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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 In the event that MCUP 00- 006(M) expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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