Covenant Regarding Real Property 2011-0218990RECORDING REQUEST BY:
CITY OF POWAY
` WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
DOC # 2011 - 0218990
IIIIIIII IIIVIIIII ICAIIIIIIVIVIIIIIIIIVIIIVIIIVIIIIIIIII
APR 27, 2011 12:30 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 60.00
PAGES: 16
(This space for Recorder's ITsej - -
APN: 317 - 101 -01 / DR 09 -03 and VAR 09 -05
COVENANT REGARDING REAL PROPERTY
Neighborhood Healthcare, 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 13010 Poway Road ( "PROPERTY" hereinafter).
In consideration of the approval of Variance (VAR) 09 -05 and Development Review
(DR) 09 -03 by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by the
conditions of approval contained in 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, encumbrances, successors, heirs, personal representatives, transferees
and assigns of the respective parties.
In the event that VAR 09 -05 and DR 09 -03 expire or are rescinded by City Council,
or the OWNER terminates the use permitted by VAR 09 -05 and DR 09 -03, upon the
request of the OWNER the City shall expunge this Covenant from the record title of the
PROPERTY and this VAR 09 -05 and DR 09 -03 shall be of no further force or effect.
If either party incurs costs as a result of filing a civil action 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: Neighborhood Healthcare
Dated: By: ra Cv
(Notarize) a
Its: C 6�
CITY OF POWAY
Dated: , "?,51 /1 By:
Y
M:\planning \11 report \var\09 -05 Neighborhood Heattcare\cov.docx
I�bbert J. MaAis, "
Director of Development ervices
11--Dc.m
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CML CODE § 1189
State of California
County of
On before me,
Date n Here Insert Name and Tide of a icer
personally appeared
LYNN G� OWSKI
ConvWssion # 1869632
Notary Public - Cal WOM
San Diogo Cm*
Cow. Ex ira Oct 31.2013
of Signer(s)
who proved to me on the basis of satisfactory
evidence 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.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my Vand and official seal.
Signature:
Place Notary Seal Above / Sigr(agife of N 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(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
f a r,
3
0 2010 National Notary Association - NationalNotary.org - 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907
Order No.: 830010049 -U 16
SCHEDULE A
(continued)
EMBIT "A"
Q
PARCEL 1:
PARCEL 1 S SHOWN ON A PARCEL MAP FILED IN BOOK OF PARCEL MAPS AT PAGE 1375
IN THE OF ICE OF THE COUNTY RECORDER OF SAN DIEGO, ON MARCH 8, 1973, BEING A
PORTION P THE WESTERLY 272.00 FEET OF THE SOUTHERLY 370.02 FEET OF THE
SOUTH QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14
SOUTH, R' NOE 2 WEST, SAN BERNARDINO EASE AND MERIDIAN, IN THE COUNTY OF
SAN DIEGQ, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY.
PARCEL 2:,
AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER, ALONG AND ACROSS
THE WESTERLY 10.00 FEET OF PARCEL 2 OF SAID PARCEL MAP NO. 1375.
�v
EXCEPTING THEREFROM THE SOUTHERLY 50.00 FEET. Cl.)
