Covenant Regarding Real Property 2002-0060303_ . • DOC 92002-0060303
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
JAS! 24, 2002 9:02 Ai" i
a
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
`J 3Z� GREGORY J. SMITH, COUNTY RECORDER
FEES: 70.00
iWl�! {��Ebtlslil
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Mark Abelkop, 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 Number 323 - 201 -22 ( "PROPERTY"
hereinafter). In consideration of the approval of MCUP 00- 006/VAR 01 -11, 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In the event that MCUP 00- 006NAR 01 -11 expires or is rescinded by City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:
Markle P p (Notarize)
CITY OF POWAY
Dated: �! 6 By:
Niall Fritz, Director of Developmen S rvices
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A3 --?q /1604 -19
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• 005325
LEGAL DESCRIPTION
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.
CALIFORNIA ALL - PURPOSE
0053
ACKNOWLEDGMENT
State of California
ss.
County of 3 1 c, G0
On C?I I 2- before me, �e!}+J ?.t)o9Ktr1 _y)V Yt4
Da Name and Ttle of Officer ce, Notary Public ")
personally appeared & e L 1{ o p
Namels) of Signers
_ personally known to me
❑ proved to me on the basis of satisfactory
evidence
JEAN WOKEN
Commission # 1205135 I�
Notary Public - Calltomia z
San Diego County
My Ca n". E>�Fes Dec 17.2002
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.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Nory Public
OPTIONAL
Though the Information below is not required by law, 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 —0 Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER '
Number of Pages:
0 1999 National Notary Association • 9350 Do Sato Ave, PO Box 2402 • Chatsvvnb, CA 913132402 • www nat,onaln0tar,0T Prod No 5907 Reorder Call Tell Fri 1- 800 - 076 6827
r 005107
EXHIBIT B
RESOLUTION NO. P -01 -42
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 00 -006,
DEVELOPMENT REVIEW 00 -17, AND VARIANCE 01 -11
ASSESSOR'S PARCEL NUMBER 323 - 201 -22
WHEREAS, Minor Conditional Use Permit 00 -006, Development Review 00 -17, and
Variance 01 -11 were submitted by MarkAblekop — San Diego Mitsubishi, for the purpose
of constructing a 7,356- square -foot Mitsubishi automobile dealership on a 0.99 -acre site
located on the northwest corner of Poway Road and Evanston Drive in the
Automotive /General Commercial zone; and
WHEREAS, on August 14, 2001, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application;
and
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1 : The City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for Minor Conditional Use Permit 00 -006 and
Development Review 00 -17 and public comments received on the EIS and MND. The
subject EIS and MND documentation are fully incorporated herein by this reference. The
City Council 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, that the mitigation
measures contained in the EIS and Exhibit A hereof will mitigate potentially significant
impacts to a less than significant level, and that the MND reflects the independent
judgement and analysis of the City. The City Council hereby approves the MND and the
associated Mitigation Monitoring Program attached to this Resolution as Exhibit A.
Section 2 : The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code to approve Variance 01 -11, to reduce the front yard and streetside side yard setback
from 20 feet to 15 feet for the commercial parcel, in the Automotive /General Commercial
zone, as shown on the site plan dated March 30, 2001 are made as follows:
A. There are special circumstances applicable to the site which restrict siting an
automobile dealership in that the site is restricted by two large street front setbacks,
a residential /commercial 25 -foot rear yard setback bufferwhich together encumber
approximately 37% of the 0.99 -acre lot in association with a narrow lot depth.
B. Granting the Variance is necessary for the preservation and enjoyment of rights
enjoyed by other dealerships and automotive repair facilities. The design of the
0 ®1#32s
Resolution No. P- 01 -42
Page 2
dealership will not create any significant visual impacts. The dealership is of a
design, height and scale consistent with the other dealerships and automotive repair
facilities. Therefore, the design and size will be compatible with and will not
adversely affect, or be materially detrimental to, adjacent uses, residents, buildings,
structures, or natural resources.
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare since the proposed dealership is consistent in scale, bulk,
coverage and density of surrounding properties, as it maintains a 25 -foot setback
from the single - family residences to the north.
