Covenant Regarding Real Property 2013-0560317RECORDING REQUEST BY:
p CITY OF POWAY
FWHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 317 - 490 -66 and 73
D 0 C# 201 3- 056031 7
IIII 1 III III 11111 IIIII IIII IIIII I 1 IIIII IIIII IIII III III IIII
SEP 10, 2013 4:45 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 64.00
PAGES: 17
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Perry J. Falk, Trustee of 'the Falk Trust dated July 14, 1998 as amended August 5, 2002,
OWNER ( "OWNER" hereinafter), is the owner of real property commonly known as 12740 Poway
Road ( "PROPERTY hereinafter), and more fully described in Exhibit A.
In consideration of the - approval of Conditional Use Permit (CUP) 12 -003 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In the event that CUP 12 -003 expires or is rescinded by City Council, or the OWNER
terminates the use permitted by the. CUP 12 -003, upon the request of the OWNER the City shall
expunge this Covenant from the record title of the PROPERTY and CUP 12 -003 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.
Dated: 3-0 �]
Dated: g Z / F-� By:
M: \p1anning \12report\CUP \CUP 12 -03 Perry Ford\cov.docx
OWNER: Falk
Perry
CITY OF POWAY:
J. Ma
dated July 14, 1998
rize)
ent Services
'b—O W�-
ACKNOWLEDGMENT
State of Califorr}iau��CO )
County of 77
On �U� 2ci before me, ' VAfCj&'k i
` (insert name and title of the officer) ?utp\ �0,
personally appeared �`Qt (C1� �\\e,
who proved to me on the basis of safisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that lie /she /they'executed the same in
his /her /their authorized capacity(ies), and that by his /heritheir 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 hand and official seal.
Signature N�lrGiC) ' (Seai
<s.
LEGAL
Exhibit A
Real Property in the CRY of Poway, County of San Diego, State of Cardbrola, described as follows:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 4078, IN THE CITY OF POWAY,,COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE,OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBEt 12, 1975 AS FILE NO. 75-24013, OFFICIAL RECORDS.
PARCEL B:
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 4078, FRED IN THE OFFICE OF THE
COUNTY REORDER SEPTEMBER 12, 1975 AS FILE NO. 75-248313, OFFICIAL RECORDS, BEING
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST. QUARTER OF SECTION 14,
TOWNSHIP 14 SOUTH, RANGE WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DEW, STATE OF CALIFORNIA, DESCRIBED AS FOLLOW:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3 OF PARCEL MAP N0: 4078;
THENCE ALONG THE NORTHERLY LINE THEREOF, SOUTH M °03'51° FAST, 130.45 FEET;
THENCE SOUTH 1056'09° WEST, 38.00 FEET; THENCE SOUTH 29°38'43° EAST, 9&63 FEET TO A
POINT ON:THE NORTHWESTERLY RIGHT OF WAY OF ROAD SURVEY NO. 1713, KNOWN AS
POWAY ROAD, SAID POINT BEING ON 1,150.00 FOOT RADIUS CURVECONCAVE
SOUnm*TEtLY; THENCE SOUTHWESTERLY ALONG SAID CURVE, FROM A TANGENT BEARING
SOUTH 60. Mr WEST; THROUGH A CENTRAL ANGLE OF S°00'Z9°, A DISTANCE OF 100.52
FEET, THENCE NORTH 41 °3553° WEST, 142.05 FEET; THENCE NORTH 1°56909" EAST, 73.65
FEET To THE POINT OF BEGINNING,
APN: 317 - 490-66.00 and 317= 490.73 -00
Exhibit B
RESOLUTION NO. P -12 -06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY; CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 12 -003 AND
DEVELOPMENT REVIEW APPLICATION 12 -003
ASSESSOR'S PARCEL NUMBERS: 317 - 490 -66 and 73
WHEREAS, a request for approval of Conditional Use Permit (CUP) 12 -003 and
Development Review (DR) 12 -003 has been submitted for Perry Ford of Poway by Perry
Falk, Applicant; and
WHEREAS, the project' is a proposal to demolish the existing 8,900- square -foot
new car sales and administrative office building and 600- square -foot used car'sales office
building, and construct a new two- story, 17,500- square -foot sales and administrative office
building on a two parcel 3.3 -acre site located at 12740 Poway Road, in the Community
Business zone (CB); and
WHEREAS, on July 17, 2012, the City Council voted to continue the public hearing to
August 7, 2012, in order to solicit comments from the public, both pro and con, relative to
this application; and
WHEREAS, on August 7, 2012, 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 was completed for the project. It was
determined that he project will not have a significant adverse impact on the environment.
Therefore, a Negative Declaration (ND) was prepared for the project. The City Council,
finds that all of the potential environmental concerns can be mitigated to a less than
significant level and hereby adopts a Negative Declaration for`the project.
