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Covenant Regarding Real Property 2013-0445437 : FiE-RECORDEp D�C # ��1 �-���5��� �����������O������������I�I����������5�������������������������SI�:�I�� RECORDING REQUESTED BY: ) ) JUL 17; 2013 11:25 AM CITY OF POWAY ) � � OFFICIAL RECORDS � WHEN RECORDED MAIL TO: ) SAN DIEGO'COUNTY RECORDER'S OFFICE i Emest J. Dionenhu{OJ00�OUNTYREGORDER CITYCLERK j �� FEES: pAGES: 16 ; P WA�Y C A 2074 ) (N � IIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII � ) ) (fhis�space�for Recorder's Use Only) APN: 317-280-74 This document affects Recorded Document No. 2013-0342729 � Re-Record ; Covenant Reqardinq Real Proaertv NO DOCUMENTARY TRANSFER TAX DUE � This document is being recorded to correct errors in Document No. 2013-0342729, ; recorded May 31, 2013, of official records; Tor Investments L.P., property owner. � Document No. 2013-0342729 was recorded with incorrect City of Poway project � numbers in two separate paragraphs. Paragraph three identifies the project number as CUP 12-002. The correct project number is CUP 13-002. Paragraph five identifies the project number as CUP 12-006 and, again, it should be CUP 13=002. � I, Sheila R. Cobian, CMC, City Clerk, declare under penalty of perjury under the laws of the State of California that I am familiarwith the facts stated in the foregoing and that I know the contents thereof to be true and correct. Date: July 15, 2013 �ln � �.S71u�.CN"`J Sheila . Cobian, CMG, City Clerk � � � � � 3-ost � l • [� �'�# ��1 �-������� ,.. � � 00 I � O I �0 I III I� II I 0 I � �0 B I I I I� RECORDING REQUEST BYi ) ) � MAY 31 , 2013 9:30 AM CITY OF POWAY ) OFFICIAL RECORDS �yWHEN RECORDED MAIL TO: ) l� SAN DIEGO COUNTY RECORDER'S OFFlCE 1 Emest J. Dmnen6wg,Jr.,COUNTY RECORDER CITY GLERK � p FEES: 5a.00 CITY OF POWAY ) PAGESs 1� POWAY CA992074-0789 ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIII�IIIIIIIIII�IIIIIIIIIIIIIIIIIIIII 1 (This.space for Recorder's;Use) APN: 317-280-74 COVENANT'REGARDING REAL'PROPERTY Tor Investments L.P., a Califomia limited partnership ("OWNER" hereinafter), is the owner of real property in the Gity of Poway (''PROPERTY'he�einafter)'described as: PARCEL"'B'' OF BOUNDARY ADJUSTMENT GERTIFICATE.OF:COMPLIANCE'80lJNpARY ADJUSTMENT NO. 96-09, RECORDED MAY 18, 1998, AS .INSTRUMENT NO. 98=289014, OFFICIAL REGORDS AS FOL'LOWS: THE EAST:ERLY 250 48 FEET OF P,ARCEL 12.OF PARCEL MAP NO. 16700, W TME CITY OF 'POWAY, COUNTX OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE.GOUNTY REGORDER OF SAN DIEGO, DECEMBER 2, b991'. In conside�ation ofthe approval of Conditional Use,Permit (CUP},12'QQ2 by the Gity of Poway ("GITY" hereinafter), OWNER hereby ag�ees to abide 6y the conditions of approval contained in the attached Resolution{Exhibit A). This Covenant shall run:with thei land and be binding upon�and inure to the,benefit of the future, owners, encumbrances, successors, heirs, personal representatives, t�ansferees and assigns of the �espective parties. In the event that CUP' 13-002, expi�es or is rescinded by City' Council, or the OWNER terminates the use permitted by�the CUP 13-002, upon the; request of the OWNER the CITY shall ezpunge this Covenant from the reco�d title of the PROPERTY"and CUP 12-006 shall be of no further force or effect. I If.either party incurs costs as a result of filing a: civil action to enforce the provisions of this Covenant, the p�evailing party shall be entitled to full reimbursement of all costs, including reasonable attomeys`fees, from the othe�party. ' OWNER: Tor Invesfinents L.P_i. , / � (� � I-f�11 � �rnm�-�'c,i ' �,��7w1.:.�o;T-v.G _.�lX�<.r+,-f_.fa-i-� �'` Sl. I � l 3 ' _" Dated: � � � � `y w*^M^ Nofarize) i Pr,v�;�`� �ts: CITY OF POWAY; I Dated:. 5 � ,�' By: (1''.2%!/ • Ro ert J. Man ','DYe to of velopment Services 1,3-oyY � � CALIFORNIA ALL-PURPOSE ACKPIOWLEDGMENT - - - - - - - �n• ,m,�-.EC� - - - - - -.� ��.�-a� �- �-�- - - - �s� -� State of California 1 County of �10`� �� � �, 1 �H.,�t, On � �� �� before me, �- ` �'vG'� , pa�e Here Insatl Name and Tlle oi�ih O cer / personally appeared � � w1 G` �M-�--^—'-' Name(s)oi Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s�whose name(s3 is/�ce subscribed to the within instrument and acknowledged to me that he/sheltlieq executed the same in his/her/H�eir authorized capacity(i�sj; and that by his/he.r�i4�eir signature(sj on the instrument the person(,s}, or the entity upon behalf of � „�,,. L. RICHARDSON � which the person�-acted, executed the instrument. U COMM:#1989270� � .e - NOTARY PUBLIC-CALIFORNIA� � SAN DIEGO COUNTV � I certify under PENALTY OF PERJURY under the laws cor�u.