Covenant Regarding Real Property 1992-0093380
521
.RECORD I NG REQUEST BY: )
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CITY OF POWAY )
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WHEN RECORDED MAIL TO: )
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CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
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DOC ~ 1992-0093380
21-FEB-1992 08=10 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
- ANNETTE EVANS, COUNTY RECORDER
~:F: 18.00 FEES: 50.00
AF: 31.00
~F: 1.00
No Transfer Tax Due Recorder's Use
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COVENANT REGARDING REAL PROPERTY
Poway Creekside Partners ("OWNER" hereinafter) is the owner of
real property described in Exhibit A which is attaahed hereto and
made a part hereof and which is commonly known as Assessor's Parcel
Number 317-480-11 ("PROPERTY" hereinafter). In consideration of
the approval of Specific Plan Amendment 89-04A, Tentative Tract Map
90-05R, Variance 91-10, and Development Review 91-31 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 Specific Plan Amendment 89-04A, Tentative
Tract Map 90-05R, Variance 91-10, and Development Review 91-31
expire or are rescinded by City Council at the request of the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, f rom the other party. The CI TY may ass ign to persons
impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
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Dated:
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OWNER (Notarize)
Dated:
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CITY OF POWAY
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The land referred to is situated in the State of California, County
of San Diego and is described as follows:
Parcels I and 2 of Parcel Map No. 16213 in the City of Poway,
County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, September 7, 1990 as File
No. 90-489345 of Official Records.
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()1 this the day of 19 _, before 1m, *
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the undersigned tbtary Public, personally appeared
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executed it.
WI'rnESS my hand and official seal.
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en this the lOti day of h6ru<1rl.f 19 Cjz., before Ire, *
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the undersigned Notary Public, personally appeared *
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the ship executed it.
WI my and official seal.
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()1 this the
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the undersigned tbtary Public, personally appeared
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WIWESS my hand and official seal.
Notary I 5 Signature
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RESOLUTION NO.
P- 92-03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY"CALIFORNIA
APPROVING TENTATIVE TRACT MAP 90-05R,
VARIANCE 91-10, AND DEVELOPMENT REVIEW 91-31
ASSESSOR'S PARCEL NUMBER 317-480-11
WHEREAS, Tentative Tract Map 90-05R, hereinafter "Map"
submitted by ADI Properties, applicant, for the purpose of
subdividing the real property situated in the City of Poway, County
of San Diego, State of California, described as Parcels 1 and 2 of
Parcel Map No. 16213, recorded September 7, 1990 as File No. 90-
489345 of the Official Records, regularly came before the City
Council for public hearing and action on January 14, 1992; and
WHEREAS, the Director of Planning Services has recommended
approval subject to conditions set forth in the Planning Services
Department report; and
WHEREAS, the City Council of the City of poway has read and
considered said report and has considered other evidence presented
at the public hearing.
NOW, THEREFORE, the City Council does hereby resol ve as
follows:
Section 1: Environmental Findinqs:
The previously certified Final EIR for the Haley Trust
Property (SCHf 88081711) adequately addresses the potential
environmental impacts of the proposed development.
Section 2: Findinqs:
Tentative'Tract Map 90-05R
1. The proposed project is consistent with the newly adopted
general plan; in that it provides for the development of
a commercial center containing high order goods and
services in keeping with the character envisioned for the
Community Commercial land use.
2. The design and improvement of the revised tentative map
is consistent with all applicable general and specific
plans; in that the design is conditioned to conform to
the development standards of the adopted specific plan.
3. The site is physically suitable for the type of
development proposed; in that the site is located within
the central commercial corridor at a primary
intersection.
4. The site is physically suitable for the density of the
development proposed, in that the lot is relatively flat
and lends itself to shopping center development.
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Resolution No. P- 92-03
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5.
The design of the shopping, center is not likely to cause
substantial environmental damage and avoidable injury to
humans and wildlife or other habitat; in that these
factors were considered in the Environmental Impact
Report (EIR). The project provides for the retention of
some mature trees.
6. The revised tentative tract map is not likely to cause
serious public health problems; in that all lots will be
served by public water and sanitary sewer service.
7. The design of the revised tentative tract map will not
conflict with any easement of the public at large, now of
record, for access through or use of the property within
the proposed project area.
Development Review 91-31
1. That the proposed proj ect is in conformance with the
poway General Plan in that the site is designated as the
commercial town center and the plaza has been designed to
provide high order goods and services.
