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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 In the event that MCUP 00- 006NAR 01 -11 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 o wy cofl A3 --?q /1604 -19 v;2 -oa • 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: A05333 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 n:\citylplanning \01 report\mcup \mcup00- 006.res.doc 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 n:\citylplanning \01 report\mcup \mcup00- 006.res.doc