Covenant Regarding Real Property 2011-0592349RECORDING REQUEST BY:
v CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
/ CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
oac a 2011- 0592349
NOV 04, 2011 4:23 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
PAGES: 17
APN: 317 - 190 -21 and 45
NO DOCUMENT TRANSFER TAX DUE
COVENANT REGARDING REAL PROPERTY
Poway Redevelopment Agency, PROPERTY OWNER ( "OWNER" hereinafter), is
the owner of real property located at 13655 Poway Road, ( "PROPERTY" hereinafter) and is
described in Exhibit A, which is attached hereto and made a part hereof.
In consideration of the approval of Minor Conditional Use Permit (CUP) 10 -08 and
Minor Development Review (MDRA) 10 -33 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In the event that the project approval expires or is rescinded by City Council, or the
OWNER terminates the use, upon the request of the OWNER the City shall expunge this
Covenant from the record title of the PROPERTY and this approval 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: Poway Redevelopment Agency
Dated: l I (I By:
Don Higginson (Notarize)
Its: Chairman
CITY OF P WAY
Dated: 1013110 By:
obert J. Mang,
Director of Development Services
M:\planning \11 report\mdra \10-33 Toyota \covenant2.docx
h -107
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On November 1, 2011 before me, Carol S. Legg, Notary Public, personally appeared
Donald Lee Higginson, who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that she executed
the same in her authorized capacity, and that by her signature on the instrument the person, or
the entity upon behalf of which the person 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 hand and official seal.
c CAROL S. LEGG
CommlWon 0 1934186
Notary Public • California i H
San Diego County.
L --------------- • Comm DgIre s Apr 28, 2015
Carol S. Legg, Notary Public
OPTIONAL
Title or type of document: Covenant Regarding Real Property, APN 317 - 190 -21 and 45.
MDRA 10 -33, CUP 10 -08, Toyota. Don Higginson signed as Chairman of the Poway
Redevelopment Agency.
Document Date: November 1, 2011
Number of Pages: 1, plus Exhibit A (1 page) and Exhibit B Resolution P -11 -26 (14 pages)
Signers Other Than Named Above: Robert J. Manis, Director of Development Services
EXHIBIT A
(APN: 317 - 190 -2100 & 317 - 190 -4500)
PARCEL A:
9735
PARCEL 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AS SHOWN AT PAGE 15255 OF PARCEL MAPS, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 6, 1988.
PARCEL B:
AN EASEMENT FOR INGRESS AND EGRESS, OVER, ALONG, AND ACROSS THAT
PORTION OF PARCEL 1 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS SHOWN AT PAGE 15255 OF PARCEL MAPS, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 6,
1988, DELINEATED AS "MUTUAL INGRESS AND EGRESS EASEMENT RESERVED
HEREON" ON SAID PARCEL MAP 15255.
Exhibit B
RESOLUTION NO. P -11 -26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 10 -33
AND MINOR CONDITIONAL USE PERMIT 10 -08
ASSESSOR'S PARCEL NUMBERS: 317 - 190 -21, 43,44 and 45
WHEREAS, a request for approval of Minor Development Review Application
(MDRA) 10 -33 and Minor Conditional Use Permit 10 -08 has been submitted by Whitfield
Associates Inc., the Applicant, on behalf of Pinnacle Realty, LLC, the property owner; and
WHEREAS, the project is a proposal to relocate and expand the existing Toyota of
Poway automobile dealership, currently located at 13750 and 13760 Poway Road, to an
approximate 5.5 -acre site at 13611, 13631 and 13655 Poway Road, at the southeast
corner of Poway Road and Midland Road, in the Automotive /General Commercial (A/GC)
zone. The project includes renovation of the existing buildings onsite; the addition of
approximately 9,000 square feet of new building area and a 2,500- square -foot canopy;
establishment of an automated car wash and repair /service activity, including a body shop,
and re- landscaping and other miscellaneous site improvements; and
WHEREAS, -on October 4, 2011, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway,
as follows:
Section 1: An Environmental Initial Study (EIS) was completed for the project. It was
determined that while the project will not have a significant adverse impact on the
environment, there could be potential impacts in the areas of archeology and noise. The
City Council, therefore, finds that all of the potential environmental concerns can be
mitigated to a less than significant level and hereby approves a Mitigated Negative
Declaration (MND) for the project.
