Covenant Regarding Real Property 2015-0068960RECORDING REQUEST BY:
I to r CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 323 - 203 -18 & 19
DOC# 2015 - 0068960
1 111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII
Feb 17, 2015 01:05 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $57.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
MLGP &L, LLC, a California limited liability company, ( "OWNER" hereinafter), is the owner of
real property commonly known as 13917 Courier Way and 13956 Poway Road ( "PROPERTY
hereinafter), and and more fully described in the legal description attached hereto as Exhibit A and
made a part hereof.
In consideration of the approval of Minor Conditional Use Permit (MCUP) 14 -001 and
Development Review (DR) 14 -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In the event that MCUP 14- 001 /DR 14 -001 expires or is rescinded by City Council, or the
OWNER terminates the use permitted by MCUP 14- 001 /DR 14 -001, upon the request of the OWNER
the City shall expunge this Covenant from the record title of the PROPERTY and MCUP 14 -001/
DR 14 -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: MLGP &Lr LLC
Dated:
(N e) Mark Donald Abelkop
Dated:
(Notarize)
C CITY OF PO AY:
Dated: ✓ By:
ob rt J. Manis, Dir ct o Dev op ent Services
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of�.l n
On - /o! -CRZ)
Date
personally appeared
Name(s) of Signer(s)
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/herAheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
JANA DEE MILLER t'
C ton s 2019071
Notary Mic •California
tart' P Po
San Diep County
Comm, E¢pkea r , 2017
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS official seal.
Signature
Signature of Notary 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:
• Corporate Officer — Title(s):
• 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
fl Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907
i
Or �,
Exhibit A
PARCEL 1:
The northerly 150.00 feet of the southerly 400.00 feet of the westerly 155.00 feet of the easterly 670.00 feet
of the easterly 50 Rods of Lot 2 in Section 18, Township 14 South, Range 1 West, San Bernardino Base and
Meridian, in the City of Poway, County of San Diego, State of California, according to the Official Plat thereof.
PARCEL 2:
The northerly 150.00 feet of the southerly 400.00 feet of the westerly 185.00 of the easterly 515.00 feet of Lai
2 in Section 18, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the County of San
Diego, State of CaGfomia, according to the Offdal Plat thereof.
Exhibit B
RESOLUTION NO. P -14 -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 14 -001
AND DEVELOPMENT REVIEW 14 -001
ASSESSOR'S PARCEL NUMBERS: 323 - 203 -18 and 323 - 203 -19
WHEREAS, a request for approval of Minor Conditional Use Permit (MCUP)
14 -001 and Development Review (DR) 14 -001 has been submitted by Mark
Abelkop /MLGP &L, LLC, Applicant; and
WHEREAS, the project is a proposal to construct an automobile inventory
storage lot on a vacant two - parcel site located at 13956 Poway Road and 13917
Courier Way, within the Automotive /General Commercial zone (A/GC) zone, and
WHEREAS, on October 21, 2014, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application, and
WHEREAS, on October 21, 2014, the City Council voted to continue the public
hearing to December 16, 2014, in order to address concerns raised in response to
testimony from the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway, as follows:
Section 1: The findings, in accordance with Chapter 17.52 of the Poway Municipal
Code (PMC) for DR 14 -001, are made as follows:
A. The project has been designed to be compatible with surrounding development
through the construction of a perimeter screening wall and landscaping intended
to provide privacy to neighboring properties. The project does not include the
construction of any buildings and the proposed lighting will be located towards
the center of the site to minimize any lighting impacts. Trees will be planted along
the storage lot side of the wall to provide additional screening. The project
conforms to City zoning and development standards. Therefore, the project
respects and recognizes the interdependence of land values and aesthetics to
the benefit of the City.
B. The project has been designed to minimize impacts on the surrounding
community by utilizing screening walls and landscape trees in the design that is
consistent with surrounding development. Lighting will be located towards the
center of the site to minimize any lighting impacts and will include cut -off glare
shields. The height of the screen walls, the planting of trees and the minimal light
impacts including turning off all lighting in the storage lot at 10:00 p.m. each
night, is intended to respect the public concerns for the aesthetics of
development, and encourages the orderly and harmonious appearance of
structures and property within the City.
Resolution No. P -14 -13
Page 2
C. The granting of DR 14 -001 would not be materially detrimental to the public
health, safety or welfare within the community since the proposed development
will complete improvements necessary for the new storage lot. The project does
not include the construction of any buildings on the site and will be only used as
a storage lot. Site improvements include a screening wall with trees planted on
the storage lot side of the wall. Lighting will be installed towards the center of the
storage lot. All lighting will be turned off at 10:00 p.m. each night.
