Covenant Regarding Real Property 1992-0768310® C# # 1992-0768310
01 -DEC -1992 08=16 nM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
RECORDING REQUEST BY: ) RFP,NHETTE EVANS, COUNTY RECORDER
CITY OF POWAY )
AF: 41.00 FEES: 65,00
OF: 1.00
WHEN RECORDED MAIL TO: ) 752
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
No Transfer Tax Due 1 rrhis space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Environmental Development, LTD., a California Limited Partnership ('OWNER' hereinafter) is the
owner of real property described in Exhibit A which is attached hereto and made a part hereof and which
is commonly known as Assessor's Parcel Numbers 273-182-18,19; 273-100-10, 11; 277-010-02, 05, 22, 23;
277-070-24, 27.31; 277-071-01, 02, 08, 09; 277-140-01, 06, 23, 24, and 26 ('PROPERTY' hereinafter). In
consideration of the approval of Tentative Parcel Map 92-04 by the City of Poway ('CITY' hereinafter),
OWNER hereby covenants and agrees for the benefit of the CITY, 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, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Tentative Parcel Map 92-04 expires or is rescinded by City Council at the request
of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.
If either party is required to incur costs 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. The CITY may assign to persons Impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
Dated: 10 -17-92- F 5-;O—LY4-44
ENVIRONMENTAL DEVELOPMENT, LTD.,
A CALIFORNIA -LIMITED PARTNERSHIP
OWNER (Notarize)
Dated: 9-Z� 92 CITY OF POWAY
By 442�1
(No need to Notarize)
.. •��.` :\� �i �.: ` 1. .=J`. .. rte.''.
753
ORDER NO. 1012118-6
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED -AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF THE NORTHWEST QUARTER (LOT 3) OF THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL .PLAT THEREOF, LYING EASTERLY OF A
LINE THAT IS PARALLEL TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER
(LOT 3) AND IS 687.61 FEET EASTERLY THEREOF, EXCEPTING THEREFROM THAT
PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SECTION 24, TOWNSHIP 13
SOUTH, RANGE 2 WEST; THENCE SOUTH 33000156" EAST, 816.25 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 40°43'00" EAST, 89.98 FEET;
THENCE SOUTH 82017100" EAST, 70.00 FEET; THENCE SOUTH 52017100" EAST,
120.00 FEET; THENCE SOUTH 7043'00" WEST, 105.29 FEET; THENCE NORTH
B2°17'00" WEST, 187.50 FEET; THENCE NORTH 14017100" WEST, 65.00 FEET
TO A POINT TO BE KNOWN HEREIN AS POINT "A"; THENCE NORTH 14017100"
WEST, 31.00 FEET; THENCE NORTH 40043100" EAST, 2.98 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPT ALL WATER CLAIMS OF RIGHTS TO WATER, IN OR UNDER SAID LAND.
PARCEL 2:
ALL THAT PORTION OF THE SOUTHWEST QUARTER (LOT 4) OF THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN DIEGO, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING
NORTHERLY OF A LINE THAT IS PARALLEL TO THE NORTHERLY LINE OF SAID
SOUTHWEST QUARTER (LOT 4) AND IS 1,209.80 FEET SOUTHERLY THEREOF.
EXCEPT ALL CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND.
c
PARCEL 3:
ALL THAT PORTION OF THE SOUTHWEST QUARTER (LOT 4) OF THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING SOUTHERLY OF A
LINE THAT IS PARALLEL TO THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER
(LOT 4) AND IS 1,209.80 FEET SOUTHERLY THEREOF.
PAGE 30
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754
ORDER NO. 1012118-6
1
EXCEPT ALL CLAIMS OR RIGHTS TO WATER IN OR UNDER SAID LAND.
PARCEL 4A:
THE NORTHWEST QUARTER (LOT 1) OF THE NORTHWEST QUARTER OF SECTION 30,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (LOT 1) OF
SAID SECTION 30; THENCE ALONG THE EAST LINE OF SAID LOT 1, NORTH
0°06'10" WEST, 100.00 FEET; THENCE SOUTH 89053150" WEST, 200.00 FEET;
THENCE SOUTH 0006'10" EAST, 100.00 FEET MORE OR LESS TO THE SOUTH
LINE OF SAID LOT 1; THENCE EASTERLY ALONG SAID SOUTH LINE 200 FEET
MORE OR LESS TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA,. ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF ROAD SURVEY NO.
