Covenant Regarding Real Property 1991-0449267
RECORDING REQUEST BY: )
)
CITY OF POWAY )
)
WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
)
No Transfer Tax Due )
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~~c U 1991-0449267
0~-SEP-1991 08:41 AM
OFFICIAL RECORDS
SAH DIEGO COUNTY RECORDER'S OFFICE
AHNETTE EVANS, COUNTY RECOROER
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AF: 33.00
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(This space f~~RecQ~der's Use)
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COVENANT REGARDING REAL PROPERTY
Betty Lou Pierson as to Parcels 1, lA, lB, 3 through 6
inclusive and Frank E. Pierson as to Parcels 2 through 6 inclusive
("OWNER" hereinafter) are the owners 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 Number 323-090-52, 59
("PROPERTY" hereinafter). In consideration of the approval of
Tentative Parcel Map 91-06 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 91-06 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rescinded by City Council at the request of the OWNER, CITY shall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 ~nforce
this Covenant against OWNER. ,/
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Dated:
11 ;:(9/
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Dated:
Dated:
CITY OF POWAY
By
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(NO need to N arize)
SCHEDULE A PAGE NO. 2 37~"'DER NO. 149106-05
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LEGAL DESCRIPTION
/
PARCEL 1:
THE SOUTHERLY 10 ACRES OF THE EASTERLY 20 ACRES OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 14 SOUTH. RANGE 1 WEST. SAN BER-
NARDINO BASE AND MERIDIAN. IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA.
ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHERLY 10 ACRES; THENCE ALONG
THE WESTERLY LINE OF SAID SOUTHERLY 10 ACRES. SOUTH 0057'05" WEST 210.00
FEET; THENCE SOUTH 3055'17" EAST 176.40 FEET; THENCE NORTH 72037'52" EAST
158.01 FEET; THENCE NORTH 0057'05" EAST 160.00 FEET TO THE NORTHERLY LINE
OF SAID SOUTHERLY 10 ACRES; THENCE ALONG SAID NORTHERLY LINE, NORTH
88055'17" WEST 326.40 FEET TO THE POINT OF BEGINNING.
PARCEL lA:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER. UPON AND
ACROSS ALL THAT PORTION OF THE SOUTHERLY 10 ACRES OF THE EASTERLY 20 ACRES
OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19. TOWNSHIP 14
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN. IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, INCLUDED
WITHIN A STRIP OF LAND 60.00 FEET OF EVEN WIDTH. THE CENTER LINE OF SAID
60.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE WESTERLY 30.00 FEET OF SAID PRO-
PERTY DESCRIBED IN EXCEPTION TO PARCEL 1 ABOVE; THENCE ALONG THE EASTERLY
LINE OF SAID WESTERLY 30.00 FEET. NORTH 0057'05" EAST 152.52 FEET TO THE
BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22032'38"
A DISTANCE OF 59.02 FEET TO THE NORTHERLY LINE OF SAID PROPERTY DESCRIBED
IN EXCEPTION TO PARCEL 1 ABOVE.
PARCEL IB:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES, TO BE
USED IN COMMON WITH OTHERS, OVER, UNDER. ALONG AND ACROSS THE NORTHERLY
60.00 FEET OF THE EASTERLY 60.00 FEET OF THE SOUTHERLY 10 ACRES OF THE
WESTERLY 20 ACRES OF THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTH-
WEST QUARTER OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST. SAN BERNARDIN(
BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
PARCEL 2:
THE SOUTHERLY 10 ACRES OF THE WESTERLY 20 ACRES OF THE EASTERLY 40 ACRES 01
THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 19. TOWNSHIP 14 SOUTH.
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
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~LEGAL DESCRIPTION CONEJ~'
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PARCEL 3:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES. TO BE
USED IN COMMON WITH OTHERS. OVER. UNDER. ALONG AND ACROSS A STRIP OF LAND
60.00 FEET IN WIDTH LYING WITHIN THE NORTH HALF OF THE NORTHWEST QUARTER Of
SECTION 19, TOWNSHIP 14 SOUTH. RANGE 1 WEST. SAN BERNARDINO BASE AND MERI-
DIAN. IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO UNITED
STATES GOVERNMENT SURVEY, THE EASTERLY LINE OF THE SAID STRIP BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 10 ACRES OF THE WESTERLY 20
ACRES OF THE EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER
OF SAID SECTION 19: THENCE NORTHERLY IN A STRAIGHT LINE TO A POINT ON THE
SOUTHERLY LINE OF SECTION 18. TOWNSHIP 14 SOUTH. RANGE 1 WEST. SAN BERNAR-
DINO BASE AND MERIDIAN, DISTANT THEREON 60.00 FEET WESTERLY OF THE
SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWES.
