN EASEMENT AND RIGHT OF WAY FOR ROAD AND
PUBLIC UTILITY PURPOSES OVER AND ACROSS THE EASTERLY 40 FEET OF
SAID LAND.
EXHIBIT A
0
RESOLUTION NO. P -03-46
0 7528
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MODIFICATION TO MINOR CONDITIONAL USE PERMIT 00- 006(M),
A REQUEST BY THE POWAY MITSUBISHI
TO EXPAND THE AUTOMOTIVE DISPLAY AREA
APNs: 323 - 201 -22 and 323 - 203 -20
WHEREAS, on August 14, 2001, the City Council approved Minor Conditional Use
Permit 00 -006, Development Review 00 -17, and Variance 01 -11 to establish a Mitsubishi auto
dealership, including sales office, and service facility on a 0.99 -acre site located
at 13864 Poway Road within the Automotive General Commercial (AGC) zone of the Poway
Road Specific Plan, pursuant to Resolution No. P- 01-42; and
WHEREAS, an application for a modification to Minor Conditional Use Permit 00-
006(M) was submitted by Poway Mitsubishi, applicant and owner, to establish additional
display area for the existing Poway Mitsubishi auto dealership on 0.9 acres of a 2.27 -acre
parcel located on the northeast corner of Poway Road between Evanston Drive and Otis Post
Road and within the Automotive General Commercial (AGC) zone of the Poway Road Specific
Plan (13910 Poway Road), and
WHEREAS, on August 5, 2003, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1 : The City Council finds that this project is Categorically Exempt from the
California Environmental Quality Act as a Class 32, pursuant to Section 15332 of the CEQA
Guidelines, because the project is characterized as an in -fill development which is consistent
with existing zoning, less than 5 acres in size, and is adequately served by all required utilities.
Section 2 : The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code, for the modification to Minor Conditional Use Permit 00- 006(M) establish additional
display area for the existing Poway Mitsubishi auto dealership on 0.9 acres of a 2.27 -acre
parcel located on the northeast corner of Poway Road between Evanston Drive and Otis Post
Road and within the Automotive General Commercial (AGC) zone of the Poway Road Specific
Plan, are made as follows:
A. The location, size, design, and operating characteristics of the expanded Poway
Mitsubishi auto dealership, are in accord with the title and purpose of Chapter 17.48 of
the Poway Municipal Code (Conditional Use Permit Regulations), the AGC zone, the
Poway Road Specific Plan, the City General Plan, and the development policies and
standards of the City in that a auto dealership is allowed with a Minor Conditional Use
Permit.
B. The location, size, design, and operation characteristics of the expanded Poway
Mitsubishi auto dealership will be compatible with and will not adversely affect or be
EXHIBIT B
• 752.9
Resolution No. P- 03 -46
Page 2
materially detrimental to adjacent uses, residents, buildings, structure, or natural
resources in that the expansion is limited to of additional parking spaces for car display
that will be buffered from adjacent residential uses by an 8- foot -high wall, sidewalk and
driveway for a total of approximately 33 feet.
C. The expanded Poway Mitsubishi auto dealership is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, adjacent uses in that the project
consists of the establishment of a parking lot.
D. There are adequate public facilities, services, and utilities available at the subject site
to serve the expanded Poway Mitsubishi auto dealership.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the expanded Poway Mitsubishi auto dealership will be limited to
a parking lot that will be buffered from adjacent residential uses by an 8- foot -high wall
and landscaping. Lighting will be designed to not spillover onto neighboring residential
properties.
F. The generation of traffic by the proposed expanded Poway Mitsubishi auto dealership
will not adversely impact the capacity and physical character of the surrounding streets
in that the access to the new display lot will be provided via two new driveways off of
Poway Road and Evanston Drive. Car transport trucks will deliver the cars on site by
entering the expanded parking lot via Evanston Drive and existing through Poway
Road. The car transport truck and test driving will be prohibited in surrounding
neighborhoods.
G. The site is suitable for the type and intensity of the proposed expanded display parking
lot in that the site is located on a major thoroughfare lot in the vicinity of other auto
dealerships, and the topography of the site is relatively level.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the expanded auto dealership is located on a previously developed
property, and does not involve the removal of natural habitat resources.