Section 2: The findings, in accordance with Chapter 17.52 of the Poway Municipal Code
(PMC) for DR 12 -003, are made as follows:
A. The project is consistent with the Zoning Ordinance and General Plan in that the
new building, exterior renovation, landscaping, and other site improvements are in
compliance with City design and development standards. The approval of a
Conditional Use Permit for a nonconforming use in the CB zone will permit the
expansion of the existing nonconforming automotive use that includes auto sales,
service and repair. 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 project is in compliance with the Zoning Ordinance in that the proposed uses
are permitted subject to approval of a Conditional Use Permit in the CB zone, and
Resolution No. P -12 -06
Page 2
involves a new building, an exterior enhancement of the automotive repair building,
landscaping, and other site improvements in compliance with City design and
development standards.
D. The development is consistent with the architectural themes used in other
dealerships along.Poway Road.
Section I. The findings, in accordance with PMC Section 17.48.070, for .CUP 12 -003 to
conduct auto service and repair, 'including auto body repair, in the CB 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 17A8 PMC (Conditional Use Permit
Regulations), the Poway Road Specific Plan, the City's General Plan, and the
development policies and standards of the City in thaYthe'.subject use is allowed with
a CUP. The facility has been 'designed and will be conducted such that it will be
compatible with the other'automobile dealerships. Business, operation standards are
included in the CUP 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 detrimental to, adjacent
uses, buildings, structures, or natural resources in that the approval of a CUP permits
the expansion of the nonconforming automotive use, and 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 CUP 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, similar automotive dealerships. The project involves the demolition
of the existing 8;900- square -foot new car sales and administrative office building
and 600 - square -foot used car sales office building, and the construction of a new
two- story, 17,500- square -foot sales and administrative office building. Automotive
sales and auto repair and service that have occurred on the site for over 30 years will
continue under this application. Residential uses are adjacent to the rear of the
business and to minimize impacts to those uses, business operations standards that
minimize - noise: and light are included in the CUP.
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
CUP to minimize impacts on adjacent residential uses.
Resolution No. P -12 -06
Page 3
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.
The project involves the expansion of an automobile dealership sales and
administrative office within the boundary of the existing dealership. The number of
driveways on Poway Road will be reduced from three to two and one of the two will
be widened from 20 to 30 feet. The two access points on Silver Lake Drive will
remain unchanged. While the building will be larger, the estimated 12 additional
employees and associated additional vehicle trips will not be significant and
circulation will not be impacted. Also important to note is the project will result in the
closure of one existing driveway along Poway Road. The reduction of driveways on
Poway Road is a goal of the PRSP to 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.
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. ADA compliant driveway crossings along the site frontage on Poway Road.
2. Installation of landscaping improvements in the right -of- way and on public
property.
3. Installation of a new transit stop shelter on Poway Road.
4. Installation of a new fire hydrant on Silver Lake Drive.
C. In accordance with the Poway General Plan, the project requires the payment of
applicable 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 DR 12 -003 and CUP 12 -003, as shown on
the approved plans on file in 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
Resolution No. P -12 -06
Page 4
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 either of the two 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 by the City.
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.
F. Prior to Grading Permit issuance, the applicant shall complete the following to the
satisfaction of the Director of Development Services:
Resolution No. P -12 -06
Page 5
(Engineering)
1. The 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 prepared on a City of
Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the
City project engineer. Submittal shall be made to the Development Services
Department, 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.
3. The precise grading plan shall include the installation of a fire hydrant on
Silver Lake Drive, and the replacement of all driveways adjacent to Poway
Road along the property frontage.
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 study
shall 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). The project is considered a Priority Project
and will be subject to the Standard Urban 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.
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.
6. Water Quality Control — Construction Storm Water Management Compliance
The project proposes to disturb an area greater than 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
amended by order 2010 -0014) shall be provided to the City along with a copy
of the Storm Water Pollution Prevention Plan (SWPPP).
Resolution No. P -12 -06
Page 6
7. Any private improvements (including Fire Department facilities) 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 submitted prior to Grading Permit
issuance.
8. All existing and proposed easements within the project site shall be shown on
the grading plans.
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 Department of Development Services. The
scheduling request shall be submitted on a City standard form available from
the City's project engineer.
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 shall be completed prior to
Grading Permit issuance. The applicant shall pay for the cost of preparing the
analysis.
(Planning)
12. The locations and sizes of all utility boxes and vaults within street rights -of -way
shall be shown on the grading, improvement and landscaping plans.
13. 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.
14.. 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:
Resolution No. P -12 -06
Page 7
a. A dense landscape screen along the new screening wall on Silver Lake
Drive.
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 Silver Lake Drive. Maintenance of landscaping/
irrigation is the responsibility of applicant.
Although located offsite, the applicant shall continue to work with the
condominium association to the north to ;assist with the replanting of the
vegetative screen, that lies between the rear of the condominium carports and
the Perry Ford of Poway maintenance facility.
15. 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.
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 DR site plan on file in the Development Services Department
and the conditions contained herein. The phasing of onsite building
construction and onsite 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. Please contact the Poway Unified School District at
858 -679 -2570 for additional information
(Engineering)
3. 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,
Resolution No. P -12 -06
Page 8
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.
