Covenant Regarding Real Property 2000-0246401CITY CLERK
No Transfer Tax Due
BY:
TO:
2487
DOC 2000:0246401
MA~ 12, 2000 8:11 AH
COVENANT REGARDING REAL PROPERTY
Retirement Enterprises, Inc. and Poway RHF Housing, Inc., PROPERTY OWNERS
("OWNERS" hereinafter) are th : real property described in Exhibit A which is
attached hereto and made a part hereof and which is commonly known as Assessor's
Parcel Number 275-780-05 ("PROPERTY" hereinafter). In consideration of the approval
of Conditional Use Permit 00-03, :a 66-unit assisted living facility, by the City
of Poway ("CITY" hereinafter), OWNERS hereby agree to abide by conditions of 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, encumbrancers, heirs, personal representatives,
:1 assigns of the respective parties.
In the event that Conditional Use Permit 00-03 expires or is rescinded by City
Council at the request of the OWNERS, CITY shall expunge this Covenant from the record
title of the PROPERTY.
In the event of litigation to enforce the p ' ' ;this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
Dated:
Dated:
Dated: )0
RE~,,~T ENTERPRISES, INC] (OWNER)
By: '~. ;~/ ,,~ (No'~tarize)
POWAY ~F HOUSING, INC. (OWNER)
By'~_ ~ F-(~rize)
CITY OF P
Niall Fri~, Director~ent Se~ices
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of
On ~//~ _~-- ~0 before me~
personally appeared ~ ~ ~
_488
that he/she/they
hisJh,~/t~3ek siunature(~j~
~)~acted,
OPTIONAL
Description of Attache~..ocument
Title or' /~{//~
Signer(s) Other
Capacity(ies) Claimed by Signer(s)
~ individual
[]
Title(s):
[] Partner -- ~ Limited [] General
[]
[] Trustee
[] Other:
E~ Individual
E~
Title(s):
~ Partner -- [] Limited [] General
[] Trustee
[] Other:
Prod. No, 5907
EXHIBIT A
Legal Description
2 89
THAT PORTION OF LOTS 4 AND 5 OF THE CITY OF POWAY TRACT 84-03, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 11187 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON APRIL 3, 1985.
APN: 275-780-05
EX, . T . 2490
RESOLUT{ON NO, P- 00-32
A RESOLUTION OF THE CITY COUNCIL
OF THE CiTY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-03
AND DEVELOPMENT REVIEW 00-03
ASSESSOR'S PARCEL NUMBER 275-780-05
WHEREAS, Conditional Use Permit 00-03 and Development Review 00-03 were
submitted by Retirement Housing Foundation for the purpose of .:1 a 66-unit
assisted living facility on an 18.26-acre site located near the eastern t f Gateway
Park Drive, in the C Office (CO) zone; and
WHEREAS, on April 25, 2000, the City Council held a duly advertised public headng
to solicit from the public, both pro and con, relative to this application; and
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: Conditional Use Permit 00-03 and Development Review Permit 00-03 will not
result in a significant adverse impact on the l and the Negative n
prepared for this and its companion applications adequately addressed the potential
Iai imf -1 with the project.
The finding Jance with the Section 17.48.070 of the Poway Municipal
Code for CUP 00-03 approving : a 66-unit assisted living facility on an 18.26-
acre site located near the eastern terminus of Gateway Park Ddve, in the C
Office zone, are made as follows:
The project' : with the General Plan and the Affordable Housing Overlay
which designates certain sites for the construction of affordable multifamily housing.
Th' designated for affordabl partments.
The location, size, design, and operating ch of the use will be
compatible with and will not adversely affect, or be materially'detrimental to adjacent
uses, buildings, or natural in that the project is located on a
property adjacent to existing retirement and medical facilities and which meets all
of the location criteria for affordable housing.
The harmony in scale, bulk, coverage, and density' I with adjacent uses
because the site will be developed with facilities and buildings which have been
designed to be compatible with surrounding
Th 31e public facilities, services, and utilities, because the use will be
located in a development where all necessary f :ly in place.
Resolution No. P~0-32
Page 2
There will not be any harmful effects upon desirable neighborhood characteristics,
in that the facility has been designed with direct input from the neighbors and is
compatible with : facilities.