There are no relevant negative impacts associated with the expanded auto dealership
that cannot be mitigated.
J. The potential impacts, and the proposed location, size, design, and operating
characteristics of the expanded auto dealership will not be materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General Plan,
in that the expanded auto dealership has been designed and sited to comply with the
Poway Road Specific Plan, the Poway Zoning Code, and the General Plan.
K. The expanded auto dealership will comply with all the applicable provisions of Chapter
17.48 of the Poway Municipal Code.
7530
Resolution No. P- 03 -46
Page 3
Section 3: Thefindings, in accordancewith Government Code Section 66020 for the public
improvements, are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General Plan, as well as City ordinances, because all necessary
services and facilities will be available to serve the project. The payment of fees toward public.
improvements is needed as a result of the proposed development to protect the public health,
safety and welfare as identified below:
The project requires payment of drainage and traffic mitigation fees, which are
assessed on a - pro -rata basis to finance and -provide public infrastructure
improvements to promote a safe and healthy environment for the residents of
'the City.
Section 4: The City Council hereby approves MCUP 00- 006(M) to establish an additional
display area for the existing Poway Mitsubishi auto dealership on 0.9 acres of a 2.27 -acre
parcel located on the northeast corner of Poway Road between Evanston Drive and Otis Post'
Road and within the Automotive General Commercial (AGC) zone of the Poway Road Specific
Plan, subject to the following conditions:
A. Approval of this MCUP request shall apply only to the subject project and 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.
B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing that
all conditions of approval have been read and understood; and, (2) the property owners
shall execute a Covenant Regarding Real Property.
C. The use conditionally grainted by this approval shall not be conducted in such a manner
as to interfere with the reasonable use and enjoyment of surrounding uses.
D. Conditions of approval listed in Resolution No. P -01 -42 approving MCUP 00 -006, DR
00 -17, and VAR 01 -11 are fully incorporated herein by this reference except as
modified in this resolution for MCUP 00- 006(M).
E. The conditions of MCUP 00- 006(M) shall remain in effect for the life of the subject auto
dealership, and shall run with the land and be binding upon future owners, successors,
heirs, and transferees of the current property owner.
F. MCUP 00- 006(M), and any revision thereto, may be subject to annual review as
determined by the Director of Development Services for compliance with the conditions
of approval and to address concerns that may have been raised during the prior year.
G. The Egg- O -Matic building shall be relocated to a location identified bythe Public Works
Department within the Public Works storage yard. Prior to relocating the building, the
•
7 531
Resolution No. P- 03 -46
Page 4
contractor shall submit a relocation plan for review and approval by the Director of
Development Services. The plan shall show how the building will be shored up and
securely transported to its new location.
H. Prior to demolishing the existing buildings, the developer shall obtain a Demolition
Permit.
The applicant shall submit a Tree Removal Permit application and associated fees to
the Planning Division for approval prior to removing any trees exceeding inches in
diameter. Prior to the issuance of a Tree Removal Permit, a tree evaluation report
prepared by a qualified landscape architect or arborist shall be submitted to the
Planning Division for review and approval to determine which existing trees can be
saved onsite. The report shall evaluate the health'of existing trees and the ability to
incorporate existing trees into the landscaping and site development for the property.
Mature trees shall be maintained wherever possible. Trees approved for removal shall
be mitigated pursuant to Chapter 12.32, "Urban Forestry," of the Poway Municipal
Code.
J. In.the event that either of the two parcels upon which the auto dealership pursuant to
this Minor Conditional Use' Permit 00- 006(M) is located come under separate
ownership, and one of the ownerships wishes to terminate the use on its parcel, the
property owner(s) shall request a public hearing prior to termination of the use for
modification or revocation of Minor Conditional Use Permit 00- 006(M). If it is the desire
of the property owner to terminate the use, prior to termination this CUP shall be
revoked by the City Council in its entirety. The property owner may request approval of
a modification to the Minor Conditional Use Permit to allow the facility to remain on one
of the lots. Such modification shall be subject to a public hearing and must be
approved by the City Council and the facility constructed on one of the parcels prior to
cessation of the facility on the other parcel. The applicant shall sign an agreement that
acknowledges the fact that a permit revocation request from either property owner
would result in the permit being revoked on both parcels, unless a modification to the
Minor Conditional Use Permit is approved and implemented prior to either the sale of,
or the cessation of the use on, one of the parcels. The form and content of said
agreement shall be to the satisfaction of the City Attorney.
