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Covenant Regarding Real Property 2014-02838171 , Q RECORDING REQUEST BY: ��nv` CITY OF POWAY WHEN RECORDED MAIL TO CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 317 - 101 -01 / DR 13 -003 and VAR 13 -001 D O C# 201 4- 028381 7 111111111111 IIII IIIII I I IIIII IIIII 11111111111111111111111111111 IN JUL 08, 2014 4:56 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 61.00 PAGES: 16 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Neighborhood Healthcare, Property Owner ( "OWNER" hereinafter), is the owner of real property described in Exhibit A, which is attached hereto and made a part hereof, and which is commonly known as 13010 Poway Road ( "PROPERTY" hereinafter). In consideration of the approval of Development Review (DR) 13 -003 and Variance (VAR) 13 -001 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 In the event that DR 13 -003 and VAR 13 -001 expire or are rescinded by City Council, or the OWNER terminates the use permitted by DR 13 -003 and VAR 13 -001, upon the request of the OWNER, the City shall expunge this Covenant from the record title of the PROPERTY and this DR 13 -003 and VAR 13 -001 shall be of no further force or effect. If either party incurs costs as a result of filing a civil action to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. OWNER: Neighborhood Healthcare Dated: o "a3 — 201 V By: �(��IA�� �11 m � (Notarize) Its: Cc'0 CITY OF POWAY \ t Dated: Ll9Ll`r By: / ~t- L55a:R5- F�Dbert J. Manis, Director of Development Services Wplanning \14 Reports \VAR \Neighborhood Health Clinic \cov.docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE State of California County of On ` before me, n n �. r�i( (mil�lQ S r�YI Date Here Insert Name and�e of the Officer A 9 p fir, personally appeared r a eat I Name(s) of Signer(s) LYNN O IAVKOWSKI Commission N 2043903 Notary Public - California San Diapo County who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Comm. Ex ues Oct 31 2017 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my n and Iclal seal. Place Notary Seal Above Signature* Signature of otary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: CJ Corporate Officer — Title(s): E Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: e,2d4" G' �/0�+% mG\ L "'' ✓i�v G` :2 \e�G \`•_� .G \?!� ✓hyG,✓G ✓G,�G�' ✓i`d2 " ✓2 "e✓� -a' 0 1• • \Y• • • • IVA • • :1 y • :1 1 .: • IG EXHIBIT "A" PARCEL 1: PARCEL 1 AS SHOWN ON A PARCEL MAP FILED IN BOOK OF PARCEL MAPS AT PAGE 1375 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, ON MARCH 8, 1973, BEING A PORTION OP THE WESTERLY 272.00 FEET OF THE SOUTHERLY 370.02 FEET OF TEE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO EASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER, ALONG AND ACROSS THE WESTERLY 10.00 FEET OF PARCEL 2 OF SAID PARCEL MAP NO. 1375. EXCEPTING THEREFROM THE SOUTHERLY 50.00 FEET. Assessor's Parcel Number. 317 -101 -01 Page 2 RESOLUTION NO. P -14 -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW 13 -003 AND VARIANCE 13 -001 APN: 317 - 101 -01 WHEREAS, on February 11, 2011, Neighborhood Healthcare received City Council approval of Development Review (DR) 09 -03 and Variance (VAR) 09 -05 to construct an 8,509- square -foot medical center on a vacant property located at 13010 Poway Road, within the Mixed Use (MU) zone and Poway Road Specific Plan (PRSP) area, and to: (1) allow a 10 -foot street side yard setback where 20 feet is required, and (2) omit an 8- foot -high wall required along the west and north property lines shared with residentially -zoned properties; and WHEREAS, Neighborhood Healthcare is requesting approval of DR 13 -003 and VAR 13 -001, for a revision to the previously approved DR and re- approval of the Variance described above to allow the applicant additional time to complete the grading and building permit processes for the expansion; and WHEREAS, on June 17, 2014, 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: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 32 Categorical Exemption, pursuant to Section 15332 of the 2014 CEQA Guidelines, in that it is for an infill project that is on a property less than 5 acres in size surrounded by urban uses and without any natural habitat, is consistent with the General Plan and zoning designation and regulations with the exception of setback and wall variances for which findings can be made, and can be adequately served by all required utilities and public services. Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code (PMC), to approve Variance 13 -001 to: (1) observe a 10 -foot street side yard setback where 20 feet is required, and (2) omit an 8- foot -high wall required along the east and north property lines shared with residentially -zoned properties are made as follows: A. There are special circumstances applicable to the property and because of this the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. The special circumstances include: (1) The access easement that exists along the east property line can be used as a commercial driveway only and not as a road due to topography, and, therefore, measuring the setback from this easement would be excessive and unnecessary; and (2) the topography and separation of the subject property and project development relative to the usable portions of adjacent residential properties negates the screening purpose of an 8- foot -high wall on the subject property; and