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In the event that DR 13 -003 and VAR 13 -001 expire or are rescinded by City Council,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