335 (ESPOLA ROAD) AND THE CENTER LINE OF ROAD SURVEY NO. 722 (OLD
COACH ROAD); THENCE ALONG THE CENTER LINE OF SAID ROAD SURVEY NO. 722
NORTH 5040'37" EAST, 100.78 FEET TO THE TRUE POINT OF BEGINNING, ALSO
BEING AN INTERSECTION WITH THE NORTHEASTERLY RIGHT OF. WAY OF THE SAN
DIEGO AQUEDUCT; THENCE ALONG SAID AQUEDUCT RIGHT OF WAY LINE NORTH
37°24'41" WEST, 356.00 FEET; THENCE NORTH 25030100" EAST, 241.29
FEET; THENCE SOUTH 64030100" EAST, 234.52 FEET TO A POINT IN THE ARC
OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1000.00 FEET,
SAID CURVE BEING THE CENTER LINE OF SAID SURVEY NO. 722; THENCE
SOUTHWESTERLY ALONG SAID CENTER LINE AND CURVE THROUGH A CENTRAL
ANGLE OF 19049'23", A DISTANCE OF 345.98 FEET TO THE SOUTHERLY
TERMINUS THEREOF; THENCE CONTINUING ALONG SAID CENTER LINE SOUTH
5°40'37" WEST, 68.34 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT ALL WATER CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND.
PARCEL 4B:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOW:
PAGE 31
755
ORDER NO. 1012118-6
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 30; THENCE
ALONG THE EAST LINE OF SAID LOT 1, NORTH 0°06'10" WEST, 100.00 FEET;
THENCE SOUTH 89053'50" WEST, 200.00 FEET; THENCE SOUTH 0°06'10" EAST
TO THE NORTH LINE OF THE COUNTY ROAD KNOWN AS ESPOLA ROAD, ACCORDING
TO PLAT OF ROAD SURVEY NO. 335 ON FILE IN THE OFFICE OF THE COUNTY
ENGINEER; THENCE ALONG SAID NORTH LINE SOUTH 83026148" EAST TO A LINE
WHICH BEARS SOUTH 0006'10" EAST FOR THE POINT OF.BEGINNING; THENCE
NORTH 0006'10" WEST, 112.61 FEET TO THE POINT OF BEGINNING.
EXCEPTING THAT PORTION LYING WITHIN SAID LOT 1 OF SECTION 30.
PARCEL 4C:
THAT PORTION OF LOT 1 IN THE NORTHWEST QUARTER OF SECTION 30,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 30; THENCE
ALONG THE EAST LINE OF SAID LOT 1, NORTH 0006'10" WEST, 100.00 FEET;
THENCE SOUTH 89053'50" WEST, 200.00 FEET; THENCE SOUTH 0006'10" EAST,
100 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOT 1; THENCE
EASTERLY ALONG SAID SOUTH LINE, 200 FEET, MORE OR LESS, TO THE POINT
OF BEGINNING.
PARCEL 5:
ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF, LYING BETWEEN THE SOUTHERLY LINE OF THE NORTHWEST QUARTER
(LOT 1) OF THE NORTHWEST QUARTER OF SAID SECTION 30, AND THE
NORTHERLY LINE OF THE COUNTY ROAD KNOWN AS ESPOLA ROAD, ACCORDING TO
THE PLAT OF ROAD SURVEY NO. 335, ON FILE IN THE OFFICE OF COUNTY
RECORDER OF SAN DIEGO COUNTY, AS SAID SOUTHERLY LINE OF LOT 1 AND THE
NORTHERLY LINE OF ROAD SURVEY NO. 335 ARE SHOWN ON RECORD 'OF SURVEY
NO. 6721, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 3, 1966 AND LYING WESTERLY OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 30;
THENCE ALONG THE EAST LINE OF SAID LOT 1, NORTH 0°06'10" WEST, 100.00
FEET; THENCE SOUTH 89053150" WEST, 200.00 FEET TO THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 0006110" EAST TO
THE NORTH LINE OF SAID ROAD SURVEY NO. 335.
EXCEPT ALL WATER CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND.
PAGE 32
;® 756
t
ORDER NO. -1012118-6
PARCEL 6:
ALL OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25,
TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF.
EXCEPT ALL WATER CLAIMS OR RIGHT TO WATER IN OR UNDER SAID LAND.