�cwRessePr.za,2o�s� of the State of California that the foregoing paragraph is , true and correct. WITNESS my, nd and official seal. Signature � �� Place Notary Seal Above $ignature ol Notary Pudic . OPT/ONAL Though the iNOrmation below is not required by law,it may prove valuable to persons relying on the document and could pievent lraudulent removal and reattachment ol this/orm to anothei document � Description of Attached Document Title or Type of Document: Document Date: Number of Pages: � I Signer(s) OtherThan Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signers Name: ❑ Individual ❑ Individual ❑ CorporateOfficer—Title(s): ❑CorporateOfficer—Title(s): ❑ Partner—0 Limited ❑ General ❑Partner—0 Limited ❑ General ❑ Attorney in Fact • � ❑Attorney in Fact • ' ❑ Trustee Top of thumb here ❑Trustee Top of Ihumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: �200]Na�onalNO�aryASw�iatron•93WDeSO�oAVe.,P.O.BOx2402•Chatsworth,CA91313-2402•www.Na4onelNo�ary.org I�emM590] Reortler.Ca0TO14RCO1�800�8]6-682] • Exhibit A • RESOLUTION NO. P-13-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 13-002 AND DEVELOPMENT REVIEW 13-001 ASSESSOR'S PARCEL NUMBER 317-280-74 WHEREAS, Conditional Use Permit (CUP) 13-002 and Development Review (DR) 13-001 were submitted by Hamann Construction, Applicant, to construct an approximate 40,000-square-foot building and establish an indoor firearms shooting facility on a vacant 2.8-acre site located on the north side of Danielson Street, west of Parkway Center Drive, in the Light Industrial (LI) Land Use Designation of the South Poway Specific Plan (SPSP); and WHEREAS, on May 7, 2013, 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) and Mitigated Negative Declaration (MND) were completed for the project. The City Council has considered the MND together with the comments received and considered during the public review process. The MND reflects the independent judgment and analysis of the City Council, has been completed in compliance with the California Environmental Quality Act (CEQA), and is adequate for this proposal. It was determined that with mitigation there is no substantial evidence that the project will have a significant effect on the environment. The City Council hereby adopts the Mitigated Negative Declaration. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 13-002 are made as follows: A. The location, size, design, and operating characteristics of the proposed facility are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the General Plan, and the development policies and standards of the City in that: 1) an indoor firearms shooting range is permitted at this location with a CUP; and 2) the proposed facility has been designed such that it will not result in impacts to the surrounding community since the building will be constructed to ensure that fired ammunition will be contained within the building and noise will be mitigated to comply with City standards. B. The location; size, design, and operating characteristics of the proposed facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the facility has been designed and sited such that it will not result in impacts to the surrounding community as the building will be constructed with improvements to � � � Resolution No. P-13-11 Page 2 ensure that: 1) fired ammunition will be contained within the building and 2) noise will be mitigated to comply with City standards. C. The proposed facility is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the facility will be located within a building that complies with all City development standards. 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 surrounding property characteristics in that the proposed facility will be within a building that has been designed and sited such that it will not result in impacts to the surrounding community. The building will be constructed with improvements to ensure that: 1) fired ammunition will be contained within the building; and 2) noise will be mitigated to comply with City standards. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that the proposed faciliry will generate traffic within the range of other uses permitted in the LI land use area. G. The site is suitable for the type and intensity of use or development that is proposed in that the facility will provide recreational opportunities for the workforce of the Business Park. H. There will not be significant harmful effects upon environmental qualiry and natural resources in that the proposed project will not involve the removal of natural habitat resources and there is no natural habitat in proximity to the subject site. I. There are no relevant negative impacts associated with the proposed facility that cannot be mitigated in that the building will be constructed to ensure that: 1) fired ammunition will be contained within the building; and 2) noise will be mitigated to comply with City standards. J. That the potential impacts, and the proposed location, size, design, and operating characteristics of the facility will not be materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan, in that the building will be constructed to ensure that: 1) fired ammunition will be contained within the building; and 2) noise will be mitigated to comply with City standards. Section 3: The findings, in accordance with Chapter 17.52 PMC for DR 13-001 , are made as follows: A. The project is consistent with the Zoning Ordinance and General Plan in that the new buildings, landscaping and other site improvements are in compliance with � � ' Resolution No. P-13-11 Page 3 City design and development standards. 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. C. The development encourages the orderly and harmonious appearance of structures and property within the City. Section 4: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Section 5: The _City Council hereby approves CUP 13-002 and DR 13-001 to establish a firearms shooting range as shown on the approved plans on file with the City, subject to the following conditions: 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 CUP 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. , C. Within 30 days of the date of this approval, and before the issuance of any permit: (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 Regarding Real Property. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. � � ' � Resolution No. P-13-11 Page 4 E. The conditions of CUP 13-002 shall remain in effect for the life of the subject facility, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. CUP 13-002 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address concerns that may have been raised during the prior year. G. Additional parking for the facility, if needed, may occur on adjoining properties only with the underlying property owner's consent and within improved parking areas. The applicant shall provide notice to the City of any such activity. H. Prior to the issuance of a Grading Permit the applicant shall: (Engineering) 1. The precise grading plan shall be coordinated with Grading Permit G 12-00 T3. 2. Low Impact Development (LID) design features shall be incorporated 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. 3. Submit a precise grading plan for the development prepared on a City of Poway standard sheet at a scale of 1" = 20', unless othervvise approved by the City project engineer. 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 materials as required by Chapter 16.48 PMC shall be submitted. 4. Water Quality Control — Drainage and Flood Damage Prevention A drainage study addressing the impacts of the 100-year storm event prepared by a registered Civil Engineer is to be submitted and approved. The sfudy shalf evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 5. Water Quality Control — Design and Construction The project shall comply with the City's Jurisdictional Urban Runoff Management Program (JURMP) and all applicable state and federal laws. The project is considered a Priority Project and will be subject to the Standard Utban Stormwater Management Plan as outlined in the PMC. A Water Quality Technical Report (WQTR) prepared by a registered Civil Engineer is to be submitted and approved. - � � ' ' Resolution No. P-13-11 - Page 5 a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter ]6.104 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. 6. Water Quality Control — Construction Storm Water Management Compliance The project proposes to disturb an area greater than one acre. Proof of coverage under the General Permit for Discharges of Storm Water Associated with Gonstruction Activity (Construction General Permit, 2009- 0009-DWQ, as amended by order 2010-0014) shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 7. All existing and proposed easements within the project site shall be shown on the grading plans. This shall include an easement for the water main within the project site. 8. 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. 9. 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 City standard form available from the City's project engineer. 10. Construction staking is to be installed. Staking shall be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As applica6le, 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. 11. The project requirements for fire protection call for the installation of one or more fire hydrants and expansion of the public water system necessary to support the installation of the hydrants. A water system analysis for the design of the proposed public water system expansion and fire suppression system shall be prepared. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans. � � Resolution No. P-13-11 Page 6 12. A plat and legal description for a minimum 20-foot-wide water easement shall be submitted to accommodate the public water main on the project site. 13. 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 Department of Development Services Engineering Division for review and approval. The improvement design shall be 100% complete at the time of submittal and ready for approval. The plan shall include, at a minimum, the following features: a. A water main, including fire hydrants, to service the project. b. The sanitary sewer connection to serve the project. c. The abandonment of any existing utility stubs to the project site that are not utilized in this development. d. The existing water stub is to be removed if not used. Removal to be shown on the plans. 14. A public access easement for a sidewalk shall be provided along the property frontage on Danielson Street. The applicant shall submit a legal plat and legal description to the City for review and approval. 15. The applicant shall cause the preparation of plans and the construction of sidewalk improvements within the new public access easement. Improvements shall be designed and 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, the current San Diego Regional Standard Drawings, and the South Poway Specific Plan. As an alternative to providing the sidewalk improvement concurrently with development of the project, the property owner may defer this requirement upon written request. Deferral shall be no later than the time the City commences a Capital Improvement Project to provide sidewalk on this section of Danielson Street. The date that the City intends to install sidewalks on Danielson Street is unknown at this time. The property owner shall also have the ability to, in lieu of providing the sidewalk, pay the City directly for the cost of installing the