K. Delivery of for -sale vehicles, new or used, on adjacent streets is prohibited. Vehicles
shall either be delivered to the parking lot on the northeast corner of Poway Road and
Evanston Drive located at 13910 Poway Road, or to a City- approved offsite vehicle
delivery/storage site 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.
Resolution No. P- 03-46
Page 5
L. Prior to establishing the use of the expanded parking lot based on the site plan date
stamped July 21, 2003 on file with the Planning Division and the conditions of approval,
the following shall apply:
1. A revised site plan for the entire Mitsubishi Auto Dealership shall be submitted
to the Planning Division for review and approval to the satisfaction of the
Director of Development Services. The revised site plan shall incorporate the
conditions of approval and designate on -site, parking spaces for customer,
employee, and auto service.
2. The .applicant shall submit a grading plan along with a Grading Permit
application, for review and approval to the City's Development Services
Department. Compliance with the following conditions is required prior to
Grading Permit issuance unless other timing is indicated
a. A grading plan shall be prepared on a City of Poway standard 3mm, 24"
X 36" mylar at a scale of 1 " =20' or larger and submitted along with a
Grading Permit application and applicable fees to the Engineering
Division for review and approval. A grading plan submittal checklist is
available at the Engineering Division front counter. As a minimum, the
grading plan shall show the following:
i. All new slopes with a maximum 2:1 (horizontal to vertical) slope.
Tops and toes of graded slopes shall be shown with a minimum 5-
foot setback from open space areas and property lines. Buildings
shall be located at least five feet from tops and toes of slopes,
unless waived by the Planning Division and /or Engineering
Division prior to issuance of a Grading Permit.
ii. Paving of the parking lot shall conform to the standards set forth
in Section 12.20.080 of the Poway Municipal Code.
iii. A separate erosion control plan for prevention of sediment run -off
during construction.
iv. All utilities (proposed and existing), together with their
appurtenances and associated easements. Encroachments are
not permitted upon any easement without an approved
Encroachment Agreement/Permit.
V. Locations of all utility boxes, clearly identified in coordination with
the respective utility companies, and approved by the City priorto
any installation work.
7533
Resolution No. P- 03-46
Page 6
b. A soils /geological report shall be prepared by an engineer licensed by
the State of California to perform such work, and shall be submitted with
the grading plans.
C. A drainage study using the 100 -year storm frequency criteria shall be
submitted with the grading plan. The drainage system shall be capable of
handling and disposing all surface water within the project site and all
surface water flowing onto the project site from adjacent lands. Said
system shall include all easements required to properly handle the
drainage. Concentrated flows across driveways are not permitted.
d. The grading . plans shall include construction plans for the new
driveway /private street off of Evanston Drive as follows:
The driveway /private street dimensions shall include a 28 -foot
wide curb -to -curb width, a 5- foot -wide sidewalk along its north
side, and 5 -foot landscape areas along both its north and south
sides.
A landscape planter no less than 5 feet in width shall mark the
southern limits of said driveway /private street except for a
driveway for cars and auto transport trucks to access the display
lot to the satisfaction of the Director of Development Services.
The location and width of the access is subject to the approval of
the Traffic Engineer.
iii. The plans shall show minimum structural sections together with
their elevations and grades.
iv. Given the anticipated traffic volumes for this area, the minimum
structural section shall be 3 inches of asphalt concrete over 6
inches of base, in accordance with Poway Municipal Code
Section 1.20.080.
e. The driveway on Poway Road shall be located at the eastern end of the
project site to serve both this project and future development on adjacent
lands
All driveway approaches to the development shall be constructed as
alley -type curb returns.
g. The drainage design on the grading plans shall demonstrate compliance
with the City's Standard Urban Stormwater Mitigation Plan (SUSMP)
Ordinance.
7534.
Resolution No. P- 03-46
Page 7
h. Prior to issuance of a Grading Permit, and if construction of this project is
to disturb one acre or more, the project owner shall file with the State
Regional Water Quality Control Board a Notice of Intent for coverage
under the statewide General Permit that covers storm water discharges.