PARCEL 7:
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, IN
TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION OF SAID NORTHEAST QUARTER OF SAID
SOUTHEAST QUARTER OF SECTION 24 DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT J, -RESERVED FOR FUTURE
STREET", OF VALLE VERDE COUNTRY CLUB ESTATES, ACCORDING TO MAP
THEREOF NO. 4683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 21, 1960; THENCE NORTH 88°33'17" WEST, ALONG
THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 30.00 FEET; THENCE
NORTH 1026'43" EAST, 232.00 FEET TO THE BEGINNING OF TANGENT 550.00
FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°16'53", A DISTANCE OF
194.69 FEET; THENCE RADIAL TO SAID CURVE NORTH 68016124" WEST, 30.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 76033132" WEST,
484.14 FEET; THENCE NORTH 4002132" WEST, 280.84 FEET; THENCE NORTH
84041'38" EAST, 271.61 FEET; THENCE SOUTH 63004142" EAST, 426.61 FEET
TO A POINT ON THE ARC OF A 580.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY, BEING CONCENTRIC WITH AND DISTANT 30.00 FEET WESTERLY
MEASURED RADIALLY FROM THE ABOVE MENTIONED 550.00 FOOT RADIUS CURVEA
RADIAL LINE TO SAID POINT BEARS NORTH 40045124" WEST; THENCE
SOUTHERLY ALONG THE ARC OF SAID 580.00 FOOT CURVE, THROUGH A CENTRAL
ANGLE OF 27031'00", A DISTANCE OF 278.55 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 8:
ALL THAT PORTION OF THE NORTHWEST QUARTER (LOT 3) OF THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING WESTERLY OF -A
LINE THAT IS PARALLEL TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER
(LOT 3) AND IS 687.61 FEET EASTERLY THEREOF, EXCEPTING THEREFROM THAT
PORTION DESCRIBED AS FOLLOWS:
PAGE 33
757
ORDER NO. 1012118-6
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 24, TOWNSHIP 13
SOUTH, RANGE 2 WEST; THENCE SOUTH 33°00'56" EAST, 816.25 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 40°43100" EAST, 89.98 FEET;
THENCE SOUTH 82°17'00" EAST, 70.00 FEET; THENCE SOUTH 52017100" EAST,
120.00 FEET; THENCE SOUTH 7°43'00" WEST, 105.29 FEET; THENCE NORTH
82°17'00" WEST, 187.50 FEET; THENCE NORTH 14°17100" WEST, 65.00 FEET
TO A POINT TO BE KNOWN HEREIN AS POINT "A"; THENCE NORTH 1401710011
WEST, 31.00 FEET; THENCE NORTH 40043100" EAST, 2.98 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 9:
ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 24, TOWNSHIP 13 SOUTH, RANGE 2 WEST,SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT J, "RESERVED FOR FUTURE
STREET", OF VALLE VERDE COUNTRY CLUB ESTATES, ACCORDING TO MAP
THEREOF NO. 4683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 21, 1960; THENCE NORTH 88033117" WEST, ALONG
THE NORTHERLY LINE OF SAID LOT J, A DISTANCE OF 30.00 FEET; THENCE
NORTH 1°26'43" EAST, 232.00 FEET TO THE BEGINNING OF A TANGENT 550.00
FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20016'53", A DISTANCE OF
194.69 FEET; THENCE RADIAL TO SAID CURVE NORTH 68016124" WEST, 30.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 76033132" WEST,
484.14 FEET; THENCE NORTH 4002132" WEST, 280.84 FEET; THENCE NORTH
84°41'38" EAST, 271.61 FEET; THENCE SOUTH 63004142" EAST, 426.61 FEET
TO A POINT ON THE ARC OF A 580.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY, BEING CONCENTRIC WITH AND DISTANT 30.00 FEET WESTERLY
MEASURED RADIALLY FROM THE ABOVE MENTIONED 550.00 FOOT RADIUS CURVE A
RADIAL LINE TO SAID POINT BEARS NORTH 40045124" WEST; THENCE
SOUTHERLY ALONG THE ARC OF SAID 580.00 FOOT CURVE, THROUGH A CENTRAL
ANGLE OF 27031'00", A DISTANCE OF 278.55 FEET.TO THE TRUE POINT OF
BEGINNING, CONTAINING AN AREA OF 4.11 ACRES, MORE OR LESS.
PARCEL 10:
THE. SOUTHWEST QUARTER OF SECTION 18; THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19; THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 19; THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19; ALL IN
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF.