sidewalk along the property's Danielson Street frontage. The cost is to be determined by the Director of Development Services at the time of commencement of the sidewalk project. (Planning) 1. Prio� to the removal of any onsite tree, a Tree Removal Permit shall be submitted and processed. � � ' � Resolution No. P-13-11 Page 7 2. Landscape and irrigation plans shall be submitted and approved. The landscape and irrigation plans shall demonstrate compliance with the City of Poway landscape and Irrigation Design Manual, Chapters 17.07 and 17.41 PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. The landscape and irrigation plan submittal is a separate sulimittal from other project plan check submittals, and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist, and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. Any landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner. All existing irrigation and landscaping within any designated Landscape Maintenance District (LMD) and Land Development Association areas shall be protected. 3. Use of recycled water will be required for onsite landscape irrigation. Each site shall have a designated user supervisor who has attended the San Diego County Water Authority user supervisor class. The County of San Diego Department of Environmental Health will assess fees for the following activities: a. Site Plan Check $400 avg. costs* b. Shut Down Test "' $320 avg. costs` c. Title 22 Inspection $ 80 avg. costs" *Based on full cost recovery, actual fee amount may vary. "`Shu4 down test is required at initial installation and at least every four (4) years on sites with both recycled and potable water. I. Prior to the issuance of a Building Permit, the applicant shall (Engineering) 1. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department 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. 2. 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-13-11 Page 8 3. 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 projecYs 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 projecYs geotechnical engineer. The certification and report are subject to review and approval by the City. 4. 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 of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 5. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. The current applicable fees are estimated as follows: a. Drainage (Poway Creek 2.68 acres) $25,044 b. 'Water (1" meter) $5,448 c. Traffic (40,OOOSF) $55,440 d. Sewer (40,OOOSF) $34,055 e. Fire Apparatus (40,OOOSF) $1,627.20 'A separate capacity fee to be paid by separate check to the San Diego County Water Authority is required. The fee is based on the meter size ($6,922 for 1" meter). (Planning) 1. The applicant shall comply with the latest adopted building and electric codes, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 2. 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. 3. Provide documentation that building improvements will ensure fired ammunition will' be contained in the building to the satisfaction of the Building Official. 4. The applicant shall submit written verification from an acoustical professional that the detailed building plans that have been submitted to � � ' ' Resolution No. P-13-11 Page 9 the City for approval have been designed to comply with the noise control recommendation of the projecYs Noise Study including the following: a. Minimum sound transmission loss values. � Frequency, Hz Minimum Sound Transmission Loss Values, d6 31 63 125 250 500 1K 2K 4K 10K East Exterior Wall 97 97 97 97 97 97 97 97 97 and Ceilin /Roof West Exterior Wall 94 94 94 94 94 94 94 94 94 North and South 80 SO 80 80 80 80 80 80 80 Exterior Walls b. The interior finish surface of the firearms shooting range walls shall � provide a minimum noise reduction coefficient (NRC) of 0.85 or , higher. This can be accomplished with acoustical baffles, sound ceiling materials or other equivalent materials. The quantity of the absorption materials shall be sized to reduce reverberation time to 0.75 second or less. c. There shall be no windows, skylights or exterior doors in the firearms shooting range area unless compliance with City noise standards is demonstrated. All exterior doors shall be sound rated assemblies with a minimum sound transmission coe�cient (STC) of 60. d. Compression thresholds and weather stripping shall be installed at all exterior doors unless it is demonstrated they are not necessary. e. The buildings heating, ventilation and air conditioning systems, shall be designed to minimize sound transmission from the firearms shooting range. ' The above-specified improvements can be substituted with equally � effective rriaterials, or with alternative construction techniques, as may be approved by the City. Written documentation by a qualified professional on the adequacy of the final building design shall be submitted to the City for review and approval. J. The following shall be complied with to the satisfaction of the Director of Safety Services: 1. The applicant is required to meet all applicable PMC and California State Fire ancl Building Codes for this project. The applicant is encouraged to contact the Division of Fire Prevention at (858) 668-4470 to set up a meeting prior to submitting building plans in order to review project requirements. 