2.
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That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties because rooflines,
building materials, and architectural design and scale
are comparable with both the Town and Country Center and
poway Plaza (Builders Emporium Center).
3. That the proposed development is in conformance with the
intent and purpose of the Zoning Ordinance and adopted
specific plan in that all performance standards will be
met through project construction.
4. That the proposed development encourages the orderly and
harmonious appearance of structures and property within
the City because it is similar to and complements the
adj acent development and it complies with the design
guidelines of the General Plan regarding the use of
textured building materials, generous roof overhangs,
recessed doorways and windows, use of arbors and
trellises and generous planting areas and most
importantly, the retention of 19 existing mature trees in
the new site plan.
Variance 91-10
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1.
That there are special circumstances applicable to the
property, (size, shape, topography, location or
surroundings), in that the lot narrows in width from west
to east, while roadway dedications along poway Road
remove a uniform width of lot frontage.
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Resolution No. P-92-03
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That granting the variance or its modification is
necessary for the preservation and enjoyment of a
substantial property right possessed by other property in
the same vicinity and zone and denied to the property for
which the variance is sought, because a free right turn
lane has been designed at the northwest corner of the
subj ect property to accommodate traffic flows at the
Poway/Community Road intersection thus diminishing the
usable square footage of the property substantially. No
other property at this intersection has been required to
dedicate a similar amount of land.
3. Granting the variance will not be materially detrimental
to the public health, safety, or welfare or injurious to
the property or improvements in the vicinity and zone in
which the property is located because all other
development standards, wi th the exception of parking
space setbacks along street frontages, will be met.
The granting of this variance does not constitute a
special privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which such
property is situated, because there are other structures
in the immediate vicinity which encroach into the street
setback. These include, the poway News Chieftain
offices, the Security Pacific Bank, and portions of the
Lively Center, all located within one block of the
subject site.
5. The granting of this variance does not allow a use or
activity which is not otherwise expressly authorized by
the Zoning Ordinance governing the parcel of property,
because shopping centers are an approved use in the CC
zone.
6. The granting of the variance or its modification will not
be incompatible with the City of poway General Plan in
that a commercial center offering high order goods and
services was or!ginally envisioned on this site by the
first poway General Plan.
Section 3: City Council Decision:
The City Council hereby approves Tentative Tract Map 90-05R,
Variance 91-10, and Development Review 91-31 subject to the
following conditions:
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.
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Resolution No. P- 92-03
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APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. The theater building exterior elevations shall be modified to
provide additional architectural interest on all sides, with
the placement of wood siding, wood plant-on's and improved
roof lines which more closely integrate this building with the
rest of Creekside Plaza. This shall be accomplished to the
satisfaction of the Director of Planning Services.
2. Because of the sensitivity of the creek area, no paving may be
placed within ten feet of the southerly property line, so as
to provide an adequate buffer during the grading process.
This area shall be staked and fenced prior to commencement of
grading operation.
3. Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the
conditions contained herein.
4.
Revised site plans and building elevations incorporating all
condi tions of approval shall be submitted to the Planning
Services Department prior to issuance of building permits.
5.
Approval of this request shall not waive compliance with all
sections of the Zoning Ordinance other than those exceptions
listed within the specific plan document, and compliance with
all other applicable City Ordinances in effect at the time of
building permit issuance.
6. For a new commercial development, or addition to an existing
development, the applicant shall pay development fees at the
established rate. Such fees may include, but not be limited
to: Permit and plan Checking Fees, Water and Sewer Service
Fees. These fees. shall be paid prior to building permit
issuance.
7. All roof appurtenances, including air conditioners, shall be
architecturally integrated, shielded from view and sound
buffered from adjacent properties and streets as required by
the Planning Services Department.
8. This approval shall become null and void if building permits
are not issued for this project within two years from the date
of project approval.
PARKING AND VEHICULAR ACCESS
1.
All parking lot landscaping shall consist of a minimum of one
15 gallon size tree for every three spaces. For parking lot
islands, a minimum 12 inch wide walk adjacent to parking
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Resolution No. P- 92-03
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stalls shall be provided and be separated from vehicular areas
by a six inch high, six inch wide portland concrete cement
curbing.
2.
Parking lot lights shall be low pressure sodium and have a
maximum height of 18 feet from the finished grade of the
parking surface and be directed away from all property lines,
adjacent streets and residences.