The g :traffic will not adversely impact the surrounding streets and/or the
City's Transportation Element, in that the use will oF ~ ' ' ;I
street imp :1 off-street parking will be adequate given the scale of the
proposed use.
The site is suitable for the type and intensity of the use, in that it is an area
designated for public and semipublic uses and is similar in size and
intensity with adjoining land uses.
There will not be significant harmful effects up quality and natural
in that the site had been previously graded and only limited vegetation
had regrown. Th bodies or endangered species located on the site.
There are no otb
mitigated.
negative impacts of the development that cannot be
The impacts, as described in subsections (A) through (I) of Section 17.48.070 of the
Zoning Code, and the location, size, design and operating ch of the
proposed use and the conditions under which it would be operated or maintained
will not bo detrimental to the public health, safety or welfare; or materially injurious
to properties or imp ' the vicinity nor be contrary to the adopted General
Plan.
K. The proposed conditional use will comply with each of the applicable p ' ' '*
Section 17.48.070 of the Poway Zoning Code.
,_q ~n 3: The findings for DR 00-03 in accordance with Section 17.52.010 of the Poway
Municipal Code are made as follows:
The development will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties because the buildings have
been designed to be architecturally compatible with st th :1 the
facility has been designed in accordance with the input from neighborhood interest
groups.
The development encourages the orderly and h
and property within the City through its
development standards.
~ structure
j with the City of Poway
2492
Resolution No. P- 00-32
Page 3
The findings in accordance with G
public improvements are made as follows:
Code Section 66020 for the
Ao
The design and iml: i the proposed development I with all
elements of the Poway General Plan as well as City ordinances because all
necessanj :1 f I be available to serve the project. The provision
of public imp :1 payment of development fees are needed as a result
of the proposed development to protect the public health, safety, and welfare as
identified below:
Drainage improvements shall be provided for the increase in su#ace water
runoff.
2. Water and sewer fees shall be paid and onsite imp :l to
provide water and to the development.
Access to the site will be provided in accordance with City standards and to
ensure adeq .~ency access.
~ 5: The City Council hereby approves Conditional Use Permit 00-03 and
Development Review 00-03 for a 66-unit assisted living facility on an 18.26'
th t i Gateway Park Drive in the C C ' subject
to the following conditions:
Within 30 days of approval (1) the applicant shall submit in writing that all
of approval have been read and understood; and (2) the property owner shall
execute a Covenant on Real Property.
The use conditionally granted by this permit shall not be conducted in such a
to interfere with th 31e use and enjoyment of th :ling
residential and uses.
This conditional use permit may be subject to annual determined by the
Director of Development Services for compliance with the conditions of approval
and to add that may h :l during the past year.
The site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the condir :l herein.
E. Approval of this request shall not 31lance with the Zoning Ord :l
all other applicable City ord fect at the time of building permit'
Resolution No. P- 00-32
Page 4
CUP 00-02 and DR 00-02 are integrally linked with the approval of CUP 00-03, DR
00-03, MCUP 00-001, VAR 00-01, and SP 00-01, in that if any one of these
appl : approved, th : applications I: I and void.
No permits to construct the assisted living facility shall be issued until the
Retirement Housing Foundation has submitted an application for nine percent (9%)
Federal and State I tax credits for th rfordable housing project.
The timing and degree of application shall be subject to the Director of
Redevelopment Services.
Within 30 days after receiving City Council approval of the project, the applicant
shall apply for a Letter of Availability (LOA) 1 ;le availability for 150
Equivalent Dwelling Units (EDU's) and post with the City a nonrefundable
reservation fee equal to twenty percent (20%) of the sewerage connection fee in
effect at the time the LOA is issued. The 20% reservation fee is $100,680, based
on the City's current fee schedule. It is subject to change without further notice.