D. Granting the Variance would not constitute a special privilege inconsistent with other
properties in the area since other properties have been built to equal or lesser
setbacks.
E. Granting the Variance would not constitute a use or activity that is inconsistent with
surrounding properties since the automobile dealership use is consistent with the
General Plan land use and other uses in the vicinity and same zone. Therefore,
there will not be a harmful effect upon desirable neighborhood characteristics.
F. The proposed use is a conditionally permitted use in the Automotive /General
Commercial zone. Therefore, the impacts as described above and the conditions
under which it would be operated or maintained will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements in the
vicinity nor be contrary to the adopted General Plan.
Section 3 : The City Council finds that Variance 01 -11 is Categorically Exempt from the
California Environmental Quality Act, pursuant to Section 15305(a) of CEQA, Class 5, in
that the front yard and streetside side yard setback reduction forthe automobile dealership
is a minor alteration to land use limitations which does not involve any changes in land use
or density, and is located on a property with an average slope of less than 20 %.
Section 4 : The findings, in accordance with the Section 17.48.070 of the Poway
Municipal Code for MCUP 00 -006, approving the establishment of 7,356- square -foot
automobile dealership, are made as follows:
A. The project is consistent with the General Plan and Zoning Code in that automotive
dealerships are conditionally permitted in the zone.
B. That the location, size, design, and operating characteristics of the use will be
compatible with, and will not adversely affect, or be materially detrimental to,
adjacent uses, buildings, structures, or natural resources, in that the sound walls
005329
Resolution No. P- 01 -42
Page 3
have been incorporated into the design, no open doors will face the adjoining
residence, the service area will close at 6:00 p.m., and little or no weekend repair
work is proposed.
C. That the harmony in scale, bulk, coverage, and density is consistent with adjacent
uses because the site will be developed with facilities and buildings which have
been designed to be compatible with surrounding structures.
D. That there are available public facilities, services, and utilities because the use will
be located in a development where all necessary facilities are already in place.
E. That there will not be a harmful effect upon desirable neighborhood characteristics,
sound walls, restrictions on noise and light have been designed into the facility and
conditionally required during its operation.
F. That the generation of traffic will not adversely impact the surrounding streets and /or
the City's Transportation Element, in that the use will operate in an area where
existing and proposed street improvements and adequate off - street parking have
been incorporated into the project.
G. That the site is suitable for the type and intensity of the use, in that automotive
dealerships and repair facilities are encouraged in this zone and the size and scope
of the facility has been reduce to fit the site.
H. That there will not be significant harmful effects upon environmental quality and
natural resources, in that the site has been previously graded and developed and
contains no native vegetation.
That there are no other relevant negative impacts of the development that cannot
be mitigated.
J. The impacts, as described in subsections (A) through (1) of Section 17.48.070, and
the location, size, design and operating characteristics of the proposed use and the
conditions underwhich it would be operated or maintained will not be detrimental to
the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity nor be contrary to the adopted General Plan.
K. The proposed minor conditional use will comply with each of the applicable
provisions of Section 17.48.070 of the Poway Zoning Code.
r 0 005330
Resolution No. P- 01 -42
Page 4
Section 5 : The findings, in accordance with Section 17.52.010 of the Poway Municipal
Code for DR 00 -17, for a 5,016 square foot automobile sales office and a 2,349- square-
foot automotive service facility are made as follows:
A. The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties because the buildings have
been designed to be architecturally compatible with other automobile dealerships
and repair facilities in the area.
B. The development encourages the orderly and harmonious appearance of structure
and property within the City through its consistency with the City of Poway
development standards.
Section 6 : The findings, in accordance with 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 provision
of public improvements and payment of development fees are needed as a result of
the proposed development to protect the public health, safety and welfare as
identified below:
Drainage improvements shall be provided for the increase in surface water
runoff: and
2. Water and sewer fees shall be paid and on -site improvements constructed to
provide water and sewer service to the development; and
3. Access to the site will be provided in accordance with City standards and to
ensure adequate emergency access.