v
Assessor's Marcel Number:.317- 101 -01
EXHIBIT A
4
•
RESOLUTION NO. P -11 -04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING DEVELOPMENT REVIEW 09 -03 AND VARIANCE 09 -05
ASSESSOR'S PARCEL NUMBER 317 - 101 -01
WHEREAS, Development Review 09 -03 and Variance 09 -05 were submitted by
Neighborhood Healthcare, Applicant/Owner, to construct an 8,509- square -foot medical
center and to: (1) observe a 10 -foot street side yard setback where 20 feet is required,
and (2) omit an 8- foot -high wall required along the west and north property lines shared
with residentially -zoned properties. The project site is a vacant property located at 13010
Poway Road, within the Mixed Use (MU) zone and Poway Road Specific Plan area; and
WHEREAS, the City Council has read and considered the Agenda Report for
the proposed project and has considered other evidence presented at the public hearing;
and
WHEREAS, on February 22, 2011, the City Council held a public hearing on the
above - referenced item.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1 : The project is Categorically Exempt from the California Environmental
Quality Act (CEQA), as a Class 32 Categorical Exemption, pursuant to Section 15332
of the CEQA Guidelines, in that it is for an infill project that is on a property less than
5 acres in size surrounded by urban uses and without any natural habitat, is consistent
with the General Plan and zoning designation and regulations with the exception of
setback and wall variances for which findings can be made, and can be adequately
served by all required utilities and public services.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code (PMC), to approve Variance 09 -05 to: (1) observe a 10 -foot street side yard
setback where 20 feet is required, and (2) omit an 8- foot -high wall required along the east
and north property lines shared with residentially -zoned properties, are made as follows:
A. That there are special circumstances applicable to the property and because
of this the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The special circumstances include: (1) The road easement that
exists along the east property line is an access easement, which due to
topography cannot be used and, therefore, measuring the setback from this
easement would be excessive and unnecessary; and (2) the topography and
separation of the subject property and project development relative to the usable
portions of adjacent residential properties negates the screening purpose of an
8- foot -high wall on the subject property; and
EXHIBIT B
Resolution No. P -11 -04
Page 2
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in that: (1) measuring
a setback from an unusable access easement unnecessarily reduces the
developable portion of the property; and (2) providing an 8- foot -high wall on the
subject property would be excessive since it would not serve a screening purpose
from adjacent residential properties; and
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that: (1) providing a 10 -foot setback from the
easement limit will provide adequate visual and functional separation from the
adjacent commercial property; and (2) the difference in topography, and the
separation between the clinic development and the usable portions of the adjacent
residentially -zoned properties will provide adequate buffering between the clinic
property and adjacent residentially zoned properties, and providing a wall would
unnecessarily detract from the visual qualities of the landscaping on the slopes to
the west and north; and
D. That granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone
in that: (1) the 20- foot - setback measured from the property line is consistent
with standard side yard setback requirements for the MU zone; and (2) the
difference in topography, distance between the usable portions of the adjacent
residentially -zoned properties and the clinic development, and existing and
proposed landscaping will adequately buffer the commercial and residentially -
zoned properties; and
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the MU zone because a medical clinic is permitted by right; and
F. That the proposed Variance will be compatible with the City's General Plan
because the use is permitted and does not result in a density increase.
Section 3 : The findings, in accordance with Chapter 17.52 PMC, for DR 09 -03, are
made as follows:
A. That the office building has been sited to minimize landform alteration, and
conform to City zoning and grading standards. Therefore, the proposed use
respects the interdependence of land values and aesthetics to the benefit of
the City; and
B. That the approved project will not have an adverse affect on the aesthetics,
health, safety, or architecturally - related impact upon adjoining properties as the
medical office building is consistent with City development standards and
complies with the design standards contained in the Poway Road Specific Plan for
the MU zone. Therefore, the proposed design, size, and scale of the proposed
Resolution No. P -11 -04
Page 3
office building is compatible with and will not adversely affect, or be materially
detrimental to, adjacent uses, residents, buildings, structures, or natural resources;
and
C. That the granting of the DR would not be materially detrimental to the public
health, safety, or welfare since the proposed use will complete improvements
within the public right -of -way necessary for the new office building; and
D. That the project has been designed to minimize impacts on the surrounding
community by utilizing a low- profile architectural design, and earth -toned wall
and roof materials consistent with the Poway Road Specific Plan for the MU
zone. Therefore, the proposed development respects the public concerns for
the aesthetics of development; and
E. That the proposed use 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 General Plan because it will meet all development requirements
except for the setback for street side yard and not providing a wall along the
west and north property line, for which a Variance can be supported; and
F. That the proposed development will comply with each of the applicable provisions
of the Zoning Ordinance and the General Plan except for the setback for street
side yard and not providing a wall along the west and north property line, for which
a Variance can be supported.
Section 4 : 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 this project. The
payment of fees toward public improvements and construction of public
improvements are needed as a result of the proposed development to protect
the public health, safety, and welfare as identified below and further described
in the conditions of approval.
1. The project requires payment of fees, which are assessed on a pro -rata
basis, to finance and provide public infrastructure improvements to
promote safe and healthy environment for the residents of the City.
2. The construction of public improvements is needed as follows:
a. Curb, gutter and sidewalk replacement along Poway Road.
b. One onsite fire hydrant and associated public water system will be
provided to the satisfaction of the Fire Marshal.
C. Closure of unnecessary driveways.
d. Upgrading the bus bench to include a shelter.