Prior to th ~ any
present parcel boundaries 1
parcel remaining 3.36
permits, the applicant shall reconfigure the
to the subject project design with the subject
The design of the development, as submitted for approval, indicates the
necessity of a boundary adjustment between Lots 4 and 5 of Map No. 11187,
merger of portions of Lots 4 and 5, and Lot "B" of same Map No. 11187, and
~ a portion of Gateway Park Road (formerly known as Stonegarden
Road). The boundary adjustment, merger, and be accomplished
altogether by the filing of a parcel map pursuant to Section 66499.20½ of the
Subdivision Map Act and Section 16.12.080c of the Poway Municipal Code.
The City reserves the right 1 y existing ';Ihts-of-way
to be dedicated within the subdivided area. Further, public
utility companies, with their franchise rights to Gateway Park Road, may
:s for their respective utility lines.
An emergency public access easement and a general utility easement shall
be dedicated to the City over that portion of Gateway Park Road to be
vacated.
A ., ' ' ; 20.00 feet wide and for the benefit of the
easterly parcel, shall be reserved on the parcel map. Th
shall be from th :1 of Gateway Park Road to said easterly parcel.
2494
Resolution No. P- 00-32
Page 5
Grading ~all be released only upon completion of the project and upon
City approval of the record drawings of the grading plans.
A warranty bond shall be posted after completion of all public improvements
required to be constructed with this project.
Prior to the ' : a building permit, the applicant shall obtain approval of a
grading permit. Compliance with the following conditions is required prior to
~ a grading permit:
The applicant/developer shall submit precise grading plans, permit
application(s), plan checking/inspection fees, geotechnical report and
geotechnical review fees to the Development Services Department.
Grading of the project shall be in substantial Ih the approved
development plan and in accordance with the Uniform Building Code, City
Grading Ord ~ City Storm Water Management and Discharge Control
Ordinance.
E :ting but not limited to desiltation basins, shall be installed
and maintained from October 15 to April 15. ^ lrol plan shall be
prepared by the project civil engineer and shall be submitted as part of the
grading plan. The applicant/d~ve!oper shall make provisions to insure proper
maintenance of all erosion control devices.
Applicant/developer shall comply with the following items. Compliance shall
be made through the Engineering Division of the City's Development Services
Department:
Payment of permits, plan checking, inspection, and geotechnical fees.
b. Submittal t'
approval of grading plans.
c. Submittal
:1 approval of soils report.
Submittal and/or payment of grading
approved by the City Attorney.
Securities must be
e. Submittal of :er pollution prevention plan.
Resolution No. P- 00-32
Page 6
Submittal of a copy or a proof of filing of a Notice of Intent (NOI)
application for coverage of the National Pollutant Discharge
Elimination System (NPDES) permit.
A ' ' ';iht-foot high buffer wall shall be constructed along the
border where th zone abuts the residential zone. The
wall shall b :l and may include decoral' 1 as
trim caps or pilasters. The Poway Municipal Code provides that if
there is a four-foot difference, higher or lower, than the project level
pad, a six-foot high wall will be acceptable. Rep of the
Retirement Housing Foundation shall negotiate with the adjacent
property owners to decide the height and color of the wall. The final
design shall be subject to the of the Director of
Development Services.
To minimize the disturbance to the adjoining property owners, the
buffer wall shall be J pdor to unless
determined infeasible by the Director of Development Services.
Pdor to th : public imp the applicant shall comply with the
following to the satisfaction of the Engineering Division of the Development Services
Department:
1. Preparation of a water system analysis for sizing of public water lines.
2. Submittal
:1 approval of public improvement plans.
E : a Standard Agreement for C ~ Public Imp
(Agreement) and posting of I; and payment securities. The
Agreement and ! be waived by the City Engineer if a substantial
amount of grading is completed prior to installation of public imp ~
tl~ ~cient amount of grading securities held by the City to secure the
imp :1 the remainder of grading work.
Payment of improvement plan checking, inspection, and improvement plan
ad fees.