All two-way traffic aisles shall be a minimum of 25 feet wide
and emergency access shall be provided, maintained free and
clear, a minimum of 20 feet wide at all times during
construction in accordance with Safety Services Department
requirements.
All parking spaces shall be double striped.
3.
4.
LANDSCAPING
1. A detailed xeriscape landscape and low volume irrigation plan
shall be submitted to and approved by the Planning Services
Department prior to the issuance of building permits.
2.
A Master plan of the existing on-site trees shall be provided
to the Planning Services Department prior to the issuance of
building permits and prior to grading, to determine which
trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and
shall be trimmed and/or topped. Dead, decaying or potentially
dangerous trees shall be approved for removal at the
discretion of the Planning Services Department during he
review of the Master Plan of existing on-site trees Those
trees which are approved for removal shall be replaced on a
tree-for-tree basis as required by the Planning Services
Department.
4. Street trees, a minimum of 15 gallon size or larger, shall be
installed in accordance with the City of poway ordinance and
shall be planted at an average of every 30 feet on interior
streets and 20 feet on exterior streets.
5. All landscaped areas shall be maintained in a heal thy and
thriving condition, free from weeds, trash, and debris.
SIGNS
1.
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
2. A Comprehensive Sign Program for this development shall be
submitted to the Planning Services Department for their review
prior to issuance of building permits. Approval shall be by
the City Council.
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APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. A reciprocal access and maintenance agreement shall be
recorded prior to final map approval. This agreement shall
insure access to all parcels over driveways and parking areas
and maintenance thereof, to the satisfaction of the City
Engineer.
2. Building slab and footing locations shall be verified prior to
recordation of final map, where building footprints coincide
with property lines.
3. Abutters rights of access to Community, Poway, and Midland
Roads, shall be waived on the final map except at the approved
driveway locations.
4. Sewer, water, and storm drain easements shall be dedicated on
the final map to the satisfaction of the City Engineer, or by
separate instrument.
5 A flowage easement conforming to the approved hydraulic report
for poway Creek shall be dedicated on the final map or by
separate instrument.
Prior to final map approval, all of the public improvement
requirements set forth in the Conditions of Approval for
Development Review 91-31 shall be installed and provided, or
deferred by guaranteeing installation within two years from
map recordation or prior to building permit issuance,
whichever comes first, by the execution of a performance
agreement secured with sufficient securities in a form
approved by the City Attorney.
GRADING
6.
1. Prior to grading, a construction fence shall be placed along
poway Creek to protect existing vegetation.
2. The developer shall coordinate grading operations to
accommodate construction of a pedestrian bridge across poway
Creek.
3. All slopes shall have a minimum inclination of 2:1.
4. Grading in poway Creek shall conform to the approved Hydraulic
study and shall be subj ect to the approval of the City
Engineer.
5. Grading of the subject property shall be in accordance with
the Uniform Building Code, City Grading Ordinance, approved
grading plan and geotechnical report, and accepted grading
practices.
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6.
A soils report shall be prepared by a qualified engineer
licensed by the state of California to perform such work at
first submittal of grading plan.
7. The final grading plan shall be subject to review and approval
by the Planning and Engineering Services Departments and shall
be completed prior to issuance of building permit.
STREETS AND SIDEWALKS
1. All Circulation Element roads shall be dedicated and improved
to Circulation Element road standards and to the
specifications of the Director of Engineering Services.
2. The developer shall install an eight phase traffic signal at
the intersection of Community Road and Civic Center Drive.
3.
The developer shall modify the traffic signal at the
intersection of poway and Community Roads to accommodate the
widening of Community Road and poway Road and a free right
turn from northbound Community Road to eastbound poway Road.
The design of this turn shall be subject to the approval of
the Director of Engineering Services. The intersection shall
be modified to accommodate dual left turn lanes on northbound
Community Road and westbound poway Road. The final
intersection design is subject to the approval of the Director
of Engineering Services.
4. Vehicular access rights to Poway, Community, and Midland Roads
shall be dedicated to the City of poway and labeled on the
final map to the satisfaction of the Director of Engineering
Services or by separate document, except at approved driveway
locations.
5. Street striping and signing shall be installed to the
satisfaction of the Director of Engineering Services.
6. All street structural sections shall be submitted to and
approved by the Direator of Engineering Services. Pavement
sections for parking lots shall meet the minimum requirements
or Section 12.20.080 of the Municipal Code.
7. Street improvement plans prepared on standard size sheets by
a Registered Civil Engineer shall be submitted for approval by
the Director of Engineering Services. plan check and
inspection expenses shall be paid by the developer.