Section 2: The findings, in accordance with Chapter 17.52 of the Poway Municipal Code
(PMC) for MDRA 10 -33, are made as follows:
A. The project is consistent with the Zoning Ordinance and General Plan in that the
new building additions, exterior renovation, landscaping and other site improvements
are in compliance with City design and development standards. The A/GC
designation allows for auto sales, service and repair, including auto body repair, and
identifies the east end of Poway Road as an area where these uses will be
concentrated. Therefore, the project respects the interdependence of land values
and aesthetics to the benefit of the City.
B. The project will not have an adverse health, safety or aesthetic impact upon adjoining
properties in that the project is in compliance with all City development standards.
Resolution No. P -11 -26
Page 2
C. The project is in compliance with the Zoning Ordinance in that the proposed uses
are permitted in the A/GC zone, and involves new building additions, an exterior
remodel, landscaping, and other site improvements in compliance with City design
and development standards.
D. The development encourages the orderly and harmonious appearance of structures
and property within the City.
Section 3: The findings, in accordance with PMC 17.48.070, for MCUP 10 -08 to conduct
auto service and repair, including auto body repair, in the A/GC zone, are as follows:
A. The location, size, design, and operating characteristics of the proposed use are in
accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit
Regulations), the Poway Road Specific Plan, the City General Plan, and the
development policies and standards of the City in that the subject use is allowed with
a MCUP. The facility has been designed and will be conducted such that it will be
compatible with the surrounding development. Business operation standards are
included in the MCUP to minimize impacts on adjacent residential uses.
B. The location, size, design, and operating characteristics of the proposed 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 site is zoned
for the use, the facility has been designed and will be operated in compliance with
City development standards. Adequate parking will be provided onsite,
and all work will be conducted within the buildings. Business operation standards
are included in the MCUP to minimize impacts on adjacent residential uses.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and
is consistent with, adjacent uses. The project involves renovation of a developed, but
currently vacant, site and building additions totaling approximately 9,000 square feet.
Automotive sales and auto repair and service will be established as part of the project
which is similar to uses that previously existed on the site and similar to uses that
exist along Poway Road in the vicinity of the site. Residential uses are adjacent to
the site and to minimize impacts to those uses, business operations standards are
included in the MCUP.
D. There are adequate public facilities, services and utilities available at the subject site
to serve the proposed use.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that adequate parking will be provided onsite, and all work will be
conducted within the buildings. Business operation standards are included in the
MCUP to minimize impacts on adjacent residential uses.
F. , The generation of traffic will not adversely impact the capacity and physical character
of the surrounding streets. The project provides adequate vehicle circulation onsite.
Resolution No. P -11 -26
Page 3
The project involves the relocation and expansion of an existing automobile
dealership from a location on Poway Road, which is across the street from and just to
the east of this site. The slight shift of this existing source of vehicle trips will not alter
or impact traffic flows within this transportation system since the trips already exist.
The amount of additional new traffic associated with the 9,000 square foot additions
that would be generated beyond that associated with the existing dealership is
negligible and circulation will not be impacted. Also important to note is the project
will result in the closure of two or the three existing driveways along Poway Road.
Driveway closures are a goal of the Poway Road Specific Plan that will improve traffic
flow and safety.
G. There will not be significant harmful effects upon environmental quality and
natural resources in that the site is already developed and contains no natural
habitat resources. On -site monitoring during earth excavation activities by an
archeologist will ensure no impacts to cultural resources.
Section 4: The findings, in accordance with Government Code Section 66020 for the
public improvements needed as a result of the proposed development to protect the public
health, safety and welfare, 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 facilities will be available to serve this project.
B. The construction of public improvements is 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. Median extension on Midland Road.
2. Sidewalk replacement and ADA compliant driveway crossings along the site
frontage on Poway Road and Midland Road.