Section 7 : Minor Conditional Use Permit 00 -006, Development Review 00 -17, and
Variance 01 -11 consisting of the development of a 7, 356 - square -foot Mitsubishi automobile
dealership as shown on the plans dated March 30, 2001, are hereby approved subject to
the following conditions:
A. Within 30 days of approval: (1) the applicant shall submit in writing that all
conditions of approval have been read and understood; and (2) the property owner
shall execute a Covenant on Real Property.
r 9 005321
Resolution No. P- 01 -42
Page 5
B. Approval of this request shall not waive compliance with the Zoning Ordinance and
all other applicable City ordinances in effect at the time of building permit issuance.
C. 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 the surrounding
residential and commercial uses.
D. This Minor Conditional Use Permit 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 occurred during the past year.
E. The site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the conditions contained herein. The
applicant shall comply with the Poway Municipal Code and 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.
F. The owner and operators of the Mitsubishi automobile dealership, and subsequent
successors, shall abide by all required state and local permits and agreements
obtained for the construction and operation of this facility. Any changes in
operation, level of service, or maintenance responsibilities beyond what was
originally approved shall be considered as a major revision to the Conditional Use
Permit and shall require City Council to approve requested.
G. Prior to grading permit issuance, unless other timing is indicated, the
applicant/developer shall complete the following:
1. Submittal to the City for review and approval of precise grading plans,
erosion control plan, stormwater pollution prevention plan, grading permit
application and geotechnical reportls to the Development Services
Department.
a. Grading of the project shall be in substantial conformance with the
approved development plan and in accordance with the Uniform
Building Code, City Grading Ordinance, and City Storm Water
Management and Discharge Control Ordinance.
b. Paving of the parking lot shall conform to the standards set forth in
Section 12.20.080 of the Poway Municipal Code.
005 ,332
Resolution No. P -01 -42
Page 6
C. A drainage system capable of handling and disposing of all surface
water originating within the development and all surface water that
may flow onto the development from adjacent lands shall be
constructed.
d. All driveway approaches to the development shall be with alley -type
curb returns.
e. 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's civil engineer and shall
be submitted as part of the grading plan. The applicant/developer
shall make provisions to insure proper maintenance of all erosion
control devices.
f. The stormwater pollution prevention plan ( SWPPP) shall be prepared.
The SWPPP shall provide the erosion, sedimentation and pollution
control measures to be used during construction.
2. A right -of -way permit shall be obtained from the Engineering Division of the
Development Services Department for any work to be done in public street
rights -of -way or City -held easements.
3. The applicant/developer shall pay the following fees and grading securities:
a. 'Grading permit, plan checking, inspection, right -of -way permit, and
geotechnical review fees. The grading permit fee shall be paid at first
submittal of grading plans.
b. Posting and /or payment of grading securities.
4. City approval of soils report and grading plans.
5. Submittal of a request for and hold a preconstruction meeting with a City
Engineering inspector. The applicant/developer shall be responsible that
necessary individuals, such as but not limited to, contractors, subcontractors,
project civil engineer and project soils engineer -must attend the
preconstruction meeting.
H. Prior to construction of public improvements, i.e., for new fire hydrants installation
and a water service lateral, unless othertiming is indicated, the applicant/developer
shall complete the following:
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Resolution No. P -01 -42
Page 7
1. Submittal to the City for review and approval of improvement plans for fire
hydrants installation to the Development Services Department for approval.
Fire hydrants shall be installed at locations determined by the City Fire
Marshal. A water system analysis may need to be prepared to analyze the
fire flow and pressure requirements established by the City Fire Marshal.
The applicant/developer shall pay to the City the cost of preparing the
analysis prior to submittal of improvement plans.
2. A new water service lateral shall be installed if the existing lateral is not
sufficient to handle a larger size of water meter.
3. Improvements shall be constructed in accordance with City adopted
standards and specifications, the latest adopted edition of the Standard
Specifications for Public Works Construction and its corresponding San
Diego supplements, and the current San Diego Regional Standard Drawings.
4. All new and existing electrical /communication /CAN utilities shall be installed
underground. The applicant/developer is responsible for complying with the
requirements of this condition, and shall make the necessary arrangements
with each of the serving utilities.