8. All exterior street improvements shall be constructed prior to
issuance of building permits, to the satisfaction of the
Director of Engineering Services.
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F 9. street improvements that include, but are not limited to:
X Sidewalks X Cross gutter
x Driveways X Alley gutter
X Wheel chair ramps X street paving
X Curb and gutter X Alley paving
shall be constructed prior to the occupancy of the units to
the satisfaction of the Director of Engineering Services.
10. All damaged off-site public works facilities, including
parkway trees, shall be repaired or replaced prior to
exoneration of bonds and improvements, to the satisfaction of
the Department of Engineering Services.
11. Prior to any work being performed in the public right-of-way,
an encroachment permit shall be obtained-from the Engineering
Services Department and appropriate fees paid, in addition to
any other permits required.
12. The developer shall pay one half the cost of a City approved
landscaped median along the poway Road frontage prior to final
map approval.
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13. The developer shall pay the Traffic Mitigation Fee at the
established rate at building permit issuance.
14. All driveways shall be designed as alley aprons with a minimum
curb return radius of 20 feet.
15. Community Road shall be widened on both sides to five lanes
(three northbound, two southbound), plus a raised landscaped
median along the proj ect frontage. The curb-to-curb width
sh~ll be approximately 90 feet. Improvements shall include
pavement, striping, curb, and gutter, landscaped median,
sidewalk on both sides, street lights, and fire hydrants. The
final design of the roadway shall be subject to the approval
of the Director of Engineering Services.
16. poway Road shall be widened on the south side to include a
through lane adjacent to the curb. In addition, the median in
poway Road shall be widened and landscaped to 24 feet from
Community Road to Midland Road. Dual left turn lanes shall be
installed in the westbound lanes at the intersection of
Community Road and in the eastbound lanes at the intersection
of Midland Road. The opening at mid-block shall be modified
to allow "left turn in only". The approximate curb-to-curb
width shall be 94 feet; however, the final design shall be
subject to approval of the Director of Engineering Services.
17. The developer shall dedicate and improve Midland Road to City
Standards for a Secondary Roadway (84/64) from poway Road to
the entrance on Midland Road. This shall include a raised
landscaped median. The roadway shall transition to 60/40
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south of the entrance. Design of Midland Road shall be
subject to the approval of the City Engineer. The developer
shall be responsible for modification of the existing signal
at poway Road to accommodate any changes to Midland Road.
DRAINAGE AND FLOOD CONTROL
1. An open space/drainage easement shall be dedicated to the City
over the floodway area as established by the approved
Hydraulic Report for poway Creek. This easement shall be
dedicated prior to occupancy.
2. Intersection drains will be required at locations specified by
the Director of Engineering Services and in accordance with
standard engineering practices.
3. A drainage system capable of handling and disposing of all
surface water originating within the property , surface waters
that may flow onto the propertyjacent lands, shall be
required. Said drainage system shall include any easements
and structures as required by the Director of Engineering
Services to properly handle the drainage.
Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
4.
5.
The Master Plan of Drainage Fee shall be paid at the
established rate in accordance with the Drainage Ordinance at
the date of final inspection or at the date the Certificate of
Occupancy is issued, whichever occurs later.
6. Concentrated flows across driveways and/or sidewalks shall not
be permitted.
UTILITIES
1. All on-site water mains shall be public. plans shall be
prepared on standard size sheets by a Registered Engineer and
submitted for approval by the Director of Engineering.
Easements shall be dedicated to the City over all water lines
for a minimum of 20 feet wide.
2. Existing water lines and wells shall be located prior to
grading and abandoned in accordance with County Health
Department standards and City requirements.
3. Fire hydrants and post indicator valves shall be located by
the Fire Marshal prior to issuance of building permits.
4. All existing sewer facilities (1. e., sewer lines, septic
facilities) shall be located prior to grading and abandoned
according to City and County requirements. Existing
facilities to remain shall be properly protected during
construction.
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5.
A1.1. on-site sewer mains sha1.1. be pub1.ic. P1.ans sha1.1. be
prepared on standard sized sheets by a Registered Engineer and
submitted to the City for approval. An easement, at least 20
feet wide, shall be dedicated over all sewer mains. Joint
easements for sewer and water shall be 30 feet wide.
6. All proposed utilities within the project shall be installed
underground including existing utilities along Circulation
Element roads and/or highways less than 34.5 KV.