QUARTER OF SAID SECTION 18. SAID EASEMENT TO TERMINATE SOUTHERLY IN THE
SOUTHERLY LINE OF THE NORTHERLY 10 ACRES OF THE WESTERLY 20 ACRES OF THE
EASTERLY 40 ACRES OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SEC-
TION 19. AND TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF SAID SECTION
18.
PARCEL 4:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES. TO BE
USED IN COMMON WITH OTHERS. OVER, UNDER. ALONG AND ACROSS A STRIP OF LAND
60.00 FEET IN WIDTH LYING WITHIN THE WEST HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 18. TOWNSHIP 14 SOUTH. RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN. IN THE COUNTY OF SAN DIEGO. STATE OF CALIFOR'
NIA. ACCORDING TO UNITED STATES GOVERNMENT SURVEY. THE EASTERLY AND
NORTHEASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE WESTERLY 360.00 FEET OF THE
NORTHERLY 526.00 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 18: THENCE SOUTH 01023'45" EAST 500.00
FEET: THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO A POINT ON THE SOUTHERLY
LINE OF SAID SECTION 18. DISTANT THEREON 60.00 FEET WESTERLY OF THE
SOUTHEAST CORNER OF THE WEST HALF OF SAID SOUTHEAST QUARTER OF THE SOUTH-
WEST QUARTER. SAID EASEMENT TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE 0
THE NORTHERLY 526.00 FEET OF SAID WEST HALF OF THE SOUTHEAST QUARTER OF TE
SOUTHWEST QUARTER AND TO TERMINATE SOUTHERLY IN THE SOUTHERLY LINE OF SAID
SECTION 18.
PARCEL 5:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES. TO BE
USED IN COMMON WITH OTHERS OVER. UNDER AND ACROSS THE EASTERLY 60.00 FEET
OF THE WESTERLY 360.00 FEET OF THE NORTHERLY 526.00 FEET OF THE WEST HALF
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18. TOWNSHIP
14 SOUTH, RANGE 1 WEST. SAN BERNARDINO BASE AND MERIDIAN. IN THE COUNTY OF
SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENT SUR-
VEY.
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LEGAL DESCRIPTION CONTINUED
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PARCEL 6:
AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES TO BE USED
IN COMMON WITH OTHERS, OVER, UNDER, AND ACROSS A STRIP OF LAND 60.00 FEET
IN WIDTH, LYING WITHIN THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTH-
WEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY, THE EASTERLY LINE OF SAID
STRIP BEING DESCRIBED AS FOLLOWS:
BSGINNING AT THE NORTHWEST CORNER OF THE EASTERLY 245.00 FEET OF THE WEST
HALF OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG THE
WESTERLY LINE OF SAID EASTERLY 245.00 FEET, SOUTH 00043'53" EAST, 225.00
FEET TO THE SOUTHWEST CORNER OF THE NY 225.00 FEET OF THE EASTERLY 245.00
FEET OF SAID WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE SOUTHERLY IN A STRAIGHT LINE TO THE NORTHEAST CORNER OF THE
SOUTHERLY 275.00 FEET OF THE WESTERLY 360.00 FEET OF SAID NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER; THENCE ALONG THE EASTERLY LINE OF SAID WESTERLY
360.00 FEET, SOUTH 01023'45" EAST, 275.00 FEET TO THE SOUTHERLY LINE OF
SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER.
SAID EASEMENT TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF POWAY ROAD AS
NOW LOCATED AND ESTABLISHED AND TO TERMINATE SOUTHERLY IN THE SOUTHERLY
LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER.