5. The locations and sizes of all utility boxes and vaults within street rights -of-
way and the City's general utility easement shall be shown on the
improvement plans and /or grading plans. All utility boxes shall be located
away from the main entrances and screened to the satisfaction of the
Director of Development Services.
6. The applicant/developer shall pay the following fees and post or pay
appropriate securities:
a. Improvement plan checking and inspection fees.
b. Performance and payment securities. The City Engineer may waive
these securities if substantial amount of grading is completed prior to
installation of public improvements and there is a sufficient amount of
grading securities still held by the City to complete the remainder of
the grading works and public improvements.
C. Right -of -way and /or encroachment permits, if required as hereupon
. mentioned.
w 005334
Resolution No. P- 01 -42
Page 8
7. Submittal of a request for and hold a preconstruction meeting with a City
Engineering inspector. The applicant/developer shall be responsible that
necessary individuals, such as but not limited to, contractors, subcontractors,
project civil engineer and project soils engineer must attend the
preconstruction meeting.
8. A right -of -way permit shall be obtained from the Engineering Division of the
Development Services Department for any work to be done in public street
rights -of -way or City -held easements.
9. 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.
The City reserves the right to choose any or all of the above, under certain
circumstances when City deems necessary.
10. The applicant/developer shall cause the dedication of the following
easements to the City:
a. If there is a new public water line extension to service new fire
hydrant/s installation, an easement, a minimum of 20.00 feet wide for
each new public water lines located outside the public street right -of-
way, shall be dedicated to the City.
Recordation of the easements in the office of the San Diego County
Recorder may be deferred, with the approval of the City Engineer, prior to
issuance of building occupancy.
11. Standards and specifications, the latest adopted edition of the Standard
Specifications for Public Works Construction and its corresponding San
Diego supplements, and the current San Diego Regional Standard Drawings.
005335
Resolution No. P- 01 -42
Page 9
12. All new and existing electrical /communication /CATV utilities shall be installed
underground prior to installation of concrete curbs, gutters, sidewalks and
surfacing of the streets. The applicant/developer is responsible for
complying with the requirements of this condition, and shall make the
necessary arrangements with each of the serving utilities.
13. The locations and sizes of all utility boxes and vaults within street rights -of-
way and /or City's easements shall be shown. on the improvement plans.
14. All driveway approaches to be developed shall be with alley -type curb
returns.
15. Paving of the parking lot shall conform to the standards set forth in Section
12.20.080 of the Poway Municipal Code.
16. The applicant shall investigate the potential drainage /road easement
extending north from the subject parcel to Vista View Court near the
northwest corner of the propertyto determine if the sound attenuation wall on
the north property line can be extended to the west property line. This
extension would tie in with the wall and gate proposed for APN 323 - 201 -05.
The final determination of the appropriateness of extending the wall shall be
subject to the satisfaction of the City Engineer.
Prior to building permit issuance, unless other timing is indicated, the following
conditions shall be satisfied:
1. Completion of and approval by the City of rough grading of the project site.
2. City approval of soils compaction report. .
3. City approval of a certification of line and grade. The certification shall be
prepared by the project's civil engineer or City- approved designee.
4. Payment of development fees to the City, unless other payee is indicated.
The amounts to be paid shall be those in effect at time of payment.
Water base capacity fee* (Resolution No. 91 -123)
For 1" meter = $ 6,678.00 per meter
For 1 1 /2" meter = $10,388.00 per meter
Other meter sizes = Contact Engineering Division
0
0
005336
Resolution No. P- 01 -42
Page 10
J.
1
Water meter fee* (Resolution No. 91 -123)
For 1" meter = $ 270.00 per meter
For 1 1 /2" meter = $ 600.00 per meter
Other meter sizes = Contact Engineering Division
SDCWA capacity charge* (applicable to potable water only) -To be paid by a
separate check, payable to San Diego County Water Authority but remitted
to the City.
