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Covenant Regarding Real Property 2015-0039085RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074 -0789 APN: 317 - 151 -61 DOC# 2015 - 0039085 111111 VIII VIII VIII IIII 111111 Ilill 11111 11111 11111 11111 11111 1111 1111 Jan 29, 2015 09:42 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES: $51.00 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Ewing Irrigation Products, Inc., a Nevada Corporation ( "OWNER" hereinafter), is the owner of real property commonly known as 12270 Oak Knoll Road ( "PROPERTY hereinafter), and more fully described as: Parcel 1 of Parcel Map No. 16072, in the City of Poway, County of San Diego, State of California filed in the Office of the County Recorder of San Diego County, May 2, 1990. In consideration of the approval of Conditional Use Permit 14 -003 by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in the attached Resolution (Exhibit A). 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 In the event that Conditional Use Permit 14 -003 expires or is rescinded by City Council, or the OWNER terminates the use permitted by Conditional Use Permit 14 -003, upon the request of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY and Conditional Use Permit 14 -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: Its: CITI Dated: %� 8 By: Ewing Irrigation Products, Inc. (Notarize) >ervices RESOLUTION NO. P -14 -15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 14 -003 AND DEVELOPMENT REVIEW 14 -003, ASSESSOR'S PARCEL NUMBER 317 - 151 -61 WHEREAS, Conditional Use Permit (CUP) 14 -003 and Development Review (DR) 14 -003 propose to establish an irrigation supply store with outdoor storage and construct a 3,314- square -foot warehouse addition to an existing, vacant, commercial building at 12270 Oak Knoll Road, located within the Community Business (CB) zone and the Poway Road Specific Plan area; and WHEREAS, on November 18, 2014, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The proposed project is Categorically Exempt as a Class 32 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the 2014 CEQA Guidelines, in that the project involves in -fill development which is consistent with the applicable General Plan designation and all policies, as well as with applicable zoning designation and regulations; the project site is less than five acres in size and surrounded by urban uses; the project site has no value as habitat for endangered, rare or threatened species; the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 14 -003 to establish an irrigation supply store with outdoor storage and construct a 3,314- square -foot warehouse addition to an existing, vacant, commercial building at 12270 Oak Knoll Road are made as follows: A. The proposed location, size, design, and operating characteristics of the irrigation supply store is in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the Poway General Plan, and the development policies and standards of the City, in that a retail store with warehousing is allowed with the approval of a Conditional Use Permit. B. The location, size, design, and operating characteristics of the irrigation supply store will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, buildings, or structures in that the activities will be conducted within a building except for an outdoor storage area which will be Resolution No. P -14 -15 Page 2 screened from view from the street and neighboring properties by a fence and gate. C. That the harmony in scale, bulk, coverage and density of the irrigation supply store is consistent with adjacent uses. D. There are adequate public facilities, services and utilities available at the subject site to serve the irrigation supply store. No new utilities are proposed. E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the irrigation supply store is located within an existing building that will be enlarged and the outdoor storage area will be screened from view by fencing. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and /or the Circulation Element of the General Plan. The business would provide adequate off - street parking for cars. G. The site is suitable for the type and intensity of the proposed development in that the irrigation supply store is in an area with other businesses that have outdoor storage and is appropriate to the purpose of the CB zone, in which the site is located, with the approval of a Conditional Use Permit. H. There will not be significant harmful effects upon environmental quality and natural resources in that the irrigation supply store would be contained within an existing building that will be enlarged and the outdoor storage will not impact the nearby creek. I. There is no relevant negative impact associated with the operations of the irrigation supply store. J. The potential impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the irrigation supply store and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan or the Poway Road Speck Plan, in that associated activities will be conducted primarily indoors and any outdoor storage will be screened from view from neighboring development and street. K. The proposed irrigation supply store with warehousing and outdoor storage will comply with each of the applicable provisions of the Zoning Ordinance and the Poway Road Specific Plan area. Resolution No. P -14 -15 Page 3 Section 3: The findings for DR 14 -003, in accordance with Section 17.52.010 of the Poway Municipal Code (PMC) Purpose of Development Review, are made as follows: A. That the addition to the commercial building area has been sited to minimize landform alteration and the outdoor storage