Acquisition of a right-of-way permit. The permit is required before any work
is to be done in public street rights-of-way or City-held
2496
Resolution No. P- 00-32
Page 7
if any pdvate imf
or City-held
~ment removal agreement. The agreement is needed
be placed within publ ;ihts-of-way
To preclude fut to the site from the north, the applicant shall request
a vacation of Country Squire Lane from Pedriza Road south to the west
property line of The Gateway, a distance of approximately 140 feet. The
applicant shall submit an application and pay the appropriate fees for the
vacation, if approved by the City Council. The applicant shall be required to
remove the existing curb, gutter, sidewalk, and asphalt within the roadway and
fill the area to a level equivalent to the adjoining side yards. Additionally, the
applicant shall be required to extend and connect to either end th
curb, gutter and sidewalk along the length of Peddza Road. Said
improvements shall be subject to the design and approval of the Directors of
Development S :1 Director of Public Services. All imp ~all
be completed prior to th ; a certificate of occupancy.
During the construction of the site imf
following:
the applicant shall comply with the
1. Installation and
and Apd115.
:roi devices between October 15
2. Implementation of th
pollution prevention plan.
3. Processing of easement dedications to the City.
Pdorf
building permit, the applicant shall comply with the following:
No permits to construct the assisted living facility shall be issued until the
Retirement Housing Foundation has submitted an application for nine
percent (9%) Federal and State Iow income tax credits for the senior
affordable housing project. The timing and degree of application shall be
subject to the Director of Redevelopment Services.
Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Development Services Department.
All roof appurtenances, including air conditioners, shall be architecturally
integrated, screened f :1 sound buffered from adjacent properties
and :luired by the Director of Development Services.
2497
Resolution No. P- 00- 32
Page 8
o
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
Trash receptacles shall be enclosed with' : high masonry wall with
view-obstructing gates pursuant to City standards. Location shall be away
from the residential neighborhood, if possible, and subject to approval by the
Director of Development Services.
A reciprocal access, parking, and ;]reement shall be proposed
between Lots 4 and 5 of Map No. 11187. The agreement, which shall be
subject to the satisfaction of the City Attorney, shall be recorded against the
properties to insure that to the properties are aware and
obligated to this requirement.
Plans shall be submitted showing stuccoing of both sides of the existing
masonry buffer wall. The lengthening of the wall, in association with this
project, shall also be si: -I in th :1 texture so as to
:lard wall appearance.
To enhance the separation of uses, plans shall be submitted showing the
southernmost portion of APN 275-760-06 raised in a limited h~ight and width
to match the height of the adjoining equestrian/pedestrian trail to the
satisfaction of the Director of Development Services. To enhance the buffer
between the two uses, the separation wall will be built eight feet above the
pad, which may make the wall 10 feet on the assisted living side, depending
upon final grade. Signed approval shall be required by the property owner
acknowledging the permission to work on his property and the scope of the
work to be done.
A revised site plan shall be submitted 1' -I approval by the Director
of Development Services. The plan shall show the following:
Parking lot lights shall be Iow p Jium and have a
height of 12 feet from the finished grade of the parking :l be
directed away from all property lines, adjacent streets, and buildings
on adjacent lots. Wall mounted lights shall be placed on motion
detectors and several Iow, lighted bollards shall be used in the
parking lot to ach' ' ' lighting safety standards. Alternative
designs shall be subject to the approval of the Director of
Development Services.
Resolution No. p-00~32
Page 9
10.
11.
bo
All parking spaces shall be double striped. The parking lot design
shall comply with the A :h Disabilities Act, i.e. 1:25 ratio for
accessible spaces with at least one 31e space.
A detailed landscape and irrigation plan shall be submitted for review and
approval by the Director of Development Services. Plans shall be prepared
in accordance with the City of Poway Guide to Landscape Req '
(latest edition) and shall show the following:
All parking lot landscaping shall include a ' ' ~ one 15-gallon
size tree for every three spaces. For parking lot islands,. ' '
12-inch wide walk adjacent to parking stalls shall be provided and be
separated from veh' by a 6-inch high, 6-inch wide Portland
: curb.
Particular emphasis shall be placed on ' ' 3 the screening
effect along the northern property line through the use of fast growing
large box trees, vines and shrubbery. Twenty-five percent (25%) of
the trees shall be 24-inch box or larger.
Street trees, a minimum of 15-gallon size or larger, shall be shown
and installed in accordance with the City of Poway Guide to
Landscap~ A'eq ~ :1 shall be planted an average of 30 feet
on center spacing along all streets. Every effort shall be made to
retain the existing street trees. Additional trees may be required to
meet City standards.