For 1" meter = $3,206.00 per meter
For 1 meter = $6,012.00 per meter
Other meter sizes = Contact Engineering Division
Sewer connection fee = None
Sewer cleanout fee = None
Sewer cleanout inspection fee = None
Traffic mitigation fee = None
Drainage fee = None
Park fee = None
Priorto City's approval for occupancy and release of securities, unless othertiming
is indicated, the following conditions shall be satisfied:
Completion of public improvements.
2.
3.
4.
5.
City approval of record drawings of the grading and improvement plans.
Dedication of easements to the City for new public water lines, if any.
Posting of a warranty bond for the constructed public water system
improvements.
Grading securities shall be released only upon completion of the project
and upon City approval of the record drawings of the grading plans.
6. Performance securities for public improvements, if posted and separate from
the grading securities, shall only be reduced twice before completion of
improvements.
005337
Resolution No. P -01 -42
Page 1
7. Payment securities and remaining performance securities, if any, shall be
released no sooner than 90 days after City's acceptance of improvements,
posting of warranty security, and approval of record drawings.
8. The building elevation shall show all roof appurtenances, including air
conditioners, architecturally integrated,, screened. from view, and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services.
9. Trash receptacles shall.be enclosed within a 6- foot -high masonry wall with
view - obstructing gates pursuant to City standards. Location shall be away
from the residential buildings, if possible, and subject to approval by the
Director of Development Services.
10. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance under a separate sign permit.
11. The applicant shall annex into Landscape Maintenance District 86 -3.
12. Lighting shall comply with the following:
a. All 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 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. .
b. All exterior lighting shall be scheduled so that light rays emitted by the
fixture are projected below the imaginary horizontal plane passing
through the lowest point of the fixture and in such a manner that the
light is directed away from streets and adjoihing properties.
C. Illuminators should be integrated with the architecture of the building
and /or as appropriate placed on the rear sound wall.
d. The intensity of light at the boundary of any single - family zone shall
not exceed 75 -foot lamberts from a source of reflected ,light.
005338
Resolution No. P- 01 -42
Page 12
e. Lighting along the rear (north) property boundary shall not directed or
shine beyond the eight -foot buffer wall. This includes display lighting
along Poway Road.
13. A detailed landscape and irrigation plan shall be submitted for review and
approval by the Director of Development Services. Plans shall be prepared
in accordance with the City of Poway Guide to Landscape Requirements
(latest edition).
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 cement curb.
b. All parking spaces shall be double striped. The parking lot design
shall comply with the Americans with Disabilities Act; i.e., 1:25 ratio
for accessible spaces with at least one van - accessible space.
C. Street trees, a minimum of 15 gallon size or larger, shall be installed
in accordance with the City of Poway Guide to Landscape
Requirements and shall be planted at an average of 30 feet on center
spacing Community Road. The applicant shall make every effort to
retain the existing street trees. Additional trees may be required to
meet City standards.
d. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash and debris.
14. The developer shall increase the height of the sound wall on the northern
property line from six feet to eight feet in height utilizing a material and color
that will create a uniform decorative appearance to the entire sound wall to
the satisfaction of the Director of Development Services.
15. The developer shall submit plans for an eight- foot -high sound wall along the
commercially zoned east frontage of the single family home located to the
northwest of the subject parcel and whose legal access to their residence is
through the subject parcel, APN 323 - 201 -05. The wall, which shall be
constructed of a material and color that•is similar to the adjacent wall on the
northern property line of the auto service site, shall incorporate an 18 -foot
wide electronically. controlled solid gate. Control .of the gate shall be the
responsibility and at the will of the residential property owner. The wall and
005339
Resolution No. P -01 -42
Page 13
gate shall be constructed subject to the approval of the Director of
Development Services.
16. The mature landscaping along the north property boundary shall be
protected in place as shall the mature street trees along Poway Road. Any
modification shall be subject to the approval of the Director of Development
Services.
17. The applicant shall either relocate the easement along the west property line
or find an alternative location on -site to accommodate the four parking
spaces located within the easement. Approval of the relocation of the
parking /or easement shall be subject to the Director of Development
Services.
K. The following requirements of the Safety Services Department shall be met:
1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and
City of Poway Ordinance No. 64.