will incorporate screening consistent with that of a neighboring property, and conform to City zoning and grading standards. Therefore, the proposed use respects the interdependence of land values and aesthetics to the benefit of the City; and B. That the approved project will not have an adverse effect on the aesthetics, health, safety, or architecturally - related impact upon adjoining properties, as the addition has been designed to incorporate architectural elements and colors contained within the existing structure, and the chain link fence with slats is similar to the fence used on a neighboring property. Therefore, the proposed design, size, and scale of the project is compatible with and will not adversely affect, or be materially detrimental to, adjacent uses, residents, buildings, structures, or natural resources; and C. That the granting of the DR would not be materially detrimental to the public health, safety, or welfare since the proposed use will complete improvements necessary for the addition and the development within the 100 -year flood plain will comply with floodplain development regulations; and D. That the project has been designed to minimize impacts on the surrounding community by the outdoor storage being located towards the rear of the site and screened from view by buildings and the use of a chain -link fence with slats. Therefore, the proposed development respects the public concerns for the aesthetics of development; and E. That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan because it will meet all development requirements; and F. That the proposed development will comply with each of the applicable provisions of the Poway Road Specific Plan, the Zoning Ordinance and the General Plan. Section 4: The findings, pursuant to Government Code Section 66020, for the public improvements for CUP 14 -003 and DR 14 -003 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. Resolution No. P -14 -15 Page 4 B. In accordance with the Poway General Plan, the project requires the payment of fire apparatus and traffic 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 CUP 14 -003 and DR 14 -003, as shown on the approved plans on file with the City, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this CUP and DR 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, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. E. The conditions of CUP 14 -003 and DR 14 -003 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. CUP 14 -003 and DR 14 -003 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. Resolution No. P -14 -15 Page 5 G. 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. H. The applicant shall obtain a Building Permit prior to construction. Prior to issuance of a Building Permit, the applicant shall comply with the following: (Planning) 1. The applicant shall comply with the latest adopted building and electric codes, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 2. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. 3. 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. 4. All architectural details shown on the approved CUP /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 CUP /DR plans will require a DR revision and City Council approval. The gates to the outdoor storage area shall be located so to minimize the view of the stored items when the gates are open to the satisfaction of the Director of Development Services. 5. The building plans shall include elevations and cross sections that show all roof appurtenances, including air conditioning, architecturally integrated, screened from view, and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. 6. 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, removal of the tree shall be delayed until such time as the nest(s) have been abandoned. 7. Landscape and irrigation plans shall be submitted and approved. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, Resolution No. P -14 -15 Page 6 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. Irrigation, and plant sizes and species for new and revised landscape planters. b. The landscape plan shall provide for tree replacement as required by a Tree Removal Permit. 8. The building plans shall show the proposed screening of the outdoor storage area along the property lines and the gate and fence along the front of the building. (Engineering) 9. All spoil materials from footings and foundations shall be legally disposed of offsite unless a Grading Permit for placement of the materials is obtained from the Department of Development Services — Engineering Division prior to placement or the applicant has received verification from the Department in writing that no permit is required. 10. 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. 11. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. Listed below are the current applicable fees and amounts: a. Fire Apparatus (3,040 SF net increase) $ 236.09 b. Traffic (3,040 SF net increase) $10,114.00 12. A minimum cash security for erosion control for $2,000 is required. 13. 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. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. Resolution No. P -14 -15 Page 7 14. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life. 15. A water system analysis for the design of the fire sprinkler system shall be completed prior to building permit issuance. The applicant shall pay for the cost of preparing the analysis. 16. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. The current fee amount is $2,636. 17. Some of the proposed improvements are located within a regulated floodplain. A Floodplain Development Permit shall be approved and issued prior to building permit issuance. All applicable fees shall be paid prior to floodplain permit issuance. I. 