3. Installation of landscaping improvements in the right -of -way and on public
property.
4. Provision of a bus stop shelter.
C. In accordance with the Poway General Plan, the project requires the payment
of development impact fees, which are assessed on a pro -rata basis to finance
public infrastructure improvements, which promote a safe and healthy environment
for the residents of the City.
Section 5: The City Council hereby approves MDRA 10 -33 and MCUP 10 -08, as shown
on the approved plans on file in the City, subject to the following conditions:
Resolution No. P -11 -26
Page 4
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. In the event that any of the parcels that comprise the project site come under
different ownership than that which existed at the time of project approval, and one
of the ownerships wishes to terminate the use on its parcel, the property owner(s)
shall request a public hearing prior to termination of the use for modification or
revocation of the original project approval. If it is the desire of the property owner
to terminate the use, prior to termination this approval shall be revoked by the City
Council in its entirety. The property owner may request approval of a modification
to the project approval to allow the facility to remain on one of the lots. Such
modification shall be subject to a public hearing and must be approved
by the City Council and the facility constructed on one of the parcels prior to
cessation of the facility on the other parcel. The applicant shall sign an agreement
that acknowledges the fact that a permit revocation request from either property
owner would result in the permit being revoked on both parcels, unless a modification
to the project approval is approved and implemented prior to either the sale of, or the
cessation of the use on, one of the parcels. The form and content of said agreement
shall be to the satisfaction of the City Attorney.
C. Approval of the project shall apply only to the subject project, and shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable
City Ordinances in effect at the time of Building Permit issuance.
D. 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, and a deed covenant with
these conditions of approval shall be recorded on the property.
E. The conditions for the project shall remain in effect for the life of the subject property,
and shall run with the land and be binding upon future owners, successors, heirs,
and transferees of the current property owner.
Resolution No. P -11 -26
Page 5 .
F. Prior to Grading Permit issuance, the applicant shall complete the following to the
satisfaction of the Director of Development Services:
(Engineering)
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.
2. Submit a precise grading plan for the development of the lot prepared on a
City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved
by the City project engineer, in accordance with the submittal and content
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, ready for
approval and issuance of permit. Incomplete submittals will not be accepted.
All technical studies as required by Chapter 16 of the PMC shall be submitted.
3. Water Quality Control — Drainage and Flood Damage Prevention
A drainage study addressing the impacts of a 100 -year storm event prepared
by a registered Civil Engineer is to be submitted and approved. The study
shall evaluate existing and proposed hydrologic and hydraulic conditions
to the satisfaction of the City project engineer.
4. Water Quality Control — Design and Construction
The project shall comply with the City's Jurisdictional Urban Runoff
Management Program (JURMP). The project is considered a Priority Project
and will be subject to the Standard Urban Stormwater Management Plan
as outlined in the Poway Municipal Code and the Poway Local SUSMP. A
Water Quality Technical Report (WQTR) prepared by a registered Civil
Engineer is to be submitted and approved.
a. Provide two copies of an Operation & Maintenance (O &M) plan in
accordance with Chapter 16.104 PMC.
b. Property owner shall execute an approved Storm Water Management
Facilities Maintenance Agreement accepting responsibility for all
structural BMP maintenance, repair and replacement as outlined in the
Operations and Maintenance plan. The operation and maintenance
requirements shall be binding on the land throughout the life of the
project as outlined in Chapter 16.104 PMC.
5. Water Quality Control — Construction Storm Water Management Compliance
The project does not currently propose to disturb an area greater than 1 acre.
If, at any time, the total project disturbance exceeds 1 acre, proof of coverage
under the General Permit for Discharges of Storm Water Associated with
Construction Activity (Construction General Permit, 2009 - 0009 -DWQ, as
Resolution No. P -11 -26
Page 6
amended by order 2010 -0014) shall be provided to the City along with a copy
of the Storm Water Pollution Prevention Plan (SWPPP).