D. The project has been designed to be compatible with development in the
surrounding community by utilizing exterior masonry wall materials consistent
with the existing development. Therefore, the proposed development respects
the public concerns for the aesthetics of development.
E. The project will not have an adverse effect on the aesthetics, health and safety,
or an architecturally - related impact upon adjoining properties, as the project has
been designed to be compatible with development in the surrounding community
by utilizing a new screen wall, planted trees on the storage side of the wall. The
project does not include the construction of any new building; therefore, the
improvements would be consistent with nearby development.
F. The design and improvements of the proposed storage lot are consistent with all
elements of the Poway General Plan, as well as the project conforms with the
provisions of the Zoning Code in that the proposed uses are permitted subject to
approval of a Minor Conditional Use Permit (MCUP) in the Automotive /General
Commercial (A/GC) zone, and involves the construction of a new storage lot,
masonry perimeter walls, lighting and landscaping, and other site improvements
in compliance with City design and development standards.
Section 2: The findings, in accordance with PMC 17.48.070, for MCUP 14 -001 to
conduct automobile storage, in the A/GC zone, are as follows:
A. The location, size, design, and operating characteristics of the proposed use are
in accord with the title and purpose of Chapter 17.48 PMC (Minor Conditional
Use Permit Regulations), the Poway Road Specific Plan, the City's General Plan,
and the development policies and standards of the City in that the subject use is
allowed with a MCUP. The storage lot and associated improvements have been
designed and will be conducted such that it will be compatible with the other
automobile dealerships. Business operation standards are included, and
referenced, in the MCUP to minimize impacts on adjacent residential uses.
B. The location, size, design, and operating characteristics of the proposed use will
be compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, structures, or natural resources in that the approval of a
MCUP permits the construction of a storage lot in support of an existing
commercial automobile dealership, and the facility has been designed and will be
operated in compliance with City development standards. Adequate parking will
Resolution No. P -14 -13
Page 3
be provided onsite. Business operation standards are included, and referenced
in, the MCUP to minimize impacts on adjacent residential uses.
C. The proposed use of an automobile storage lot is in harmony with the scale, bulk,
coverage, and density of, and is consistent with, similar automotive dealerships.
The project involves the construction of a new storage lot, masonry perimeter
walls, lighting and landscaping. Residential uses are adjacent to the rear of the
business and to minimize impacts to those uses, business operations standards
that minimize noise and light are included in the MCUP.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that adequate parking will be provided onsite, and the use will
be limited to an automobile storage lot. Business operation standards are
included in the MCUP to minimize impacts on adjacent residential uses.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets. The project involves the construction of a
new automobile storage lot, masonry perimeter walls, lighting and landscaping
that will be used primarily for the storage of new cars. The project provides
adequate vehicle circulation within the proposed storage lot and in conjunction
with the existing adjacent Hyundai /Mitsubishi dealership. The main access into
the storage lot will be via an existing driveway to the Hyundai /Mitsubishi
dealership off Evanston Drive and will remain unchanged. Conditions of approval
in the MCUP, and the Hyundai /Mitsubishi dealership CUP, prohibit test driving of
vehicles on the adjoining residential streets.
G. There will not be significant harmful effects upon environmental quality and
natural resources in that the site is already developed and contains no natural
habitat resources.
Section 3: The findings, in accordance with Government Code Section 66020 for the
public improvements needed as a result of the proposed development to protect the
public health, safety and welfare, are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City Ordinances, because all
necessary facilities will be available to serve this project.
B. In accordance with the Poway General Plan, the project requires the payment of
applicable development impact fees, which are assessed on a pro -rata basis to
finance public infrastructure improvements, which promote a safe and healthy
environment for the residents of the City.
Resolution No. P -14 -13
Page 4
Section 4: The City Council hereby approves MCUP 14 -001 and DR 14 -001, as
shown on the approved plans on file in the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or 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 MCUP 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. All conditions of approval for MCUP 05 -04 /DR 05 -09 (Hyundai automobile
dealership) contained in City Resolution P -06 -17 shall remain in effect.
F. The conditions of MCUP 14- 001 /DR 14 -001 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.
G. MCUP 14- 001/DR14 -001 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 -13
Page 5
H. The applicant shall obtain a Building Permit prior to installation of the facility.
Prior to issuance of a Building Permit, the applicant shall comply with the
following:
I. 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 grading plan and be appropriately sized for the proposed level of
development.
2. Submit a precise grading plan for the development of the lot 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 technical studies as required by
Chapter 16 of the Poway Municipal Code shall be submitted.
3. 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.
4. Grading securities shall be posted with the City prior to grading plan
approval per section 16.46.080 of the Poway Municipal Code. A minimum
cash security of $2,000 is required in all instances.