Permit and plan check fees shall be paid upon submittal of map,
improvement and/or grading plan, as applicable. Development fees,
including but not limited to, domestic and irrigation water service fees,
remaining sewer sewer cleanout, and sewer inspection fees
shall be paid prior to building permit issuance.
12. The following req '
the Safety Services Department shall be met:
Roof covering shall be fire retardant as per U.F.C. Section 3203(e)
and City of Poway Ordinance No. 64.
Every building hereafter :1 shall be accessible to Fire
Department apparatus by way of access roadways with all-weather
driving surfaces of not less than 20 feet of unobstructed width with an
adequate roadway turning radius capable of supporting the imposed
2499
Resolution No. P- 0 0 - 3 2
Page 10
loads of fire apparatus having a minimum of 13'6" of vertical
The road surface type shall be approved by the City
Engineer, pursuant to the City of Poway Municipal Code.
The buildings will be required to install an approved fire sprinkler
system meeting P.M.C. req The entire system is to be
monitored by a central monitoring company. System post indicator
valves with tamper switch :1, are to be located by the
City Fire Marshal prior to installation.
An automatic fire alarm system shall be installed to approved
standards by a propedy licensed contractor. The system shall be
completely monitored by a U.L. listed central stat' ;)any
or proprietary
A hood and duct extinguishing system shall be installed for all cooking
:hin the kitch : the recreation building. Plans are
to be submitted and approved prior to installation.
A K ,7 key box shall be required for the building at a location
determined by the City Fire Marshal. A Knox padlock shall be
required for the fire sprinkler system post ind
Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of
construction and :~ at all times until construction is
completed.
Permanent :lways for fire apparatus shall be designated as
"Fire Lanes" with appropriate signs and curb markings.
Minimum 2A:10BC fire extinguisher(s) are required for 3,000 square
feet and 76 feet of travel distance.
if "led, at least one shall be sized I ~late
a normal hospital gumey. Minimum d' of the inside car
platform shall be 6'8" wide by 4'3" deep.
If medical gases are planned to be used in this building, they shall be
installed to meet req of the Uniform Fire Code Article 74-
Compressed Gases.
2500
Resolution No. P- 00-32
Page 11
13.
14.
The addition of onsite fire hydrants is required. The location of the
hydrants shall be determined by the City Fire Marshal.
Material Safety Data Sheets shall be required for all hazardous and/or
toxic sub -1 in each building.
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.
Prior to delivery of combustible building matedal on site, water and
sewer systems shall satisfactorily pass all required tests and be
connected to the public water and sewer 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 th : the City.
N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be
provided 3/throughout the building.
Fire sprinkler riser(s) shall be located within ten (10) feet of an extedor
man door or shall be located inside an enclosed closet with an
ex1 door. Door shall be labeled with a sign indicating
"Fire Sprinkler Riser." When ths closet method is chosen, applicant
shall provide 36 inches of from the standpil: ~ed
additional ' 31e by a 3-foot, O-inch man door.
if the existing cul-d :lesigned or reconfigured, it shall have
a 38-foot radius (76-foot diameter).
The applicant/developer shall submit plans for imp ! the public
water system for new fire hydrant installation, if required by the City Fire
Marshal, to the Development Services Department for approval.
Imp shall be constructed in accordance with City adopted
standards and specifications; the latest adopted edition of the Standard
Specifications for Public Works Construction and its corresponding San
Diego supplements; the current San Diego Regional Standard Drawings;
and the South Poway Specific Plan.
250'1
Resolution No. P- 00-32
Page 12
15.
16.
17.
18.
19.
20.
The applicantJdeveloper shall provide for a drainage system capable of
handling and disposing of all surr ' ~inating within the project site
and all sud' that may flow onto the project site from adjacent lands.
Said drainage system shall include any :1 :luired
by the Director of Development S City Engineer to properly handle
the drainage and shall be designed so as to prevent ponding of surface
water that would create a public hazard
A I, ' ' ' : 20.00 feet wide for each new public water line
and/or sewer line, shall be dedicated to the City.