2. The buildings shall display their numeric addresses 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 Sheriffs Dept. - ASTREA criteria.
3. 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.
4. The sales office 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.
5. 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.
005340
Resolution No. P -01 -42
Page 14
6. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A breakaway padlock shall be required
for the fire sprinkler system Post Indicator Valve.
7. A'Knox' Security Key Box shall be required for sliding electronic gate to the
single - family home accessed through the project site at a location
determined by the City Fire Marshal.
8. 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.
9. Permanent access roadways for fire apparatus shall be designated as.'Fire
Lanes' with appropriate signs and curb markings.
10. Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and
75 feet of travel distance.
11. The addition of on -site fire hydrants is required. The location of the hydrants
shall be determined by the City Fire Marshal.
12. 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.
13. Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit man
door or shall be located inside an enclosed closet with an exterior access
man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser."
When the closet method is chosen, applicant shall provide 36 inches of
clearance from the standpipe or attached additional risers, accessible by a
3'0" man door.
14. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the buildings.
L. Upon occupancy the applicant shall comply with the following conditions:
1. There shall be no delivery of parts or supplies after the hour of 6:00 p.m.
• • 005341
Resolution No. P- 01 -42
Page 15
2. The compressor doors shall remain closed at all times unless during
maintenance.
3. The sales office business will be open Monday through Friday from 8:00 a.m.
to 9:00 p.m., with the service bays open from 7:30 a.m. to 6:00 p.m. On
Saturday, the sales office will be open from 9:00 a.m. to 7:00 p.m. and 10:00
a.m. to 7:00 p.m. on Sunday. The service and parts departments are closed
on Saturday and Sunday
4. 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.
5. The gate connecting the north elevation between the two buildings shall
remain closed for noise attenuation purposes during operating hours of the
service facility.
6. There shall be no delivery of vehicles after normal working hours, nor shall
the rear accessway be utilized to unload vehicles. Vehicles shall be
unloaded from carrier truck only along Poway Road, with a right -of -way
permit, or in the front accessway between the buildings and Poway Road.
7. When repairing vehicles, the service bays facing the sales office shall be
used first. Only when there is a sufficient demand for additional work shall
the west facing stalls be used and the bay doors open.
8. Employees of the dealership and other business related vehicles shall not
park in the residential zones along Evanston Drive, Granville Drive and
adjoining streets.
9. If cars are to be washed, the washing must be done within the service bays
and the drainage waters directed into the sewer system.
10. No outdoor paging systems or telephone bells or similar devices shall be
permitted.
11. If the applicant proposes to have the car transport vehicles park in the street,
the applicant shall advise each car transport company that a right -of -way
permit from the City of Poway is required.
0 05,342
Resolution No. P- 01 -42
Page 16
12. Car transport trucks are prohibited from making after hour deliveries or
turning around in residential streets. If they begin to unload prior to closure,
they must finish unloading prior to the regular closing of the business.
13. If because of complaints associated with violation of the car transport
delivery regulations, or employee and /or other business - related vehicles
parking in the residential neighborhood, and a residential parking program is
required, the applicant shall be financially responsible to cover all the costs
associated with the implementation of the program.
14. 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.
15. The applicant shall denote employees and customer parking on the parking
lot.
16. Wash bays and all areas involved with car maintenance shall be designed to
drain to sumps containing clarifier and separator systems, which adequately
remove waste by- products. The remaining waste will be plumbed to the
public sewer system. Design details shall be required upon building plan
check submittal.
Section 8 : The terms and conditions of Minor Conditional Use Permit 00 -006 and
Development Review 00 -17 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 : This approval shall become null and void if building permits are not issued for
this project by August 14, 2003 at 5:00 p.m.
Section 10 : Pursuant to Government Code Section 66020, the 90 -day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on August 14, 2001.
005343
Resolution No. P- 01 -42
Page 17
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 14th day of August 2001.