Proof of filing of the NOI and an assigned Waste Discharge Identification
Number shall be submitted to the Development Services Department -
Engineering Division priorto issuance of a Grading Permit. Applications
for the Notice of Intent may be obtained by contacting:
California Regional Water Quality Control Board
San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
(858) 467 -2952
If construction of this project is to disturb one acre or more, the applicant
shall prepare a Storm Water Pollution Prevention Plan ( SWPPP) that
effectively addresses the elimination of non -storm runoff into the storm
drain system. The SWPPP shall include, but not be limited to, an
effective method of hillside erosion and sediment control; a desiltation
basin with a capacity of 3,600 cubic feet of storage per acre drained, or
designed to remove fine silt for a 10 -year, 6 -hour storm event; a material
storage and handling site; measures to protect construction material from
being exposed to storm runoff; protection of all storm drain inlets, onsite
concrete truck wash and waste control; and other means of Best
Management Practices to effectively eliminate pollutants from entering
the storm drain system including a weather triggered action plan. The
engineer shall certify the SWPPP prior to issuance of a Grading Permit.
The applicant shall pay all applicable engineering, plan checking, permit,
and inspection fees.
k. Grading securities in the form of a performance bond and a cash deposit,
or a letter of credit shall be posted with the City prior to grading plan
approval. A minimum of $2,000 cash security deposit is required.
Should there be a need for a new fire hydrant, a water system analysis
shall be prepared to establish the proper size and location of the public
water system. Applicant shall pay to the City the cost of preparing the
analysis. If water improvements are required, the applicant shall submit
improvement plans along with plan check and inspection costs for
approval by the Engineering Division.
M. The applicant shall attend a preconstruction meeting, at which time they
shall present an Action Plan that identifies measures to be implemented
7535
Resolution No. P- 03 -46
Page 8
during construction to address erosion, sediment, and pollutant control.
Compliance for erosion control can be provided using one or more of the
following guidelines:
Provide an onsite desiltation basin with a volume based on 3,600
cubic feet per tributary acre drained.
Cover all flat areas with an approved mulch.
iii. Install an earthen or gravel bag berm that retains 3 inches of
water over all at areas prior to discharge, effectively creating a
desiltation basin from the pad
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained by the developer throughout the duration of the
project. The developer shall maintain all erosion control devices
throughout their intended life.
o. The site shall be developed in accordance with the approved site plans
and conditions• of approval on file in the Development Services
Department and the conditions contained herein. Grading shall be in
accordance with the City Grading Ordinance, the approved grading plan,
the approved soils report, and grading practices acceptable to the City.
P. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing, or grading. As a minimum, all
protected areas as shown on the project plans are to be staked by a
licensed surveyor and delineated with lathe and ribbon. A written
certification from the engineer of work or a licensed surveyor shall be
provided to the Engineering Inspector stating that all protected areas are
staked in accordance with the approved project plans.
q. The following development fees shall be paid. These fees are currently in
effect and are subject to change without notice.
Traffic Mitigation 0.9 acre x 300 trips /acre x $66 0.25 = $4,455
Drainage Fee 0.9 acre x $1,200 /acre = $1,080
Park Fee NA
The applicant shall apply to the City for dedication of a general public
utility easement over the driveway on Evanston Drive, as well as public
water easements for new fire hydrant lines.
r 7536
Resolution No. P- 03-46
Page 9
S. Complete landscape construction documents shall be submitted to and
approved by the Planning Division. The landscape plans shall
incorporate recommendations of the City- approved tree evaluation report
and conditions of approval contained in this resolution. Landscape plan
check fees are required upon submittal of the plans. Plans shall be
prepared in accordance with the City of Poway Guide to Landscape
Requirements (latest edition).
t. Details of any new exterior lighting, including fixture type and design,
shall be submitted the Planning Department for review and approval.