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State of r.Rlifnrni.R } CAPACITY CLAIMED BY SIGNER
County of San Diego xD INDiVIDUAl(S)
o CORPORATE
On 5 August, 19 9lbefore me, Barbara Baker Lassiter OFFICER(S)
, TITLE(S}
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC.
o PARTNER(S)
personally appeared Frank E, Pierson and Betty L. Pierson o ATTORNEY-iN-FACT
,
NAME(S) OF SIGNER(S) o TRUSTEE(S)
o personally known to me - OR -JG1 proved 10 me on the basis of satisfactory evidence o SUBSCRIBING WITNESS
10 be the person(s) whose name(s} is/are
subscribed to the within instrument and ac- o GUARDIAN/CONSERVATOR
knowledged 10 me that he/she/they executed o OTHER:
1.......................1 the same in his/her/their authorized
e O"'C!AL SEAL capacity(ies}, and that by his/her/their
. BARBARA BAKER lASSITER signature(s) on the instrument the person(s},
,.~ NOTARY PUBLIC-CALIFORNIA SIGNER IS REPRESENTING:
SAN DiEGO COUNTY orthe entity upon behalf of which the person(s)
My Comm. Exp. June 8, 1994 acted, executed the instrument. NAME OF PERSON(S) OR ENTITY{IES)
.......................
Witness my hand and official seal.
.L~LLL?u~
SIGNATURE OF NOTARY
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Documentr.mTAn""lt Fegarding Real rrUp~LLY
MUST BE ATTACHED Number of Pages 4
TO THE DOCUMENT Date of Document 8 / 5 / 91
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above --'"71___.n.. ..
ALL-PURPOSE ACKNOWUDGMENT
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C 1991 NATIONAl NOTARY ASSOCIATION. 8236 Remmet Ave. . P.O. Box 7184. Canoga Park, CA 91304-7184
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379
RESOLUTION NO. P-91-42
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 91-06
ASSESSOR'S PARCEL NUMBER 323-090-52, 59
WHEREAS, Tentative Parcel Map 91-06, hereinafter "Map",
submitted by Frank E. Pierson, Sr., applicant, for the purpose of
subdividing real property situated in the City of Poway, County of
San Diego, State of California, regularly came before the City
Council for public hearing and action on July 16, 1991; 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 Findinqs:
A Negative Declaration with mitigation measures is recommended
based on the Environmental Initial Study. The document was
circulated to the State Clearinghouse due to the involvement
of several state agencies including the Department of
Conservation, Department of Fish and Game, U . S . Fish and
Wildlife Service, the Office of Historic Preservation, and
Native American Heritage Commission.
Section 2: Findinqs:
1. The proposed project will be consistent with the existing
general plan and there is a reasonable probability that
the project will be consistent with the proposed general
plan.
2. The design or improvement of the tentative parcel map is
consistent with the Gate Drive Specific Plan; in that the
number and configuration of the four lots is consistent
with the development standards of Specific Plan 90-01.
This site is physically suitable for the type of
development proposed; in that the development will be
concentrated on areas with gentle to moderate slopes and
pad areas will be restricted to minimize grading. The
steeper portions of the site will be designated as open
spaces.
3.
4.
The site is physically suitable for the density of the
development proposed; as each lot meets or exceeds the
380
p
Resolution No. P-91-42
Page 2
minimum square footage
Specific Plan.
5. The design of the subdivision is not likely to cause
substantial environmental damage and avoidable injury to
humans and wildlife or their habitat; because over ten
acres will be set aside for public open space and
condi tions of approval assure that the potential wildlife
impacts associated with the proposed development will be
mitigated.
required by the Gate Drive
6. The tentative parcel map is not likely to cause serious
public health problems because City water and sewer
systems 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.
This proj ect will not create adverse impacts on the
environment based on the environmental review discussion
contained in the Initial Study and on-site inspection of
the property.
l
8.
9. The effect of the subdivision on the housing needs of the
San Diego region has been considered and balanced against
the public service needs of poway residents and available
fiscal and environmental resources.
10. The design of the subdivision has provided, to the extent
feasible, for future passive or natural heating or
cool'ing opportunities in the subdivision.
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Section 3: City Council Decision:
The City Council hereby approves Tentative Parcel Map 91-06
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-91-42
Page 3
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall be developed in'~ccordance with the approved site
plans on file in the Planning Services Department, the
conditions contained herein and the provisions of Specific
Plan 90-01.
2. Revised site plans and building elevations incorporating all
conditions of approval shall be submitted to the Planning
Services Department prior to issuance of building permits.
*3. Building pads to be limited to 15,000 square feet on each
parcel to minimize the grading, visual and biological impacts.
Add the areas outside of the building pads to the open space
easement and show on final map.
*4. Grading to accommodate the construction of all accessory
structures, including tennis courts shall be limited to areas
containing natural slopes of less than 15 percent. This
grading shall not be approved in addition to the 15,000.Square
foot overall limit on grading.