7. utility easements shall be provided to the specification of
the serving utility companies and the Director of Engineering
Services.
8. The developer shall be responsible for the relocation and
undergrounding of existing public utilities as required.
9. Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the City of
poway and the County of San Diego Department of Health.
10. Prior to acceptance of property for sewer service, annexation
to the sewer improvement area shall occur.
11. The applicant shall pay for a water system analysis to
establish the proper size and location for the public water
system. The amount will be determined by the cost of the
analysis and shall be paid upon demand by the City.
12. The applicant shall, within 30 days after receiving approval
of the development review apply for a Letter of Availability
(LOA) to reserve sewerage availability and post with the City,
a nonrefundable reservation fee equal to 20% of the
appropriate sewerage connection fee in effect at the time the
LOA is issued.
13. Developer shall construct a light system conforming to City of
poway standards at no cost to the public, subj ect to the
following:
a. cut-off luminaries shall be installed which will provide
true 90 degree cutoff and prevent projection of light
above the horizontal from the lowest point of the lamp or
light emitting refractor or device.
b. All fixtures shall use a clear, low pressure sodium vapor
light source.
c.
Advance energy charges and District engineering charges
shall be paid by the developer.
Annexation to the lighting district shall be accomplished
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Resolution No. P-92-03
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and evidence of annexation,shall be accomplished at the
time of final inspection or Certificate of Occupancy,
whichever occurs later.
Cable television services shall be provided and installed
underground. The developer shall notify the cable company
when trenching for utilities is to be accomplished.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
14.
1. Roof covering shall be fire retardant as per Uniform Building
Code Section 3203(e) and City of poway Ordinance No. 64.
2. The buildings shall display their numeric address in a manner
visible from the access street. Minimum size of building
numbers is six inches on the front facade of the building.
Building addresses shall also be displayed on the roof in a
manner satisfactory to the Director of Safety Services.
3. A 'Knox' Security Key Box shall be required for each building
at a location determined by the City Fire Marshal. A "Knox"
padlock shall be required for the fire sprinkler system Post
Indicator Valve for each building.
Fire Department access for use of fire fighting equipment
shall be provided to the immediate job construction site at
the start of construction and maintained at all times until
construction is completed.
4.
5. Every building hereafter constructed shall be accessible to
Fire Department apparatus by way of access roadways with all-
weather driving surface of not less than 20 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. The road
surface type shall be approved by the City Engineer, pursuant
to the City of poway Municipal Code.
6. Permanent access roadways for fire apparatus shall be
designated as wFire LanesW with appropriate signs and curb
markings prior to building occupancy.
7. An approved fire sprinkler system will be required to be
installed in all buildings. The entire system is to be
monitored by a central monitoring company. System post
indicator valves with tamper switches, also monitored, are to
be located by the City Fire Marshal prior to installation.
New on-site fire hydrants are required. The location of the
hydrants shall be determined by the City Fire Marshal.
Approximate locations will be determined with the proj ect
Civil Engineer.
8.
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535
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Resolution No. P- 92-03
Page 12
9.
Prior to delivery of combustible building material 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 the satisfaction of the City.
GENERAL REQUIREMENTS AND APPROVALS
1. Prior to recordation, a Notice of Intention to form landscape
and/or lighting districts shall be filed with the City
Council. The engineering costs involved in district formation
shall be borne by the developer.
2. Final tract map shall conform to City standards and
procedures.
3. Should this property be further divided, each final map shall
be submitted for approval by the Director of Engineering
Services.
4.
All provisions of the Subdivision Ordinance of the poway
Municipal Code shall be met as they relate to the division of
land.
5.
Prior to final map approval, all dedications shall be made and
easements granted as required above.
6. The tentative map approval shall expire on January 14, 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 14th day of Janu~rY, 1~992'
.\\. ' ' ?'l: V
~--. ({",/
Jan\ Goldsmith, Mayor
'-....... .
-'
ATTEST:
'J I\~~ K )Ua-U'k
Marjor(j K. Wahlsten, City
Clerk
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536
(
Resolution No. p-92-03
Page 13
STATE OF CALIFORNIA
55.
COUNTY OF SAN DIEGO
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-92-03 , was duly adopted by the City Council
at a meeting of said City Council held on the 14th day of ____
January ,1992, and that it was so adopted by the following
vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
m
Marjori
City f
k )/1) tV1.>, ~
K. Wahlsten, City
poway
Clerk
REPORTITTM9005R.RES