5. 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. 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.
6. Prior to start of any work within a City-held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid prior
to permit issuance.
Resolution No. P -14 -13
Page 6
7. Construction staking is to be inspected by the Engineering Inspector prior
to any clearing, grubbing or grading. As a minimum, all protected areas as
shown on the approved grading plans are to be staked under the direction
of a licensed land surveyor or licensed civil engineer and delineated with
lathe and ribbon. 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.
(Planning)
8. The locations and sizes of all utility boxes and vaults within street rights -
of -way shall be shown on the grading, improvement and landscaping
plans.
9. Landscape and irrigation plans shall be submitted. The landscape and
irrigation plans shall demonstrate compliance with the City of Poway
Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and all
other applicable standards and ordinances in effect at the time of
landscape and irrigation plan check submittal. The landscape and
irrigation plan submittal is a separate submittal from other project plan
check submittals, and is made directly to the Planning Division.
Landscape and irrigation plan review fees are required and are the
responsibility of the applicant. To the satisfaction of the Director of
Development Services, the landscape plans shall also provide the
following:
10. All landscaping, including areas within the adjacent public right -of -way,
shall be adequately irrigated, and permanently and fully maintained by the
owner at all times in accordance with the requirements of the City of
Poway Landscape and Irrigation Design Manual. Trees shall be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety. Trees should be trimmed or pruned as needed to develop strong
and healthy trunk and branch systems. Tree maintenance and pruning
shall be in accordance with "American National Standard for Tree Care
Operations" latest edition (ANSI A300). Trees shall not be topped and
pruning shall not remove more than 25% of the trees' leaf surface.
11. Trees proposed for the planter areas surrounding the perimeter of the
storage lot shall be Podocarpus gracilior (fern pine), sized at 24 inch box,
and planted at a maximum of 15 -feet on- center in order to maximize
screening and privacy for the adjacent residential properties, with the
exception of the west perimeter wall where trees shall be planted at 25-
feet on- center to preserve homeowner views to the east.
Resolution No. P -14 -13
Page 7
J. Prior to the issuance of a Building Permit, the applicant shall comply with the
following to the satisfaction of the Director of Development Services:
(Engineering)
1. An application for a Lot Merger shall be submitted and approved. The Lot
merger shall be recorded prior to the issuance of a building permit.
2. 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.
3. 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.
4. 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 copies of certification of line and grade for the lot, prepared by
the engineer of work.
b) Three copies of a soil compaction report for the lot, prepared by the
project's geotechnical engineer.
The certification and report are subject to review and approval by the City
(Planning)
5. The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of Electrical /Building Permit issuance.
6. All architectural details shown on the approved DR plans shall also be
shown on the building plan check submittal. Any major modifications from
the building and site design details on the approved DR plans will require
a DR revision and City Council approval.
7. The construction plans shall include details for all exterior lighting to
demonstrate conformance with PMC 17.10.150.H; including, but not
limited to, reflecting light downward, away from any road or street, and
away from any adjoining residential development. Lighting shall be
maintained in compliance with City standards by the applicant for the life
of the project.
Resolution No. P -14 -13
Page 8
8. Signs proposed for this development shall be approved under a separate
Sign Permit.
9. Exterior building materials and finishes shall reflect the approved
elevations on file with the City and the conditions of approval, and shall be
noted on the building plans, to the satisfaction of the Director of
Development Services.
K. The applicant shall comply with the following fire safety requirements, to the
satisfaction of the Fire Marshal:
1. Permanent access roadways for fire apparatus shall be designated as
"Fire Lanes" with appropriate signs and curb markings.
2. The Car Inventory Storage Area shall be accessible to Fire Department
apparatus by way of access with all- weather driving surface of not less
than 25 -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 25 -foot access width is the
minimum required for Fire Department emergency access. The Fire Chief,
pursuant to the City of Poway Municipal Code, shall approve the road
surface type.
3. All automatic gates across fire access roadways and driveways shall be
equipped with approved emergency key- operated switches overriding all
command functions and opening gates. A dual -keyed or dual switches
shall be provided to facilitate access by law enforcement.
L. Prior to the issuance of a Certificate of Occupancy:
(Engineering)
1. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
2. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility
services shall be placed underground.
3. 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.
4. After completion of all work, record drawings, signed by the engineer of
work, shall be submitted to Development Services for review prior to a
Resolution No. P -14 -13
Page 9
request of occupancy, per Section 16.52.1306 of the Grading Ordinance.
Approval of record drawings is required prior to issuance of occupancy
and release of grading securities. Initial submittal of record drawings at
least three weeks prior to a request for occupancy is recommended.