*5. Comply with the permanent mitigation standard for loss of
coastal sage scrub habitat for gnatcatchers adopted by the
City Council.
*6. Dedicate ten plus acres as a biological open space easement in
fee title to the City with restrictions on brush clearing,
off-road vehicle use or the placement of any structures. Two
separate lettered lots are to be shown on the final map with
Lot A the open space easement on Parcel 1 and Lot B the open
space easements on Parcels 2, 3, and 4.
*7. Transplant the coast barrel cactuses to the on-site open space
easement.
*8. A qualified archaeologist shall determine the locations of
the three recorded archaeological sites to verify that the
sites are off-site, within the proposed ten acre open space
easement or adjustments are made to the proposed pads to avoid
the sites. In addition, an archaeologist shall be present to
observe the brushing and initial stages of work at the site.
In the event that any subsequent cultural resources are
discovered during the initial work stages, these resources
will be protected from further damage by brushing and grading,
and subsequently evaluated for significance. Any mitigation
measures required for new sites must be completed before
grading recurs in these areas.
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*9.
Resolution No. P-91-42
Page 4
biological and archaeological
AB 3180 for biological or
the responsibility of the
Any additional costs
mitigation monitoring
archaeological impacts
applicant.
*10. The remaining portion of t~e knoll will be dedicated to the
Ci ty as open space. Lot one is to be restricted (by deed
covenant) to the construction of a low profile, one story
home. Future second story additions shall be prohibited by a
deed restriction recorded prior to final map approval.
for
per
are
11. Each home to be constructed will be reviewed by City Council
through the Hillside/Ridgeline Minor Development Review
process for compliance with hillside standards and for
compliance with Specific Plan 90-01.
*12. Comply with Ordinance 336, with any amendments, for use of
potable water provided by the City. New water services shall
not be issued after April 30, 1991, unless a building permit
has been issued, a conservation offset is provided, or it can
be demonstrated that no net increase in water use will OCcur.
*13. Stem wall and cantilevered construction is to be conSidered
for the residences to further minimize the amount of grading
and to reduce the amount of slope created that requires
revegetation and increased water demand.
*14. Building exterior materials and finishes shall be selected
from a range of colors considered to be compatible with the
native vegetation and with the existing neighboring housing
developments to the satisfaction of the Director of Planning
Services.
15. Prior to any use of the project site, all conditions of
approval contained herein shall be completed to the
satisfaction of the Director of Planning Services.
16. 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.
17. Prior to delivery of combustible building materials 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.
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Resolution No. P-91-42
Page 5
18. For new residential dwelling unit(s), the applicant shall pay
development fees at the established rate. Such fees may
include, but not be limited to: Permit and Plan Checking
Fees, School Fees (in accordance with City-adopted policy
and/or ordinance), Water and Sewer Fees. These fees shall be
paid prior to final map apP'roval.
LANDSCAPING
* 1. All graded slopes shall be landscaped and irrigated, and those
three feet or greater shall be planted in accordance with the
adopted poway Landscape Standards. All slopes visible to the
valley floor shall be planted with materials compatible in
color and texture to the surrounding native vegetation to the
satisfaction of the City Landscape Architect.
*2. A detailed landscape and irrigation plan shall be submitted to
and approved by the Public Services Department and Planning
Services Department prior to the issuance of building permits.
Use of low flow, water efficient irrigation systems is
required.
A landscaping plan will be prepared to conform to the plant
specifies identified in the biological survey for the project.
Minimal water consumption and low volume irrigation techniques
for trees and shrubs are to be incorporated.
3.
RECREATION
On lots having a private or public equestrian/pedestrian trail
on or adjacent to their property, the developer is required to
have contained within the deed the following statement:
In purchasing the home, I have read the deed
and understand that said lot is in the
vicinity of an easement for the purpose of
allowing equestrian/pedestrian traffic.
ADDITIONAL APPROVALS REQUIRED
Minor development review shall be accomplished prior to the
issuance of a building permit.
APPLICANT SHALL CONTAcr THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
1. Grading of the subject property shall be in accordance with
the Uniform Building Code, City Grading Ordinance, approved
grading plan and soils report, and accepted grading practices.
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Resolution No. P~1-42
Page 6
A soils report shall be prepared by a qualified engineer or
geologist licensed by the state of California to perform such
work at first submittal of a grading plan.
3. A geological report shall be prepared by a qualified engineer
or geologist and submitted at the time of application for
grading plan check.