6. Any private improvements within any publically held easement or right -of -way
may require an Encroachment Agreement as determined necessary by the
City Engineer. All necessary Encroachment Agreements shall be approved
and executed prior to Grading Permit issuance.
7. All improvements proposed on the City -owned lot shall require an agreement
and /or easement for construction and maintenance. The form and content of
the agreement and /or easement is subject to the approval of the Director of
Development Services.
8. An easement shall be granted to the City of Poway for all existing and
proposed public improvements located on the property. This includes the
existing onsite fire hydrant.
9. Grading securities in the amount and form described in Chapter 16.46 PMC
shall be posted with the City prior to grading plan approval. This will include
a minimum cash security of $2,000 in all instances.
10. 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 Development Services Department. The
scheduling request shall be submitted on a City standard form available from
the City's project engineer.
11. Construction staking is to be installed and inspected by the Engineering
Inspector prior to any clearing, grubbing or grading. As applicable, provide
two copies of a written certification, signed and sealed in accordance with the
Business and Professions Code, by the engineer of record stating that all
protected areas have been staked in accordance with the approved plans.
12. Improvement plans prepared on a City of Poway standard sheet at a scale of
1" = 20', unless otherwise approved by the City project engineer, in
accordance with the submittal and content requirements listed in the PMC
shall be approved. Submittal shall be made to the Engineering Division for
review and approval. The improvement design shall be 100% complete at the
time of submittal and ready for approval. All improvements are to be done to
the satisfaction of the City Engineer. The plan shall include, at a minimum, the
following features:
a. The median on Midland Road immediately west of the project site shall
be extended to prohibit left -turn movements from the project site onto
Midland Road.
Resolution No. P -11 -26
Page 7
b. All existing and proposed easements shall be depicted on the plans.
C. All public improvements, including pedestrian /access and utility
appurtenances, are to be located completely within City right of way or
City held easements.
d. The signal and controller facilities at the intersection of Poway Road
and Midland Road shall be relocated as necessary to meet current
ADA requirements.
e. A new street light is to be installed north of the remaining driveway
on Midland Road. The final location of the light shall be determined by
the City Engineer as part of the plan check process.
f. The south driveway on Midland Road and the east and west driveways
on Poway Road are to be removed. Remaining driveways shall be
improved as necessary to meet current standards.
g. A bus stop shelter along Poway Road per City specifications.
h. All sidewalks along Poway Road and Midland Road are to be replaced.
(Planning)
13. The locations and sizes of all utility boxes and vaults within street rights -of -way
shall be shown on the grading plans.
14. A Tree Removal Permit shall be obtained in accordance with the City's Urban
Forestry Ordinance. Any trees removed shall be replaced in accordance
with the Urban Forestry Ordinance.
15. 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, 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. A dense landscape screen along the south and southeast side of the
site to buffer abutting residential uses.
b. An enhanced project entry statement at the projects main drive aisle,
and at the corner of Poway Road and Midland Road.
Resolution No. P -11 -26
Page 8
C. Landscaping, as shown on the concept plan on file with the City, and
irrigation shall be provided contiguous to the project site up to the edge
of the public sidewalk on Poway Road and Midland Road. Additionally
landscaping and irrigation shall be provided along Midland Road south
of the project site to Fairgate Avenue on the strip of public property.
Maintenance of landscaping /irrigation is the responsibility of applicant.
16. After the issuance of permits, all project earth excavation activities shall be
monitored full time by an archeologist. Prior to the issuance of a grading
permit, documentation shall be submitted to the City that demonstrates that
the applicant has secured the assistance of the archeologist.
17. If during earth excavation activities, archeological resources or human remains
are discovered, all work shall be stopped immediately and the City shall be
contacted. The archeologist shall assess the discovery and shall, if deemed
necessary, prepare an action plan to handle the discovery, in full compliance
with all State and federal law.
G. Prior to the issuance of a Building Permit, the applicant shall comply with the
following to the satisfaction of the Director of Development Services:
1. The site plan included with the building plan check shall be consistent with
the approved MDRA site plan on file in the Development Services Department
and the conditions contained herein. The phasing of onsite building
construction and on -site improvements may be allowed subject to the approval
of the Director of Development Services. If phasing is proposed, the applicant
shall submit a phasing plan for review and approval prior to the issuance of
any building permit. The applicant shall comply with the latest adopted building
and fire codes and ordinances in effect at the time of permit issuance.