The following public improvements shall be designed and
unless noted otherwise:
ao
Onsite potable waterlines for fire hydrant installation. Onsite potable
water lines shall be constructed for new fire hydrant installation as
required by the City Fire Marshal. The size and location of the water
lines shall be that as established by a water system analysis
prepared by an engineering firm designated and approved by the
City. The applicant/developer shall pay to the City the cost of
preparing the analysis prior to submittal of improvement plans.
b. Onsite publ
All new and existing electrical/ 'CATV utilities within the
boundaries of the project shall be installed underground. The
applicant/developer is responsible for complying with the requirements of
this condition and shall make th 'y arranG ih each of the
serving utilities.
The locations and sizes of all utility boxes and vaults within public street
rights-of-way and the City ~all be shown on the improvement
plans.
The applicant/developer shall execute an encroachment removal
agreement ( J 1 ~ment permit) with the City for
any private imp placed within public street rights-of-way or
City
Ail new improvements to the site including the trail, buffer wall, and
landscaping shall b :1 entirely on the applicant's property. Any
2502
Resolution No, P- 00-32
Page 13
21,
22,
23.
ao
modification to any of these facilities will b
site,
dated on the project
The p :l located along the southern frontage of the senior
affordable housing complex shall be striped on both sides t :late
parallel parking,
The radius of the cul-de-sac shall be painted red and marked "No Parking -
Fire Lane."
^pplicantJdeveloper shall comply with the following items to the satisfaction
of the Engineering Division of the Development Services Department:
Submittal and approval of soils compaction report.
b, Submittal and approval of a certification of line and grade.
certification shall be prepared by the project's civil engineer,
The
Payment of development fees, The fees and the corresponding
follows:
FEES AMOUNT
SDCWA base capacity
-P( t~ bie wat r (1" meter
¥
S
See note below**
$503 400.00'***.
S l inspection
$25,00/cleanout
Park $315,000.00,
2503
Resolution No. P- 00-32
Page 14
City water base capacity cost (subject to change):
1" meter = $6,678.00
1W' meter = $10,388.00
2" meter = $16,694.00
Other sizes = Contact City Engineering Division
SDCWA base capacity fee (subject to change):
1" meter = $2,994.00
1~" meter = $5,613.00
2" meter = $9,729.00
Other sizes = Contact City Engineering Division
Water meter fee (subject to change):
1" meter =
1W' meter =
2" meter =
Other sizes =
$270.00
$600.00
$800.00
Contact City Engineedng Division
150 units X $3,356.00/unit = $503,400.00 - This amount represents 100%
of ;tion fee. If' fee of $100,680.00 is paid with the
application 1' 3ility (see item I under "Other Engineering
Req "), the amount due prior to building permit' ~all be
adjusted accordingly.
***** 150 units X $950.00/unit = $142,550.00
150 units X $2,100.00/unit = $315,000.00 (based on 1999 rate per
Resolution No. 98-108). The amount is subject to change, to b ~
using th : at time of payment.
-- 150 units X 4.5 trips/unit X $66.00/trip = $44,550.00
Prior to occupancy, the applicant shall comply with the following:
Paved roadways, parking lots, concrete walkways, buffer walls and
landscaped areas that were previously a part of, and maintained and/or
irrigated by, The Gateway : facility, but now are located within the
parcel boundaries of the affordable senior housing parcel, shall remain the
responsibility of th ~ The Gateway : facility, presently the
Retirement Housing Foundation. Responsibility shall mean providing both
proper levels of maintenance and funding to support the care and
~ the landscaping, walls, and hard sud'
250 4', Resolution No. P- 00-32
Page 15
The existing parking lot and street located within both projects shall be
rehabilitated. This will include, 3', removal and repair of deeply
cracked areas, crack sealing, seal coating, and striping and shall be subject
to the satisfaction of the Directors of Public Services and Development
Services.
The equestrian/pedestrian trails located in the project area shall be improved
or rehabilitated based on the level of impact created during
This will include smoothing the trail surface, replacing the wood fence, and
trimming of shrubbery as necessary to keep it clear of the trail, yet still
maintain the visual buffer with the adjoining residential neighborhood on the
northern section of the trail. All imp shall be subject to the
sat = the Director of Public Services.