Exhibit B Resolution No. P -14 -03 Page 2 B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in that: (1) measuring a setback from an access easement that can only serve as a commercial driveway unnecessarily reduces the developable portion of the property; and (2) providing an 8- foot -high wall on the subject property would be excessive since it would not serve a screening purpose from adjacent residential properties; and C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that: (1) providing a 10 -foot setback from the easement limit will provide adequate visual and functional separation from the adjacent commercial property; and (2) the difference in topography, and the separation between the clinic development and the usable portions of the adjacent residentially -zoned properties will provide adequate buffering between the clinic property and adjacent residentially zoned properties, and providing a wall would unnecessarily detract from the visual qualities of the landscaping on the slopes to the west and north; and D. Granting of this Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that: (1) the 20- foot - setback measured from the property line is consistent with standard side yard setback requirements for the MU zone, and (2) the difference in topography, distance between the usable portions of the adjacent residentially -zoned properties and the clinic development, and existing and proposed landscaping will adequately buffer the commercial and residentially - zoned properties; and E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the MU zone because a medical clinic is permitted by right; and F. The proposed Variance will be compatible with the City's General Plan because the use is permitted and does not result in a density increase. Section 3: The findings, in accordance with Chapter 17.52 PMC, to approve of DR 13 -003, are made as follows: A. The building has been sited to minimize landform alteration, has been designed to minimize impacts on the surrounding community by utilizing a low- profile architectural design, and earth -toned wall and roof materials, and conforms to City zoning and grading standards. Therefore, the proposed project respects the interdependence of land values and aesthetics to the benefit of the City. B. The proposed building will not have an adverse health, safety or aesthetic impact upon adjoining properties in that the project complies with the design standards contained in the PRSP for the MU zone and is in compliance with all City development standards, except for the setback for street side yard and not providing a wall along the west and north property line, for which a Variance can be supported. Resolution No. P -14 -03 Page 3 C. The project is in compliance with the Zoning Ordinance in that the proposed medical clinic use is permitted in the MU zone, will provide landscaping and other site improvements in compliance with City design and development standards, and a Variance can be supported for a reduced building street side yard setback and not providing a wall along the west and north property line. D. The development encourages the orderly and harmonious appearance of structures and property within the City. Section 4: The findings, in accordance with Government Code Section 66020 for the public improvements, are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve this project. B. The construction of public improvements are needed as a result of the proposed development to protect the public health, safety, and welfare as identified below and further described in the conditions of approval: 1. Curb, gutter and sidewalk replacement along Poway Road. 2. One onsite fire hydrant and associated public water system will be provided to the satisfaction of the Fire Marshal. 3. Closure of an unnecessary driveway. 4. Construct a new bus bench and a 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 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 6: The City Council hereby approves DR 13 -003 and VAR 13 -001, 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, Resolution No. P -14 -03 Page 4 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 DR and VAR request 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 or before submittal of a Building Permit application, whichever occurs first, the applicant shall submit in writing that all conditions of approval have been read and understood. D. 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. E. Proposed signage shall be in accordance with the Poway Sign Ordinance; the necessary permits and approvals shall be obtained for any signage proposed prior to installation. F. Prior to Grading Permit issuance, the applicant shall complete the following to the satisfaction of the Director of Development Services: (Engineering) 1. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 2. 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 is required for final design of the proposed public water system expansion and shall be completed prior to the issuance of a Grading Permit. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans. 3. 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 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. All existing and proposed easements within the project site shall be shown on the grading plans. Resolution No. P -14 -03 Page 5 4. 