2. School impact fees shall be paid at the rate established at the time of
Building Permit issuance. Contact the PUSD for additional information.
(Engineering)
3. The site shall be developed in accordance with the approved grading plans on
file with the City and the conditions contained herein. Grading of lots shall be
in accordance with the Uniform Building Code, the City Grading Ordinance,
the approved grading plan, the approved soils report, and grading practices
acceptable to the City.
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 -26
Page 9
5. 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,
the following items shall be submitted:
a. Three copies of certification of line and grade for the V'ot, 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. The applicant shall pay all applicable development impact fees in effect at time
of permit issuance. The current applicable fees are as follows:
Traffic (8,950SF net addition) $29,776
Sewer (8,950SF net addition) $26,116
® Fire Apparatus (8,950SF net addition) $ 695
(Planning)
8. 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.
9. All architectural details shown on the approved MDRA plans shall also be
shown on the building plan check submittal. Any major modifications from
the building and site design details on the approved MDRA plans will require
an MDRA revision and City Council approval.
10. The building plans shall include details for all exterior lighting to demonstrate
conformance with PMC 17.10.150.M, including, but not limited to, reflecting
light downward, away from any road or street, and away from any adjoining
residential development. Lighting shall be maintained in compliance with
City standards by the applicant for the life of the project.
11. Signs proposed for this development shall be approved under a separate Sign
Permit.
12. 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 from adjacent properties, to the satisfaction of
the Director of Development Services.
Resolution No. P -11 -26
Page 10
13. Exterior building materials and finishes shall reflect the approved elevations
on file with the City and the conditions of approval, and shall be noted on the
building plans, to the satisfaction of the Director of Development Services.
14. The existing noise attenuation wall located on the south and southeast
property lines shall be shown on the site plan included with the building plans.
The wall shall be retained and maintained by the applicant for the life of the
project.
15. The provision of a four- foot -high, decorative iron fence along the westerly
property line on Midland Road is to be shown on the site plan included with
the building plans. The fence shall be retained and maintained by the
applicant for the life of the project.
16. Annex properties into LIVID 86 -3B.
K The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
1. The applicant is required to meet all applicable Poway Municipal Code and
California State Fire and Building Codes for this project.
2. The building shall display its numeric address in a manner visible from the
access street. Size of the building numbers shall be 18 inches on the front
fagade 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
Sheriffs Dept. - ASTREA criteria.
3. Fire Sprinklers will be required to be installed into new portions of the
Toyota and Scion Buildings (Buildings 1 and 2) and connected to existing
alarm and sprinkler systems, and shall meet PMC requirements. Provide
note on plans. A separate plan submittal to the Fire Department will be
required for the fire sprinkler design.
4. Spray rooms in Building 3 shall be constructed and designed in accordance
with Section 1504.4 of the California Fire Code and the California Building
Code.
5. All membrane structures (canopies), both temporary and permanent, shall be
constructed_ and designed in accordance with Section 2401.1 of the California
Fire Code. Permanent tents and membrane structures shall also comply with
the California Building Code.
6. Show the locations of the existing (3) fire hydrants located on Midland Road
and Poway Road which are directly adjacent to these 3 parcels on the plan
Resolution No. P -11 -26
Page 11
submittal. Show the location of the (1) onsite fire hydrant on APN 317 - 190 -21
on the plan submittal.
7. 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.
8. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
9. Material Safety Data Sheets shall be required for all hazardous and /or toxic
substances used in each building.
10. An Emergency Contingency Plan and Hazardous Materials Disclosure shall
be filed with the County of San Diego Department of Health and copies
provided to the Fire Department.
11. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
Prior to the issuance of a Certificate of Occupancy:
(Engineering)
1. 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.
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 drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility services
shall be placed underground.