The lighting shall be consistent with the existing lighting of the Poway
Mitsubishi auto dealership and shall comply with the following:
All outdoor lighting shall be shielded or directed so that no light
spillage shall encroach into adjoining residential properties oronto
Poway Road or Evanston Drive. After 11:00 p.m., all lighting shall
be low- pressure sodium with the 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 requirement. The maximum height of
freestanding light posts shall not exceed 18 feet.
ii. All exterior lighting shall be scheduled so that light rays emitted by
the fixture are projected below the imaginary horizontal plan
passing through the lowest point of the fixture an in such a
manner that the light is directed away from streets and adjoining
properties.
iii. The intensity of light at the boundary of any single - family zone
shall not exceed 75 lamberts from a source of reflected light.
3. The site shall be developed in compliance with the approved revised site plan.
The designated parking spaces shall be clearly marked using paint and signage
to the satisfaction of the Director of Development Services.
4. The developer shall construct an 8- foot -high decorative block wall along the
north property line of the parking lot to the satisfaction of the Director of
Development Services. A Building Permit shall be obtained prior to the
construction of the wall.
5. Rough grading of the lot is to be completed and meet the approval of the City
Inspector and shall include submittal of the following:
a. A certification of line and grade for the lot, prepared by the engineer of
work.
753
Resolution No. P- 03-46
Page 10
b. - A final soil compaction report for review and approval by the City.
6. No private improvements shall be placed or constructed within public street
rights -of -way or City easements unless any one of the following is satisfied:
a. An Encroachment Permit has been issued by the City for the
improvements; or
b. An encroachment removal agreement has been executed by the
developer /owner and subsequently approved by the City; or
C. Approval of grading or improvement plans, on which a Right -of -Way
Permit has been issued for the private improvements to be constructed.
7. Driveway, sidewalk, drainage facilities, and utilities shall be constructed,
completed, and inspected by the Engineering Inspector.
8. An adequate drainage system around the building pad capable of handling and
disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector.
9. The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City Engineer.
10. Public easements required of the project shall be recorded.
11.- Record drawings, signed by the engineer of work, shall be submitted to
Development Services prior to a request of occupancy, per section 16.52.1306
of the grading ordinance. Record drawings shall be submitted in a manner to
allow the City adequate time for review and approval prior to issuance of
occupancy and release of grading securities.
M. Upon establishment of the expanded auto display lot, the following shall apply:
The use of the site shall be consistent with the approved revised site plan on file
with the City. Parking spaces designated for employees, customer, service cars
shall be marked as such and shall be kept free of vehicles for sale at all times.
Proposals to change the designation of parking spaces will require City approval
and may be subject to the installation of landscaping per the Poway Zoning
Ordinance and Poway's Guide to Landscape Requirement.
2. All facilities shall be maintained in good repair. Any damage from any cause
shall be repaired as soon as reasonably possible so as to minimize occurrences
of dangerous conditions or visual blight.
7 5 3.8
Resolution No. P- 03-46
Page 11
3. All lighting fixtures shall be maintained such that they reflect light downward,
away from any road or street, and away from any adjoining premises.
4. The owner or operator of the facility shall routinely and regularly inspect the site
to ensure compliance with the standards set forth in this permit.
All landscaping, including areas within the park and adjacent to public right -of-
way, shall be adequately irrigated, and permanently and fully maintained by the
owner at all times in accordance with the requirements of the City of Poway
Guide to Landscape Requirements. The trees shall be encouraged and allowed
to retain a natural form. Pruning should be restricted to maintain the health of
the trees and to protect the public safety. Trees should be trimmed or pruned
as needed to develop strong and healthy trunk and branch systems. Tree
maintenance and pruning shall be in accordance with "American National
Standard for Tree Care Operation" latest edition (ANSI A300). Trees shall not
be topped and pruning shall not remove more than 25% of the trees' leaf
surface.
6. Any signs proposed for this development shall be designed and approved in
conformance. with the Poway Municipal Code and require the approval of a
separate Sign Permit.
Section 6 : The approval forthe establishment of an expanded auto dealership shall expire
on August 5, 2005, at 5:OOpm unless prior to that time the use has been established.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State
of California, this 5th day of August 2003.
ATTEST:
.. - -.. -
0 0 7539
Resolution No. P- 03 -46
Page 12
STATE OF CALIFORNIA
) ss
COUNTY OF SAN DIEGO )
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 -03-46 was duly adopted by the City
Council at a meeting of said City Council held on the 5th day of August 2003, and that it was
so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
Lori nne Peoples, City Cierki
City of Poway