4. The final grading plan prepared on a standard size sheet shall
be subject to review and approval by the Planning and
Engineering Services Departments and shall be completed prior
to issuance of a grading permit.
5. A pre-blast survey of surrounding property shall be conducted
to the satisfaction of the City Engineer prior to any rock
blasting. Seismic recordings shall be taken for all blasting
and blasting shall occur only at locations and levels approved
by the City Engineer.
6. A final compaction report shall be submitted and approved
prior to issuance of building permits.
7.
Site grading shall be certified by the project civil engineer
prior to issuance of building permits.
All slopes shall be a minimum of 2:1 (horizontal to vertical).
8.
9.
If pad elevations increase by greater than two
from those approved on the tentative map,
approval will be required.
10. Non-supervised or non-engineered fill is specifically not
allowed. Rock disposal areas shall be graded in compliance
with City approved soils investigations and recommendations
and grading plans.
feet in height
City Council
11.
Erosion control, including but not limited to,
basins shall be installed. The developer
provisions to insure the proper maintenance of
control devices throughout their intended life.
desiltation
shall make
all erosion
12. The tops and toes of all graded slopes shall be constructed
with a five foot minimum setback from any open space area.
13. Comply with recommendations of the soil and geologic
reconnaissance report prepared for this property.
STREETS AND SIDEWALKS
1. The developer will be required to participate in the existing
access and maintenance agreement for Welton Lane. Evidence of
participation will be required prior to final map approval.
3.JS
Resolution No. P-g1-42
Page 7
2. The developer shall be required to upgrade Welton Lane offsite
from the subdivision boundary to approximately 1200 feet
northerly. The roadway shall be improved to the current City
standards for Non-Dedicated Rural streets.
3. All street structural sections shall be submitted to and
approved by the Director of Engineering Services.
4. All exterior street improvements shall be constructed to the
satisfaction of the Director of Engineering Services.
5. Street improvements that include, but are not limited to:
Sidewalks
Driveways
Wheel chair ramps
CUrb and gutter
AC Berm, if required
for drainage
shall be constructed prior to the occupancy of the units to
the satisfaction of the Director of Engineering Services.
x
x
x
Cross gutter
Alley gutter
Street paving
Alley paving
x
X
6. 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.
7. Street improvements shall be made in accordance with City
Ordinance standards for Non-Dedicated Rural Streets per poway
Municipal Code Section 12.20.120.
8. Private street improvement plans shall be processed as a
grading plan. Said plans shall be prepared on standard sized
sheets by a Registered Civil Engineer and shall be submitted
for approval by the Director of Engineering Services. Plan
check and inspection expenses shall be paid by the developer.
The grading plans shall be approved and securities posted
prior to final map approval.
9. The existing gate across Welton Lane shall be relocated to
provide gated access to the Buehler Reservoir. Keys shall be
returned to the Department of Public Services for sole access
to and maintenance of public facilities by the Operations
Division.
DRAINAGE AND FLOOD CONTROL
1. Intersection drains will be required at locations specified by
the Director of Engineering Services and in accordance with
standard engineering practices.
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Resolution No. P-91-42
Page 8
A drainage system capable of handling and disposing of all
surface water originating wi thin the development, and all
surface waters that may flow onto the development from
adj acent lands, shall be required. Said drainage system shall
include any easements and structures as required by the
Director of Engineering '~ervices to properly handle the
drainage.
3. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
2.
4. 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.
5. Concentrated flows across driveways and/or sidewalks shall not
be permitted.
UTILITIES
1.
All proposed utilities within the project shall be installed
underground.
utility easements shall be provided to the specification of
the serving utility companies and the Director of Engineering
Services.
2.
3. The developer shall be responsible for the relocation and
undergrounding of existing public utilities as required.
4. The developer shall extend sewer services from the existing
terminus on Welton Lane to the development. A 20 foot sewer
easement shall be dedicated to the City over the offsite
sewer.
5. Extend sewer main to east end of project for future extension
easterly.
6. Maintain a minimum spacing of ten feet from the existing 20
inch off-site water main in Welton Lane.
7. The developer shall install a water distribution main,
separate and parallel to the existing transmission main.
8.
Grade proj ect roadway so there is ultimately a minimum of
three feet cover over the 18 inch water transmission main.
9.
Extend water distribution main to the east end of the project
for future extension easterly.