4. An adequate drainage system around the new building pad capable of
handling and disposing all surface water shall be provided to the satisfaction
of the Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to public improvements caused by construction activity from
this project.
6. All applicable easement dedications, encroachment agreements, and
maintenance agreements are to be recorded prior to occupancy.
Resolution No. P -11 -26
Page 12
7. Record drawings, signed by the engineer of work, shall be submitted and
approved by Development Services prior to a request of occupancy, per
Section 16.52.130B 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. All
applicable easements, agreements and right -of -way dedication /vacation
information shall be referenced on the record drawings. At least three
weeks prior to a request for occupancy is recommended.
J. Upon occupancy the applicant shall comply with the following conditions:
1. The parking areas and driveways shall be well maintained.
2. The owner or operator of the facilities 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 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.
4. Noise attenuation walls, as shown on the approved plans on file with the
City, shall be maintained in a state of good repair for the life of the project.
5. Vehicle service and repair hours shall be limited to 7:00 a.m. — 6:00 p.m.,
Monday through Saturday. No service or repair shall be permitted on
Sundays.
6. Onsite parking shall be made available for employees at all times. Based on
information provided by the applicant, 70 employees will be onsite at the peak
employee shift. Accordingly, no less than 70 parking spaces shall be kept
available for employees. If the peak shift of employees is greater than 70,
the applicant shall ensure that extra onsite parking is made available for
employees. Employee parking spaces shall be kept clear of vehicles in
for service or repair, and vehicles that are for sale.
7. Employee parking is prohibited within the nearby residential areas.
Resolution No. P -11 -26
Page 13
8. The applicant shall develop and implement an employee orientation program
that advises employees of the business operation standards established
through this approval.
9. Outdoor lighting shall be shielded to limit light spillage onto adjoining
properties. Any lighting that is on after 11:00 p.m. shall be low- pressure
sodium (LPS). Automatic timers shall be installed on any exterior lighting
that is not LPS to ensure compliance with this standard. Lighting at the rear
of the building shall be turned off at 9:00 p.m. to minimize impacts to the
adjacent residential uses, unless required to be on by building code
requirements.
10. A test drive map for new vehicle test driving and for serviced /repaired vehicle
test driving shall be prepared by the applicant and provided to all sales and
service /repair employees.
11. The applicant shall continue to actively participate in the use of the vehicle
delivery/storage lot established by the City at 13875 Kirkham Way in situations
where vehicle deliveries cannot be achieved fully on the project site, and when
surplus vehicle inventory storage is needed to ensure that adequate onsite
parking is available for employees and customers at the project site.
12. The automated car wash shall not be equipped with any blower style drying
devices, unless the applicant submits a noise study prepared by a qualified
acoustical professional that demonstrates compliance with City noise
standards will be maintained. The addition of blower style drying devices shall
require the approval of an amendment to the project approval.
13. No amplified sound shall be generated by this business. This includes, but
is not limited to, paging, public address, music, or other such devices that
may generate noise audible to the adjacent residential uses.
14. No for sale vehicle or vehicle that is in for service shall be test driven in the
residential areas surrounding the site.
15. All auto repair and service work shall be conducted entirely within the
buildings.
16. The automated car wash shall not be used on Sundays.
17. Auto body activities shall be limited to only those areas in the northerly portion
of Building 3, which consists of three auto body bays, one paint booth, and
one area for frame alignment equipment, as shown on the approved floor
plans on file with the City.
3W
Resolution No. P -11 -26
Page 14
Section 6: The approval of MDRA 10 -33 and MCUP 10 -08 shall expire on
October 4, 2013, at 5:00 p.m., unless, prior to that time, a Building Permit has been issued
and construction has commenced on the property in reliance on this approval has
commenced.
Section 7: 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 October 4, 2011.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 4th day of October 2011.
Don Higginson, Ma
0
A/Troyan, MMC, City Cle
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 -26 was duly adopted by the City
Council at a meeting of said City Council held on the 4th day of October 2011, and that it
was so adopted by the following vote:
J
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
G�
Lj a . Troyan, MMC, City Clerk
City of Poway