ATTEST:
i
LorilAnne Peoples, City Cl rk
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- 01 -42 , was duly adopted by the
City Council at a meeting of said City Council held on the 14th day of August 2001, and
that it was so adopted by the following vote:
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: GOLDBY
ABSTAIN: .NONE
ABSENT: NONE
LorilAnne Peoples, City Cle
City of Poway
• Resoluo No. P- 01 -42 005344
Page 18
EXHIBIT A
Mitigation Measure
Timing
Responsibility
Noise
a. Add two feet onto the rear six -foot sound wall to make
Prior to issuance of
Applicant
a solid eight -foot high sound wall
occupancy permit
b. Construct an eight -foot high sound wall, that
Prior to issuance of
Applicant
incorporates an 18 -foot wide electronic gate along the
occupancy permit
commercial frontage of the single family home located
northwest and adjacent to the subject parcel
c. No air conditioning units are permitted on north side of
During operations
Applicant
the day care building.
d. No outdoor paging systems or telephone bells or similar
During operations
Applicant
devices shall be permitted.
e. There shall be no delivery of parts or supplies after the
During operations
Applicant
hours of 6:00 p.m.
f. The compressor doors shall remain closed at all times
During operations
Applicant
except during maintenance.
g. The sales office business will be open Monday through
During operations
Applicant
Friday from 8:00 a.m. to 9:00 p.m., with the service
bays open from 7:30 a.m. to 6:00 p.m. On Saturday, the
sales office will be open from 9:00 a.m. to 7:00 p.m.
and 10:00 a.m. to 7:00 p.m. on Sunday. The service
and parts departments are closed on Saturday and
Sunday
h. The service bays shall not be used by employees or
During operations
Applicant
any other person after normal business hours to repair,
wash, paint or otherwise work on any vehicle, truck, or
motorcycle.
i. When repairing vehicles the service bays facing the
During operations
Applicant
sales office shall be used first. Only when there is a
sufficient demand for additional work shall the west
facing stalls be used and the bay doors open.
j. The gate connecting the north elevation between the
During operations
Applicant
two buildings shall remain closed for noise attenuation
purposes during operating hours of the service facility.
Traffic
k. There shall be no delivery of vehicles after normal
During operations
Applicant
working hours. Nor shall the rear accessway be utilized
to unload vehicles. Vehicles shall be unloaded from the
carrier truck only along Poway Road, with a right -of -way
permit, or in the front accessway between the buildings
and Poway Road.
• oo s345 Resolut n No. P- 01 -42
Page 19
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I. Employees of the dealership and other business related
During operations
Applicant
vehicles shall not park in the residential zones along
Evanston Drive, Granville Drive and adjoining streets
Lighting
k. All outdoor light fixtures, including but not limited to
During operations
Applicant
illuminated signage, decorative building or landscape
lighting, illuminated recreational facilities, and parking
lot lighting within commercial zones, shall be turned off
between the hours of 11:00 p.m. and sunrise, except
when used for security purposes, illumination of
roadways, sidewalks, and similar safety - related
applications. Automatic timing devices shall be
integrated into all new or modified lighting systems to
turn off lights at 11:00 p.m.
I. All lighting used in parking lots, for security purposes or
During operations
Applicant
similar safety - related uses, shall be low- pressure
sodium except where the City Council has issued an
exemption permit to allow high - pressure sodium
lighting. The City Council may issue such exemption
permits where the City Council finds that unusual
circumstances dictate the use of brighter lighting for
safety reasons.
m. All exterior lighting shall be scheduled so that light rays
During operations
Applicant
emitted by the fixture are projected below the imaginary
horizontal plane passing through the lowest point of the
fixture and in such a manner that the light is directed
away from streets and adjoining properties.
n. Illuminators should be integrated with the architecture of
Prior to issuance of
Applicant
the building and /or as appropriate placed on the rear
building permit
sound wall.
o. Freestanding lamp posts shall be no taller than 18 feet.
Prior to issuance of
Applicant
building permit
p. The intensity of light at the boundary of any single-
During operation
Applicant
family zone shall not exceed 75 -foot lamberts from a
source of reflected light.
q. Lighting along the rear (north) property boundary shall
During operation
Applicant
not directed or shine beyond the eight -foot buffer wall.
This includes display lighting along Poway Road
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