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) and all applicable state and federal laws. The project is considered a Priority Project and will be subject to the Standard Urban Stormwater Management Plan (SUSMP) as outlined in the Poway Municipal Code. 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 one acre. Proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2009 - D009-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. 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. 8. Any existing and proposed public easements shall be depicted on the grading plans. Any proposed public easement dedications shall be submitted prior to grading permit issuance. 9. 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. Resolution No. P -14 -03 Page 6 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. 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. The plan shall include, at a minimum, the following features: a. A water main, including fire hydrants, to service the project. b. Driveway installation in full compliance with ADA requirements; and installation of curb, gutter and sidewalk along the project frontage on Poway Road. C. Extend existing median in Poway Road, to the satisfaction of the City Engineer, to restrict left turn movements as a result of driveway closure, including the following: extend the existing left turn pocket on eastbound Poway Road by approximately 50 feet to the east. The existing median on the east side shall be redesigned to restrict eastbound left turn movement from the site. Signing and striping should be revised to match the reconfiguration. d. Install bus stop improvements, including a new shelter, bench and trash receptacle to City specifications. The sidewalk adjacent to the bus stop shall be in full compliance with ADA requirements. e. The sanitary sewer connections to serve the project. 13. 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. (Planning) 14. The locations and sizes of all existing and proposed utility boxes and vaults within street rights -of -way shall be shown on the grading and improvement plans. Resolution No. P -14 -03 Page 7 15. A five -foot landscaped area shall be provided between the retaining walls exceeding six feet in height. 16. Landscape and irrigation plans shall be submitted. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, the PRSP, and all other applicable standards and ordinances in effect at the time of landscape and irrigation plan submittal. The landscape and irrigation plan submittal is separate from other project plan check submittals, and is made to the Planning Division. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. To the satisfaction of the Director of Development Services, the landscape plans shall also provide the following: a. Tree and shrubs to provide a vertical relief of the east building elevation. b. The area between the parking lot and neighboring residential properties shall be landscaped with ground cover, shrubs, and trees to the satisfaction of the Director of Development Services. C. Screening of utility boxes greater than three feet in any dimension. 17. Approval of a Tree Removal Permit shall be obtained prior to removal of any trees. In addition, prior to removal of any trees during the recognized nesting season for raptors, a qualified professional shall evaluate the subject trees for nests and report the findings, in writing, to the City. Should a nest be located, the tree removal shall be delayed until such time as the nest(s) has been abandoned. G. Prior to construction, the applicant shall obtain a Building Permit. Prior to issuance of a Building Permit the applicant shall comply with the following: 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 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 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. 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 project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Three (3) copies of certification of line and grade for the lot, prepared by the engineer of work. Resolution No. P -14 -03 Page 8 b. Three (3) 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. 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. 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. A separate capacity fee to be paid by separate check to the San Diego County Water Authority will be required if the requested meter size is larger than the existing meter. 6. The public improvement plan shall be approved. The applicant shall enter into a Standard Agreement for Public Improvements for the work to be done as part of the public improvement plan. The applicant will be responsible for posting securities for public improvements in accordance with the Chapter 16.20 PMC. (Planning) 7. The site plan included with the building plan check shall be consistent with the approved site plans on file in the Development Services Department and the conditions contained herein. 8. The applicant shall comply with the latest adopted Uniform Building Code, National Electric Code, Chapter 17.07 PMC, and all other applicable codes and ordinances in effect at the time of permit issuance. 9. The applicant shall contact the Poway Unified School District (858) 679 -2570 to verify if school impact fees are required. If required, the fees shall be paid at the rate established at the time of Building Permit issuance. 10. All architectural details shown on the approved DR plans shall also be shown on the building plan check submittal. Any major modifications to the building or site design details on the approved DR plans will require a DR revision and City Council approval. 