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Resolution No. P- 91-42
Page 9
10. 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. Said
plans must be completed to the satisfaction of the City
Engineer and the improvements secured along with a standard
agreement which requires, the developer to install the
improvements within two years of the execution of said
agreement. Securities shall include 150 percent of the cost
of improvements and a ten percent warranty bond.
11. The applicant shall pay for a 'water system analysis to
determine the proper size and location for the public water
system. The amount shall be paid upon demand by the City.
12. The applicant shall, within 30 days after receiving approval
of the tentative parcel map 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. Annexation to the lighting district shall be accomplished and
evidence of annexation shall be accomplished at the time of
final inspection or Certificate of Occupancy, whichever occurs
later.
14. Cable television services shall be provided and installed
underground. The developer shall notify the cable company
when trenching for utilities is to be accomplished.
15. Water and sewer main lines and appurtenances that will be
installed at locations other than within public streets shall
have an easement a minimum of 20 feet wide, dedicated to the
Ci ty of poway. Multiple parallel facilities will require
additional easement width for on-site facilities, dedication
shall be offered in the final map whereas off-site lines shall
have the easement dedicated by a separate instrument recorded
prior to final map approval.
~
1.
For a new residential dwelling unit(s), the applicant shall
pay development fees at the established rate. The following
fees, including but not limited to, traffic mitigation,
drainage, water base capacity, park, sewer line charge, and
reimbursement agreement fees, shall be paid or secured prior
to final parcel map approval. If secured, these fees must be
paid in full prior to occupancy.
Permit and plan checking fees shall be paid upon submittal of
a map, improvement, and/or grading plan, as applicable.
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Resolution No. P-91-42
Page 10
Parkland dedication must be c9mpleted and sewer annexation,
street light energy charges, and fire protection fees must be
paid in full prior to scheduling of final parcel map for City
Council approval.
All other fees, including'but not limited to, school, water
service fees, remaining sewer connection, sewer cleanout and
sewer inspection fees shall be paid prior to building permit
issuance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
Annex each new parcel into LMD 86-01A at a 50 percent rate
equal to $61.81/year for Fiscal Year 1990-91. This rate
(assessment) is subject to change.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1.
A wildland fuel mitigation plan shall be submitted to
eliminate any potential threat of spread of fire from the
proposed building area and the open space easement. This plan
shall be to the satisfaction of the Director of Safety
Services.
2. Information to be placed in title of each property (CC&R's,
covenant, improvements on map, etc.,) that each home built on
each lot will be required to install a "Life Safety"
residential fire sprinkler system. Each lot will require a
one inch water meter.
3. Provide two residential fire hydrants on the distribution
main. One to be located in the proposed cul-de-sac serving
Parcels 2, 3, and 4; the other to be located 500 feet east of
the cul-de-sac to serve Parcel 1.
GENERAL REQUIREMENTS AND APPROVALS
1. The applicant shall make an Irrevocable Offer of Dedication
(IOD) for all private road easements as'shown on the tentative
map. Said IOD shall be recorded as part of the final map,
rej ected by the City Council, and held open for future
acceptance at the City Council's discretion.
Developer shall provide the City of poway with copies of all
digitized topographic and improvement data reflecting initial
conditions and as-built conditions of the development.
2.
3.
Final parcel
procedures.
be verified
map shall conform to City standards and
The dimensions shown on the tentative map shall
and revised as necessary prior to final map.
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4.
Resolution No. P- 91-42
Page 11
Substantive revisions that would affect the conditions of
approval in this resolution shall require Council action at
the discretion of the Director of Engineering Services.
Should this subdivision be further divided, each tentative and
final map shall be subm~tted to the Planning Services
Department for consideration.
5.
All provisions of the Subdivision Ordinance of the poway
Municipal Code shall be met as they relate to the division of
land.
6. Prior to occupancy, all dedications shall be made and
easements granted as required above.
7. The tentative map approval shall expire on June 18, 1993. 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 16th day of July 1991. (]
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\' Jan\Goldsiith, Mayor
ATTEST: \"'_~ "'-'-.J
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Wahlsten, City Clerk
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STATE OF CALIFORNIA
)
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COUNTY OF SAN DIEGO
390
Resolution No. P-91-42 ,
Page 12
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-91-42 ,was duly adopted by the City Council
at a meeting of said City Council held on the 16th day of ____
July , 1991, and that it was so adopted by the following
vote:
AYES:
NOES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
ABSTAIN: NONE
ABSENT: NONE
REPORT\TPM9106.RES
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K. Wahlsten, City Clerk
oway