M. Prior to issuance of a Certificate of Occupancy:
1. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
2. The drainage facilities, driveway, slope planting measures, and all utility
services shall be installed, and completed by the property owner, and
inspected by the Engineering Inspector for approval. All new utility
services shall be placed underground.
3. 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.
4. After completion of all work, record drawings, signed by the engineer of
work, shall be submitted to Development Services for review prior to a
request of occupancy, per Section 16.52.1306 of the Grading Ordinance.
Approval of record drawings is required prior to issuance of occupancy
and release of grading securities. Initial submittal of record drawings at
least three weeks prior to a request for occupancy is recommended.
N. Upon occupancy the applicant shall comply with the following conditions:
1. The parking areas and driveways shall be well maintained.
2. The owner or operator of the facilities shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this Permit.
3. All landscaping, including areas within the adjacent public right -of -way,
shall be adequately irrigated, and permanently and fully maintained by the
owner at all times in accordance with the requirements of the City of
Poway Landscape and Irrigation Design Manual. Trees shall be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety. Trees should be trimmed or pruned as needed to develop strong
and healthy trunk and branch systems. Tree maintenance and pruning
shall be in accordance with "American National Standard for Tree Care
Operations" latest edition (ANSI A300). Trees shall not be topped and
pruning shall not remove more than 25% of the trees' leaf surface.
Resolution No. P -14 -13
Page 10
4. No vehicle service and repair shall be permitted in the vehicle storage lot.
5. Security cameras are permitted within the storage lot, but shall be located,
adjusted, and /or shielded so as not to intrude on the privacy of the
adjoining single family homes.
6. Onsite parking shall be made available for employees at all times.
Sufficient onsite employee parking shall be provided to accommodate the
peak employee shift. Employee parking spaces shall be kept clear of
vehicles in for service or repair, and vehicles that are for sale.
7. Employee parking is prohibited within the nearby residential areas.
8. Required employee and visitor parking stalls shall be so labeled by
painting the designation on the asphalt.
9. Outdoor lighting shall be shielded to limit light spillage onto adjoining
properties. All storage lot lighting shall be turned off at 10:00 p.m. each
night. No additional exterior lighting is permitted. Automatic timers shall be
installed on any exterior lighting to ensure compliance with this standard.
10. Parking lot lights located within the proposed storage lot shall be fitted with
cut -off glare control shields, to the satisfaction of the Director of
Development Services, to address any light spillage into adjoining
residential areas.
11. All delivery and unloading or loading of new or used vehicles made by
automobile carriers or any other transport shall be made onsite
(dealership premises). All automobile transport carrier vehicles shall enter
the site from Evanston Drive. No delivery and unloading or loading of new
or used vehicles made by automobile carriers or any other transport shall
be made on any public street pursuant to PMC Section 12.26.
12. Onsite loading and unloading of an automobile, car, or pick -up truck, from
a truck with the capacity to transport more than one such vehicle, is not
permitted unless delivery complies with all of the following:
a. No deliveries will occur on public streets or on the access road into the
subject site.
b. No delivery truck will enter residential areas.
c. Delivery hours for vehicles are restricted to between 7:30 a.m. and
6:00 p.m. Monday through Saturday. No deliveries are permitted on
Sundays.
13. Delivery of parts and supplies is not permitted on public streets or on the
subject site. Onsite delivery hours for parts and supplies are restricted to
Resolution No. P -14 -13
Page 11
Monday through Friday, 7:00 a.m. to 7:00 p.m. and Saturday from 7:00
a.m. to 6:00 p.m.
14. The applicant shall continue to actively participate in the use of the vehicle
delivery/storage lot established by the City at 13875 Kirkham Way in
situations where vehicle storage cannot be achieved fully on the project
site, and when surplus vehicle inventory storage is needed to ensure that
adequate onsite parking is available for employees and customers at the
project site.
15. No amplified sound shall be generated by this business. This includes, but
is not limited to, paging, public address, music, or other such devices that
may generate noise audible to the adjacent residential uses.
16. No for -sale vehicles or vehicles that are in for service shall be test driven
in the residential areas surrounding the site.
17. All auto repair, service work, and /or car mechanical washing shall be
conducted entirely within the buildings and not in the storage lot.
Section 5: The approval of MCUP 14 -001 and DR 14 -001 shall expire on December
16, 2016, at 5:00 p.m., unless, prior to that time, a Building Permit has been issued and
construction has commenced on the property in reliance on this approval.
Section 6: 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 16th day of December, 2014.
ATTEST:
•• .
Steve Vaus, Mayor
Resolution No. P -14 -13
Page 12
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -14 -13 was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of December,
2014, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
'RGA -
Sheila R. Cobian, CIVIC, City Clerk
City of Poway