Resolution No. P -11 -04
Page 4
Section 5 : The City Council hereby approves DR 09 -03 and VAR 09 -05, subject to
the following conditions:
(Planning)
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
.officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside,. void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event
of a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. Approval of this Development Review and Variance shall apply only to the subject
project, and shall not waive compliance with all other Sections of the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of Building
Permit issuance.
C. Within 30 days of the date of this approval, the applicant shall submit in
writing that all conditions of approval have been read and understood.
D. The conditions of Development Review 09 -03 and Variance 09 -05 shall remain
in effect for the life of the subject office, and shall run with the land and be binding
upon future owners, successors, heirs, and transferees of the current property
owner.
E. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance under a separate Sign Permit.
F. Prior to Grading Permit issuance, the applicant shall complete the following:
(Engineering) .
1. Applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified
on the site plan and be appropriately sized for the proposed level of
development.
Resolution No. P -11 -04
Page 5
2. Submit a precise grading plan for the development of the lot prepared in
accordance with the PMC and submittal requirements listed herein.
Submittal shall be made to the Department of Development Services
Engineering Division for review and approval. The grading design shall
be 100% complete at the time of submittal. Incomplete submittals will
not be accepted. Technical studies and plan check fees will be required
at the time of project submittal.
3. The Project shall comply with the City's Jurisdictional Urban Runoff
Management Program (JURMP). The project will be considered a Priority
Project and will be subject to the Standard Urban Stormwater Mitigation
Plan (SUSMP), including the development of a Hydromodification
Management Plan (HMP).
a. Water Quality Control — Design and Construction
Submit a Water Quality Technical Report (WQTR) prepared by a
registered civil engineer in conjunction with the requirements listed in
the SUSMP. A Hydromodification Management Plan will be required
as part of the project development.
i. For infiltration -based Best Management Practices (BMPs),
the report shall include an assessment by a geotechnical
engineer regarding the infiltration potential of the native soils.
4. Water Quality Control — Drainage and Flood Damage Prevention
a. Submit a drainage study to address the impacts of a 100 -year storm
event on the project development. The study shall address all items
required by the PMC.
5. Water Quality Control — Construction Storm Water Management Compliance
) a. Provide proof of coverage under the General Permit for Discharges
of Storm Water Associated with Construction Activity (Construction
General Permit, 99- 08 -DWQ) prior to start of construction.
b. Provide two copies of a Construction Storm Water Pollution
Prevention Plan (SWPPP) as required by the Construction General
Permit.
6. 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 cash security of $2,000 for erosion control is required.
Resolution No. P -11 -04
Page 6
7. Following approval of the grading plans, posting of securities and fees, and
receipt of three copies of the approved plans, the applicant shall attend
a pre - construction meeting at the Department of Development Services.
The scheduling request shall be submitted on a standard City form
available from the City's project engineer.
8. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing or grading.
(Planning)
9. The locations and sizes of all existing and proposed utility boxes and vaults
within street rights -of -way shall be shown on the grading and improvement
plans.
10. Landscape and irrigation plans shall be submitted. The landscape and
irrigation plans shall demonstrate compliance with the City of Poway
Landscape and Irrigation Design Manual, Chapter 17.41 PMC, the Poway
Road Specific Plan, and all other applicable standards and ordinances in
effect at the time of landscape and irrigation plan check submittal. The
landscape and irrigation plan submittal is a separate submittal from other
project plan check submittals, and .is made directly to the Planning Division.
Landscape and irrigation plan review fees are required and are the
responsibility of the applicant. To the satisfaction of the Director of
Development Services, the landscape plans shall also provide the following:
a. Tree and shrubs to provide a vertical relief of the east building
elevation.
b. The area between the parking lot and neighboring residential
properties shall be landscaped with ground cover, shrubs, and trees
to the satisfaction of the Director of Development Services.
C. Screening of utility boxes greater than 3 feet in any dimension.
11. A Tree Removal Permit approval shall be obtained prior to removal of any
trees. In addition, prior to removal of any trees during the recognized
nesting season for raptors, a qualified professional shall evaluate the
subject trees for nests and report the findings in writing to the City.
Should a nest be located, the tree removal shall be delayed until such time
as the nest(s) have been abandoned.
Resolution No. P -11 -04
Page 7
G. Prior to the issuance of a Building Permit, the applicant shall comply with the
following.
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 latest adopted
Uniform Building Code, National Electric Code, and all other applicable
codes and ordinances in effect at the time of Electrical /Building Permit
issuance.