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, the
applicant shall 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. The applicant shall pay all applicable development impact fees in effect at time
of'permit issuance. The current applicable fees are estimated as follows:
• Traffic (7,501 SF net addition): $24,956
• Sewer: To be calculated at Building Permit issuance
• Fire Apparatus (7,501 SF net addition): $583
(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 DR plans shall also be shown
on the building plan check submittal. Any major modifications from the
building and site design details on the approved DR plans will require a DR
revision and City Council approval.
10. The building plans shall include details for all exterior lighting to demonstrate
conformance with PMC 17.10.150.H; 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.
Resolution No. P -12 -06
Page 9
11. Signs proposed for this development shall be approved under a separate Sign
Permit.
12. A 6- foot -tall, solid visual wall shall be constructed along the length of Silver
Lake Drive and contain solid gates at the two openings. The walls and gates
shall be shown on the site, building and improvement plans. The color and
material shall be compatible with those of the' new'sales office. The wall shall
be retained and maintained by the applicant for the life of the project.
13. 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.
14. 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.
(Public Works)
15. Remove the existing transit bus stop bench and construct a'transit bus shelter.
The location and specifications of the transit bus shelter shall be in
accordance with City Standards and as directed by the City Engineer. The
bus shelter shall be noted on grading, improvement and landscaping plans.
H. The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
1. 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 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 6 inches (minimum) and 18 inches
(maximum). The 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.
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 -12 -06
Page 10
4. The building shall be equipped with an approved fire sprinkler system meeting
PMC requirements. 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 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.
5. Installing Fire. Sprinkler AND Underground Fire Service Contractor(s) shall
obtain a copy of the Fire Department's "Policies for Automatic Fire Sprinkler
Systems ".
6. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit
man door or shall be located inside an enclosed closet with an exterior access
man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser."
When the closet method is chosen, applicant shall provide 36 inches of
clearance from the standpipe or attached additional risers, accessible by a
3' -0" man door.
7. A properly licensed contractor shall install an automatic fire alarm system to
approved standards. System shall be completely monitored by a UL listed
central station alarm company or proprietary remote station.
8. A metal sign with raised letters at least 1 inch (25mm) 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.
9. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
10. 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.
11. Permanent access roadways for fire apparatus shall be designated as "Fire
Lanes" with appropriate signs and curb markings.
12. A 2A10BC fire extinguisher(s) is required for office areas every 3,000 square
feet and 75 feet of travel distance.
13. Material ,safety data sheets shall be required for all hazardous and /or toxic
substances used in each building.
Resolution No. P -12 -06
Page 11'
14. 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.
15. If an elevator is installed, at least one shall be sized to accommodate a normal
hospital gurney. Minimum dimensions for the inside car platform shall meet
the "Medical' size standards per the California Building Code.
16. A hood and duct extinguishing system shall be installed for all cooking
facilities within a kitchen area. Plans to be submitted and approved, prior to
installation.
17. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building, when applicable.
I. Prior to the issuance of a Certificate of Occupancy:
(Engineering)
1. 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.
2. 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.
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 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. It is recommended that record
drawings be submitted at least three weeks prior to the requested occupancy
date.
Resolution No. P -12 -06
Page 12
7. The screening wall on Silver Lake Drive, including gates shall be completed.
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. The screen wall on Silver Lake Drive, 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. Both gates within the screen wall shall remain closed, except to
provide the entrance of employees, the unloading of vehicles, and delivery of
parts and equipment.
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. Sufficient
onsite employee parking shall be provided to accommodate the peak
employee shift. 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.
8. Required employee and visitor parking stalls shall be so labeled by painting
the designation on the asphalt.
9. The applicant shall develop and implement an employee orientation program
that advises employees of the business operation standards established
through this CUP approval.
10. 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
Resolution No. P -12 -06
Page 13
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.
11. All delivery and unloading or loading of new or used vehicles made by
automobile carriers or any other transport shall be made on -site (dealership
premises). All automobile transport carrier vehicles shall enter the site from
Poway Road. All transport vehicle may exit onto Silver Lake Drive and shall
turn southbound toward Poway Road. No delivery and unloading or loading of
new or used vehicles made by automobile carriers or any other transport shall
be made on any public street pursuant to PMC Section 12.26.
12. 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 storage 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.
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. 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.
15. No for -sale vehicle or vehicle that is in for service shall be test driven in the
residential areas surrounding the site.
16. All auto repair and service work shall be conducted entirely within the
buildings.
Section 6: The approval of DR 12 -003 and CUP 12 -003 shall expire on August 7, 2014
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.
Section 7: 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.
Resolution No. P -12 -06
Page 14
PASSED; ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 7th day of August 2012.
Don HHigginson, M
ATTEST:
Lin oyan, MMC, City Clerk
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 -12 -06 was duly adopted by the City
Council at a meeting of said City Council held on the 7th day of August 2012, and that it was
so adopted by the following vote:
AYES: MULLIN, GROSCH, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: BOYACK
n, MMC, City Clerk