PAGE 34
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® ® 759
RESOLUTION NO. P-92-67
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 92-04
ASSESSOR'S PARCEL NUMBER 273-182-18, 19; 273-100-10, 11;
277-010-02, 05, 22, 23; 277-070-24, 27-31;
277-07.1-01, 02, 08, 09; 277-140-01, 06, 23, 24; AND 26
WHEREAS, Tentative Parcel Map 92-04, hereinafter "Map" submitted by
Environmental Development, Inc., Bruce Tabb, applicant, for the purpose of
subdividing the real property, situated in the City of Poway, County of San Diego,
State of California, described as the portion of Sections 18, 19, and 30,
Township 13 North, Range One West, San Bernardino Base Meridian and a portion of
Section 24 and 25, Township 13 South, Range 2 West San Bernardino Base Meridian
into four parcels and a remainder parcel; and
WHEREAS, the Director of Planning Services has recommended approval of the
map subject to all conditions set forth in the Planning Services Department
report; and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council- does hereby resolve as follows:
Section 1: Environmental Findings:
The City Council finds that the proposed parcel map is consistent with the
Old Coach Golf Estates project for which a Final Environmental Impact
Report (SCH #90010015) was certified by the City Council on May 15, 1990.
The Final Environmental Impact Report has been considered and found to
contain an adequate assessment of the impacts of the proposed parcel map.
The map has been conditioned to implement all applicable mitigation
measures identified in the Final EIR.
Section 2: Findings:
The proposed project will be consistent with the general plan in
that the proposed land use will be a development consisting of a
golf course and single-family residences on lots of one acre or more
in size and the General Plan designates this site for rural
residential development. Tentative Parcel Map 92-04 is designed to
accommodate the low density residential development.
The design and improvements of the tentative parcel map are
consistent with all applicable general and specific plans in that
conditions.of approval for the map specify that it must comply with
all requirements of Specific Plan 89-01 which was written
specifically for the Old Coach project.
The site is physically suitable for the type of development proposed
in that the site is located within an area of predominantly single-
family residential development and the underlying project has been
0 ® 760
Resolution No. P-92-67,
Page 2
designed to substantially observe the natural contours of the land
and avoid impacts on sensitive riparian ,habitat and wildlife
corridors. No physical improvements are proposed with the tentative
parcel map other than those approved with the original tentative
map.
4. The site is physically suitable for the density of the development
proposed; in that the proposed lots meet the acreage requirements of
the specific plan and underlying RR -A and RR -C zones.
5. The design of the parcel map is not likely to cause substantial
environmental damage and avoidable injury to humans and wildlife or
their habitat, because appropriate mitigation measures have been
identified by the project EIR and will be implemented with project
construction.
6. The tentative parcel map is not likely to cause serious public
health problems, because City water and sewer services will be
provided to the new parcels. Low flow plumbing fixtures will be
required throughout future buildings on the site. Landscaping plans
will eventually be prepared with minimal water consumption and
incorporating low volume irrigation techniques for trees and shrubs.
7. The design of the tentative parcel map will not conflict with any
easement acquired by the public at large, now of record, for access
through or use of the property within the proposed subdivision.
8. The project will not create adverse impacts on the environment,
because it is a minor land division and the underlying Tract Map 89-
13R will .comply with all requirements of the project .EIR.
Section 3: City Council Decision:
The City Council hereby approves Tentative Parcel Map 92-04 subject to the
following conditions:
1. Within 30 days of approval (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 on Real Property.
2. Prior to any clearing, brushing, or grubbing of areas not already
cleared, or approved for clearing, an Administrative Clearing Permit
shall be obtained.
3. The developer shall design and construct a water system for the
transportation of reclaimed water throughout the project in
accordance with Poway's Master Plan. Said construction shall be
complete within six months of availability of reclaimed water. This
condition supersedes Condition No. 6 on Page 13 of Resolution No. P-
90-91.
® 761
Resolution No. P-92-67
Page 3
4. The applicant shall enter into a contract with the City of Poway for
service of reclaimed water at a market rate when it becomes
available. When reclaimed water becomes available, this project
will be required to relinquish the use of the aqueduct except in
emergencies. This condition supersedes Condition No. 7 on Page 3 of
Resolution No. P-90-91.
5. In the event that Tentative Tract Map ,89-13R and Conditional Use
Permit 90-13 expire or are rescinded by City Council, owner may
develop the property pursuant to the underlying zoning of the
property in its existing condition after obtaining all approvals and
permits required by the City for the proposed development.
6. Once the sale of individual lots commences, if Parcel 2 or 3 is not
developed as a golf course within ten years of the sale of the last
lot, then an irrevocable easement for the undeveloped parcel shall
be offered to the City of Poway for the City to develop the parcel
as a municipal golf course or to hold the land in permanent natural
open space.