2. School impact fees shall be paid at the rate established at the time
of Building Permit issuance. Please contact the Poway Unified School
District for additional information.
(Engineering)
3. Submit improvement plans prepared on a City of Poway standard sheet
in accordance with the submittal and content requirements in the PMC.
Submittal shall be made to the Engineering Division for review and
approval. The following public improvements should be incorporated into
the project design:
a. Driveway installation in full compliance with ADA requirements,
driveway closures, installation of curb, gutter and sidewalk along
Poway Road along the project frontage.
b. Extend existing median in Poway Road, to the satisfaction of the
Senior Traffic Engineer, to restrict left turn movements as a result
of driveway closures, including the following: extend the existing
left -turn pocket on eastbound Poway Road by approximately 50 feet
to the east. The existing median to the east shall be redesigned
to restrict eastbound left turn movement from the site. Signage and
striping should be revised to match the reconfiguration.
C. Install bus stop improvements, including a new shelter, bench and
trash receptacle, to City specifications. The sidewalk adjacent to
the bus stop shall be in full compliance with ADA requirements.
4. Erosion control, including, but not limited to, desiltation basins, shall be
installed and maintained by the developer from October 1 to April 30. The
developer shall maintain all erosion control devices throughout their
intended life.
Resolution No. P -11 -04
Page 8
5. The applicant shall obtain a Grading Permit and complete rough grading
of the site. The grading shall meet the approval of the Engineering
Inspector and the project's geotechnical engineer. Following completion
of rough grading, please submit the following:
a) Three copies of certification of line and grade for the lot, prepared
by the engineer of work.
b) Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City
6. Prior to start of any work within a City -held easement or right -of -way, a
Right-of-Way Permit shall be obtained from the Engineering Division.
All appropriate fees shall be paid prior to permit issuance.
7. A public water system shall be extended as necessary to support the new
public hydrant required by the Fire Marshall. A water system analysis is
required for the final design of the proposed public water system expansion.
Applicant shall pay for the cost of preparing the analysis prior to submittal of
improvement plans. The applicant will need to dedicate a 10 -foot -wide
easement for the fire hydrant lateral and hydrant location. The proposed
easement shall not conflict with any existing easements. Existing
easements shall be resolved or quitclaimed to accommodate the water
easement if a conflict occurs.
8. The applicant shall provide the number of proposed fixture units and
demonstrate that the existing sewer lateral is adequately sized and is in
satisfactory condition for the proposed development.
9. The applicant shall demonstrate that the existing water service has
adequate capacity for the proposed development or upsize the water
service as needed. Applicant shall pay for all capacity charges associated
with installing a larger water meter.
10. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance.
11. The applicant shall execute and record a Storm Water Management
Facilities Maintenance Agreement accepting responsibility for all structural
BMP maintenance, repair and replacement as outlined in the Operations
and Maintenance plan included in the agreement. The operation and
maintenance requirements shall be binding on the land throughout the life
of the project.
Resolution No. P -11 -04
Page 9
[i
(Planning)
12. Obtain approval of the landscape plans submitted for the grading plan
review.
13. Exterior building materials and finishes shall reflect the approved elevations
on file with the City and these conditions of approval, and shall be noted on
the building plans, to the satisfaction of the Director of Development
Services.
14. The building plans shall include elevations and cross sections that show
all new roof - mounted appurtenances, including, but not limited to, air
conditioning and vents, screened from view and sound buffered from
adjacent properties, to the satisfaction of the Director of Development
Services.
15. The trash enclosure shall be provided with gates consistent with City
standards for trash enclosures. The building plans shall indicate the
location of the trash enclosure and gate details.
16. The building plans shall include details for all exterior lighting to
demonstrate conformance with PMC 17.10.150.1-1, including, but not limited
to, reflecting light downward, away from any road or street, and away from
any adjoining residential development. The light fixtures shall conform to
the design standard established for the Mixed Use zone.
Prior to occupancy, the applicant shall comply with the following fire safety
requirements to the satisfaction of the Fire Marshal:
Roof covering shall be fire retardant as per PMC 15.04.050, and City
of Poway Ordinance No. 64 and its amended Ordinance No. 526.
2. The building shall display its numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be six
inches on the front facade of the building. The building address shall
also be displayed on the roof in a manner satisfactory to the Director of
Safety Services, and meeting Sheriff's Dept. - ASTREA criteria.
3. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with an 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. This 20 -foot access width is the
minimum required for Fire Department emergency access. In most cases,
City Engineering standards will be more restricting. The more restrictive
standard shall apply. The Fire Chief, pursuant to the PMC, shall approve
the road surface type.
Resolution No. P -11 -04
Page 10
4. An approved fire sprinkler system meeting PMC requirements will be
required to be installed. The entire system is to be monitored by a central
monitoring company. Backflow valve assemblies with tamper switches
shall be monitored. The City Fire Marshal, prior to installation, shall locate
these fire protection devices. Two separate plan submittals to the fire
department will be required, one for the fire sprinkler design and the second
for the fire service underground. A water analysis will be required.
5. Fire sprinkler riser(s) shall be located inside an enclosed closet with an
-exterior access man door. The door shall be labeled with a sign indicating
"Fire Sprinkler Riser." The applicant shall provide 36 inches of clearance
from the standpipe or attached additional risers, accessible by a T -0"
man door.
6. A properly licensed contractor shall install an automatic fire alarm system
to .approved standards. The system shall be completely monitored by a
U.L. listed central station alarm company or proprietary remote station.
7. 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.
8. Fire Department access for use of firefighting 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. A minimum 3A!40BC fire extinguisher is required for every 3,000 square
feet and 75' travel distance.
11. If medical gases will be used in this building, they shall be installed to
meet requirements of the California Fire Code and Chapter 15.24 PMC.
12. The addition of an onsite fire hydrant is required. The City Fire Marshal
shall determine the location of the hydrant.
13. Material Safety Data Sheets shall be required for all hazardous and /or
toxic substances used in the building.
14. An Emergency Contingency Plan and Hazardous Materials Disclosure,
if applicable, shall be filed with the County of San Diego Department of
Health and copies provided to the Fire Department.
Resolution No. P -11 -04
Page 11
15. Prior to delivery of combustible building material. onsite, 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.
16. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided
as necessary throughout the building.
Prior to occupancy, or as otherwise noted, the following shall be complied with:
The site shall be developed in accordance with the approved plans on file
in the Development Services Department and the conditions contained
herein. A final inspection from the appropriate City Departments will be
required.
(Engineering)
2. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
3. The applicant shall repair, to the satisfaction of the City Engineer, any
and all damages to the streets caused by construction activity from this
project.
4. Record drawings, signed by the engineer of work, shall be submitted to
the Development Services Department prior to a request of occupancy,
per Section 16.52.13013 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. At least three weeks prior to a request for occupancy is
recommended.
(Planning)
5. All plantings shall be installed and the automatic irrigation system _ shall
be operational pursuant to the City of Poway Landscape and Irrigation
Design Manual and the approved landscape plans.
6. Sign and execute a covenant agreeing to provide a reciprocal access
easement to the neighboring property to the east to allow future internal
vehicular and pedestrian access to be constructed and maintained between
the parking lots of the two properties. The location of the future access
easement shall be subject to approval by the Director of Development
Services and shall not result in the elimination of more than three parking
Resolution No. P -11 -04
Page 12
spaces unless agreed upon by the property owner and the City. The
covenant shall be drafted by the applicant/developer and is subject to
review and approval by the Director of Development Services. -
J. Upon occupancy the applicant shall comply with the following conditions:
1. All facilities and related equipment 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.
2. 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.
3. All landscaping, including areas within the adjacent public right -of -way,
shall be adequately irrigated, and permanently and_ fully maintained by the
owner at all times in accordance with the approved landscape plans and
requirements of the City of Poway Landscape and Irrigation Design Manual.
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 Operations" latest edition (ANSI A300). Trees shall not be topped and
pruning shall not remove more than 25% of the trees' leaf surface.
Section 9 : The approval of DR 09 -03 and VAR 09 -05 shall expire on
February 22, 2013, at 5:00 p.m., unless, prior to that time, a Building Permit has been
issued and construction has commenced on the property.
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
February 22, 2011.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 22nd day of February 2011.
Don Higginson, Mayor
ATT T:
Lin . royan, MMC, City Cle
. I .IV
Resolution No. P -11 -04
Page 13
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby
certify, under penalty of perjury, that the foregoing Resolution No. P -11-04 was duly
adopted by the City Council at a meeting of said City Council held on the 22nd day of
February 2011, and that it was so adopted by the following vote:
AYES: BOYACK, GROSH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
in A. Troyan, MMC, City Clerk
qty of Poway