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In the event that Conditional Use Permit 14 -003 expires or is rescinded by City Council, or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
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