2. A water systems analysis is required to establish available fire flow. � � ' Resolution No. P-13-11 . Page 10 3. The addition of onsite fire hydrants is required. The City Fire Marshal shall determine the location of the hydrants. 4. Prior to delivery of combustible building material onsite, water service shall satisfactorily pass all required tests and be connected to the public water 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. 5. Fire Department access for use of firefighting equipment shall be provided to the immediate job construction site at the start of construction and maintained af all times until construction is completed. Access to each phase of development shall be to the satisfaction of the City Engineer and City Fire Marshal. 6. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 7. The building 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. This 20-foot access width is the minimum required for Fire Department emerqencv access. In most cases, Ciry Engineering standards will be more restricting. The more restrictive standard shall apply. The Fire Chief, pursuant to the City of Poway Municipal Code, shall approve the road surface type. 8. An approved fire sprinkler system meeting PMC requirements shall be installed in the building. The building sprinkler system shall be designed to meet minimum design density at the roof per NFPA 13 requirements. The entire system is to be monitored 6y a central monitoring company. Backflow valve assemblies with tamper switches shall be monitored. The City Fire Marshal shall locate these fire protection devices prior to installation. 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. 9. Installing Fire Sprinkler AND Underground Fire Service Contractor(s) shall " obtain a copy of the Fire DepartmenYs "Policies for Automatic Fire Sprinkler Systems." � � ' Resolution No. P-13-11 Page 11 10. A properly licensed contractor shall install an automatic fire alarm system to approved standards. System shall be completely monitored by an Underwriters Laboratories (UL) listed central station alarm company or proprietary remote station. 11. A metal sign with raised letters at least 1 inch (25 mm) in size shall be mounted on all Fire Department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION, or a combination thereof as applicable. Where the Fire Department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served. 12. A Knox Security Key Box shall be required for the building at a location determined by the City Fire Marshal. 13. 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. 14. The building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and be a size between 18 inches (minimum) and 24 inches (maximum). Each building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff Department-ASTREA criteria. 15. A 2A10BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. 16. The applicant shall provide a detailed plan for all storage areas and a complete racking plan, when applicable. 17. Material safety data sheets shall be required for all hazardous and/or toxic substances used in the building. 18. 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. 19. National Fire Prevention Association (NFPA) Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building, when applicable. � , ' Resolution No. P-13-11 Page 12 20. In addition to other ventilation requirements, a Fire Department-approved mechanical ventilation system shall be installed when the indoor storage of vehicles or recreational vehicles occurs. K. Prior to the issuance of a Certificate of Occupancy, the applicant shall: (Engineering) 1. All proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 2. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the developer, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. ' 3. 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. 4. 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. 5. All applicable easement dedications, encroachment agreements, and maintenance agreements are to be recorded prior to occupancy. 6. All work on the approved grading and improvement plans shall be completed. Record drawings signed by the engineer of work, shall be submitted and approved by Development Services prior to a request for occupancy, per Section 16.52.1306 of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. 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. (Public WoYks) 1. Protect existing landscaping within LMD 87-1 on the Stowe Drive slope. Any damage to the irrigation system needs to be repaired within 24 hours by a contractor with a C-27 license. The existing water stub is to be removed if not used. � � ' ' � Resolution No. P-13-11 Page 13 Section 6: The approval shall expire on Mav7, 2015, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the approval has commenced. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of Galifornia, this 7th day of May 2013. . Don Higginson, Mayor ATTEST: I ��� �' � Kristen M. Crane, Interim City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Kristen M. Crane, Interim City Clerk of the City of Poway, do hereby certify, under the penalty of perju .ry, that the foregoing Resolution No. P-13-11, was duly adopted by the City Council at a meeting of said City Council held on the 7th day of May, 2013, and that it was so adopted by the following vote: AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE l� �' V�YV� Kristen M. Crane, Interim City Clerk City of Poway