ENVIRONMENTAL MITIGATION MEASURES
1. The required environmental mitigation :measures are contained in the
document entitled Mitigation Monitoring and Reporting Program - Old Coach
Golf Estates (SCH #90010015) dated May 1990:
2. Tentative Parcel Map 92-04 shall comply with all of the conditions
contained in the environmental document referenced above. In the event
that one or more of the four parcels are developed independent of the
project as a whole, that parcel must complete all of the environmental
requirements which apply to that specific parcel. In addition, the
following are specific mitigation measures which must be met before any
development permit (grading, building, or clearing) can be granted on any
of the four parcels or remainder parcel.
a. Preservation of the entire riparian forest corridor - 100 foot
buffer as dedicated biological open space easement (Item 1 and 2,
Page 9).
b. Preservation of southern oak woodland habitat, 25 foot buffer in
dedicated biological open space easement (Item 1 and 2, Page 11).
C. Protection of five stands of Palmer's encameria in permanent open
space easements (Item 2, Page 12).
d. Submittal of final acreage calculations for riparian oak woodland
and coastal sage scrub based on detailed grading plans (Item 3, Page
17).
® 9 762
Resolution No. P-92-67
Page 4
e. Completion of mitigation for impacts to coastal sage habitat as
detailed in the Settlement Agreement between the Sierra Club, City
of Poway, and Environmental Development Ltd. Case No. 633634 (Sierra
v. Poway).
Within.30 days of project approval, the applicant shall complete the
removal and clean-up of silt in the riparian and oak woodland areas.
Required procedures for cleanup are detailed in the letter by the project
biologist, Vince Scheidt, dated February 10, 1992. The work must be
monitored and approved by a qualified biologist.
Within 30 days of project approval, the applicant shall complete
installation of erosion control measures throughout the entire project
site to the satisfaction of the Directors of Planning and Engineering
Services.
MATRIX OF CONDITIONS OF APPROVAL
Should the applicant'or future property owner(s) choose to develop one or more
of the parcels created by this map,or the remainder parcel independent of the
project as a whole, development must comply with the following matrix which
classifies each of the conditions of approval from City Council Resolutions No.
P-90-34 and P-90-91. When a condition is designated as A, B, C, or D, it
indicates that:
A. The requirement must be completed or bonded for the entire project
area before Tentative Tract Map 89-13R or any portion thereof may be
finaled and before building or grading permits can be issued for
golf course development on any parcel created by Tentative Parcel
Map 92-04. ,
The requirement must be completed or bonded for within a specific
area or phase before the corresponding portion of Tentative Tract
Map 89-13R may be finaled
The applicant may complete these conditions in phases or increments
as the individual lots to which they apply are developed.
Conditions -are to be completed in conjunction with grading or
building permits.
The requirement does not apply to the corresponding parcel.
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0 0 772
Resolution No. P-92-67
Page 14
GENERAL REQUIREMENTS AND APPROVALS
The tentative parcel map approval shall expire on November 10, 1994. An
application for time extension must be received 90 days prior to
expiration in accordance with the City's Subdivision Ordinance. .
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 10th day of November 1992.
ATTEST:
MarjorWahlsten, City Clerk
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO
/MCS
IXIffif
Kathy Mc yre, Deputy Mayor
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-92-67 , was duly adopted by the City Council at a meeting of said City
ounci a on the 10th day of November 1992; and that
it was so adopted by t e o lowing vote:
AYES:. HIGGI_NSON, MCINTYRE., SNESKO
NOES: EMERY
ABSTAIN: NONE
ABSENT: NONE
Marjoriie r. Wahlsten, City Clerk
0.EP0AT\iPn9204.AE5 City 0uway
(Note: One vacancy created by termination of Mayor Goldsmith's appointed term
on November 3, 1992.)
® 4
DCRPORATE ACKNOWEDGMERr
r State of
) S
` County OfC)>Llirl AG 0 6n) )
k
r
k
* OFFICIAL NOTARY SEAL
PHYLLIS CAROL MANFUL
Notary Public — California
r` SAN DIEGO COUNTY
k My Comm. EPIrm DEC 05,1995
740
cn this the AJ day of TLG<i19 ZL, before me,
*
-rffr -L[.S (HReOL rnAvVFvc , *
the undersigned Notary Public, personally appeared
*
ic121< 5. HUdkABoNE `1-)l9SToiG G,eAec T2rNiry,
r *
` proved to me on the basis of satisfactory evidence to
be the person(s) who executed the within instrlurent as
P�iSTo2 6�AEC-'r1z1Nrtyor on behalf of the corporation
therein nom, and acknowledged to me that the corporation
executed it.
/ my hand and offlci Seal.
f ' / 1 n. n A �., n /l
' Notary' Signature