The "g pathway section of the driveway that goes around the
building on the north side is in disrepair. Decomposed granite shall be
spread across the surface, filling in the open block ~ compacted
:h surface.
All conditions of approval contained herein shall be completed to the
sat ~ the Director of Development Services.
Th :ldress of the building(s) shall be displayed' 31e
from th :reet. M =the building numbers shall be 18
inches on the front facade of the building. Building address shall also be
displayed on the roof in a manner 'y to the Director of Safety
$ :1 meeting Sheriff Department's ASTREA criteria.
Provide a site directory map (lighted) at the project entrance to the
satisfaction of the Department of Public Safety.
Applicant/developer shall comply with the following items. Compliance shall
be made through the Engineering Division of the City's Development
Services Department.
a. Completion of public imp
b. Approval of record drawings of the grading and improvement plans.
Co
Approval of parcel map (to boundary adjust Lots 4 and 5, merging Lot
"B" with a portion of Lot 4 of Map No. 11187, and : a portion
of Gateway Park Road).
2505
Resolution No. P- 0 0- 3 2
Page 16
Go
Dedication of to the City is to include but not be limited to,
easements for new public water lines, sewer lines, drainage lines,
emergency publ' Is, and general utility easements
as required of the project. Dedication shall be done preferably with
the parcel map, or otherwise could be done by separate
instrument(s).
Upon occupancy, the following conditions shall apply to the operation of the use:
The delivery of supplies to The Gateway/assisted living facility and the
removal of trash shall be limited to the hours of 7:00 a.m. to 6:00 p.m., with
no weekend pick up. If, for any reason, compliance with these h
be achieved, modit ! be considered subject to the satisfaction of
the Director of Development Services.
All landscaped areas shall I;
free from weeds, trash, and debris.
,I in a healthy and thdving condition,
Any signs proposed for this development shall be designed and approved in
:h the Sign Ordinance.
The testing of emergency ~ in all facilities shall be limited to
Monday through Friday, 10:00 a.m. to 3:00 p.m.
All outdoor recreational amenities, including trails, courtyards (excluding
interior building courtyards), and open space shall be made available to all
residents of th ffordable housing complex.
°
The owners and operators of the proposed assisted living facility, and
subsequent shall abide by all required State and local permits
and ag 3tained for the consl ri operation of this facility.
Any changes in operation, level of service, maintenance, or fiscal
responsibilities beyond what was originally approved shall be considered as
· ' to the conditional use permit and shall require City Council
to approve requested changes.
No boats, campers or other recreational vehicles may be stored on the
p ~The Gateway, assisted living, Fordable housing sites.
Th :1 operators of The Gateway retirement facility shall make a
resident transit 31e to th rfordable housing complex. The
hours of operation and use shall be determined through the establishment
2506
Resolution No. P- 00-32
Page 17
of the operating budget for the affordable housing development.
To the extent feasible, all utility boxes and g ~all be located away
from the main entrance and the north side of the building. They shall be
screened to blend with the building and landscaping.
The terms and conditions of Conditional Use Permit 00-03 and Development
Review 00-03 shall be binding upon the permittee and all persons, firms, and
having an interest in the property subject to these permits and the heirs,
ad :1 assigns of each of them, including municipal corporations,
public agencies, and districts.
Section 7: This approval shall b II and void if building p
this project by Apdl 25, 2002 at 5:00 p.m.
not issued for
Pursuant to G I Code Section 66020, the 90-day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
imposed pursuant to this approval shall begin on April 25, 2000.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California at a reg ' g this 25th day of April, 2000.
ATTEST:
~oli Anne ~eoples, City Cl~rk
Michael P.
STATE OF CALIFORNIA )
Resolution No. P- 00-32
Page 18
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
250?
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P- 00 - 3 ;~ was duly adopted by the
City Council at a meeting of said City Council held on the 25th day of Apdl, 2000, and that
it was so adopted by the following vote:
AYES: EMERY,
NOES: NONE
ABSTAIN: N 0 N E
ABSENT: R E X F 0 R D
HIGGINSON,
GOLDBY, CAFAGNA
Lor~ Anne Peoples, ler~
City of Poway