11. Exterior building materials and finishes shall reflect the approved elevations on file with the City and these conditions of approval, and shall be noted on the building plans to the satisfaction of the Director of Development Services. 12. Obtain approval of the landscape plans submitted for the grading plan review. 13. The building plans shall include details for all exterior lighting to demonstrate conformance with PMC 17.10.150.1-1, including, but not Resolution No. P -14 -03 Page 9 limited to, reflecting light downward, away from any road or street, and away from any adjoining residential development. The light fixtures shall conform to the design standard established for the Mixed Use Zone. 14. The building plans shall include elevations and cross sections that show all new roof - mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view and sound buffered from adjacent properties, to the satisfaction of the Director of Development Services. 15. The building plans shall indicate the location of the trash enclosure and gate details consistent with City standards for trash enclosures. H. Prior to occupancy, 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. 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. 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 at 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 emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall Resolution No. P -14 -03 Page 10 apply. The Fire Chief, pursuant to the PMC, shall approve the road surface type. 8. An approved fire sprinkler system, meeting PMC requirements, will be required to be installed. 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 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. 9. Installing Fire Sprinkler AND Underground Fire Service Contractor(s) shall obtain a copy of the Fire Department's "Policies for Automatic Fire Sprinkler Systems." 10. A properly licensed contractor shall install an automatic fire alarm system to approved standards. The system shall be completely monitored by a UL listed central station alarm company or proprietary remote station. 11. A metal sign with raised letters at least one 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 of a size between 18- inches (minimum) and 24- 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. 15. A 2A10BC fire extinguisher(s) is 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. Resolution No. P -14 -03 Page 11 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. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building, when applicable. I. Prior to issuance of the Certificate of Occupancy: 1. The site shall be developed and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. (Engineering) 2. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. 3. The 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. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130 of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. At least three weeks prior to a request for occupancy is recommended. All other final reports and agreements, as outlined in Section 16.52.130 of the Grading Ordinance are to be approved. (Planning) 7. All plantings shall be installed and the automatic irrigation system shall be operational pursuant to the City of Poway Landscape and Irrigation Design Manual and the approved landscape plans. Resolution No. P -14 -03 Page 12 8. Sign and execute a covenant agreeing to provide a reciprocal access easement to the neighboring property to the east to allow future internal vehicular and pedestrian access to be constructed and maintained between the parking lots of the two properties. The location of the future access easement shall be subject to approval by the Director of Development Services and shall not result in the elimination of more than three parking spaces unless agreed upon by the property owner and the City. The covenant shall be drafted by the applicant/developer and is subject to review and approval by the Director of Development Services. J. Upon occupancy the applicant shall comply with the following conditions: 1. All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 2. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 3. All landscaping, including areas within the adjacent public right -of -way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the approved landscape plans and requirements of the City of Poway Landscape and Irrigation Design Manual. Trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface. Section 7: The approval of Development Review 13 -003 and VAR 13 -001 shall expire on June 17, 2016, at 5:00 p.m., unless prior to that time, a Building Permit has been issued and construction on the property has commenced prior to its expiration. Section 8: 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 June 17, 2014. Resolution No. P -14 -03 Page 13 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 17th day of June 2014. "D - T � • Wo Don Higginson, Mayor ATTEST: )& �-R. M(�K�— Sheil Cobian, CMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P -14 -03 was duly adopted by the City Council at a meeting of said City Council held on the 17th day of June 2014, and that it was so adopted by the following vote: AYES: VAUS, MULLIN, GROSCH, HIGGINSON NOES: NONE ABSENT: CUNNINGHAM DISQUALIFIED: NONE Sheila R. Cobian, CMC, City Clerk City of Poway