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 PMC 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. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. A minimum 20 -foot fire lane shall be maintained on the west and north sides of the project. A minimum 16 -foot fire lane shall be maintained on the east side of the project. 4. Roof covering of existing building and addition shall be fire retardant as per PMC 15.04.050, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 5. The existing building and addition 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. Resolution No. P -14 -15 Page 8 6. Installing Fire Sprinkler AND Underground Fire Service Contractor(s) shall obtain a copy of the Fire Department's "Policies for Automatic Fire Sprinkler Systems." 7. Fire sprinkler riser(s) shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." The applicant shall provide 36 inches of clearance from the standpipe or attached additional risers, accessible by a T -0" man door. 8. 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. 9. 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. 10. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. 11. 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 meeting City requirements. 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. 12. A 2A10BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. 13. The applicant shall provide a detailed plan for all storage areas and a complete racking plan, when applicable. 14. Material Safety Data Sheets shall be required for all hazardous and /or toxic substances used in each building. 15. 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. Resolution No. P -14 -15 Page 9 16. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building, when applicable. 17. In addition to other ventilation requirements, a Fire Department- approved mechanical ventilation system shall be installed when the indoor storage of vehicles or recreational vehicles occurs. J. 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. 2. Landscaping shall be installed per the approved landscape plan. 3. Screening shall be provided of the outdoor storage area per the approved plans and as needed to screen the outdoor storage from view from the street or adjoining properties to the satisfaction of the Director of Development Services. (Engineering) 4. Any extension of proposed or existing utilities required to serve the project shall be installed underground. 5. The drainage facilities, driveway, and all utility services shall be installed, and completed by the property owner, and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground. 6. An adequate drainage system shall be provided around the new building pad capable of handling and disposing all surface water to the satisfaction of the Engineering Inspector. 7. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public improvements caused by construction activity from this project. K. Upon establishment of the outdoor storage and use of the additional warehouse space, pursuant to CUP 14 -003 and DR 14 -003, the following shall apply: (Planning) 1. The outdoor storage area shall be confined to the area depicted on the approved CUP /DR Site Plan and shall be screened from view from adjoining properties and from the street at all times to the satisfaction of Resolution No. P -14 -15 Page 10 the Director of Development Services. The outdoor storage shall not exceed six feet in height. The gate to the outdoor storage area shall be operated so to minimize the view of the stored items to the satisfaction of the Director of Development Services. 2. Materials, supplies, minor equipment and minor incidental activities shall not cause any objectionable noise, smoke, odor, dust, noxious gas, vibration, glare, heat, fire hazards, or any other objectionable materials to emanate from the property. 3. The owner or operator of the store shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 4. The store shall be operated in such a manner as to minimize any possible disruption caused by noise, and shall comply with the noise standards contained in Chapter 8.08 PMC. At no time shall equipment noise from any source exceed the noise standards contained in the Poway Municipal Code. No loudspeaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance, including telephone, electric bell, or chime system. 5. All landscaping onsite and 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. The 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. 6. The parking areas, driveways and landscape areas shall be well maintained. Section 6: The approval of CUP 14 -003 and DR 14 -003 shall expire on November 18, 2016, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP /DR approval has commenced prior to its expiration. 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 -14 -15 Page 11 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 18th day of November, 2014. Don Higginson, Mayor ATTEST: �4sYVo xn to(*� Sheila 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 -15 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of November, 2014, and that it was so adopted by the following vote: AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE "AIK,UR) Sheila obian, CMC, City Clerk City of Poway Acknowledgment for Individual State of Arizona County of / I' !(�l,P l;y m t. The foregoing instrument was acknowledged bef re me th' a `7 day of l y , by • O (person). NOTARY Print Name: M . (WA a kt\. My Commission Expires: OFFECIN. SEAL MUM M. WRHAM Nast' PAk - sue of Mmm UAFW0PA COLWY w/ Case. Eps"I1, 2015