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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 ) 3''''1 ~~c U 1991-0449267 0~-SEP-1991 08:41 AM OFFICIAL RECORDS SAH DIEGO COUNTY RECORDER'S OFFICE AHNETTE EVANS, COUNTY RECOROER Rf: 19.00 FEES: AF: 33.00 nF: 1. 00 53.00 (This space f~~RecQ~der's Use) !/\ \ ~, ,\\ " , 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 In the event that Tentative Parcel Map 91-06 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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. ,/ o J' 9'; Dated: 11 ;:(9/ 91//;( ,qq/ 'L- Dated: Dated: CITY OF POWAY By ~u;~-I/~ (NO need to N arize) SCHEDULE A PAGE NO. 2 37~"'DER NO. 149106-05 _ . d 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. "/. .. .. .'. i ~~n~vu~c " rMUC I~U. J U~~~R ~LEGAL DESCRIPTION CONEJ~' I",U. .1.../ J.uu VJ 376 f 1 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. ",',' ",,' /' , ~ _SCHEDULE A PAGE NO. 4 nP.R NO. 149106-05 LEGAL DESCRIPTION CONTINUED J,?,? 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. -:--::~ , 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 37~ 8"'HJ NO 209 C 1991 NATIONAl NOTARY ASSOCIATION. 8236 Remmet Ave. . P.O. Box 7184. Canoga Park, CA 91304-7184 I P'." """ ,'i [ I....','..,'.., (e:~ l n_~ 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. f/L V/'!~:} i............. , 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. l p t I,ii.;: Ii',;;'; I',::,:: r:-;':':-:':' 381 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. F r [ r, ,::::>:::::: fi""",'"" j" I: 382 *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. f l ::,':':: :....:;: .J8.) 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. p l ~nn .J8.f 2. 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. E l~ [ ;:.:.'::.:.:J t":':':',::",: 3!i() 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. R'C ~ ,/ L icci!', f':..:'..:;; l ,. .f8;- 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. p t r\./:. r////:'j l dB&, 2. 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. r [ (,,0,;', r%; ! L_ .Jaf) 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. (] ~ I) - I, - I" / ,1 j --i ',.-::/L./ '---' /~ 'L./t.^-- ___ \' Jan\Goldsiith, Mayor ATTEST: \"'_~ "'-'-.J k: 1U~ Wahlsten, City Clerk ~ [~ l I<W;, Iii!;':) [" STATE OF CALIFORNIA ) ) SS. ) 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 k:;ilJ~-t:- K. Wahlsten, City Clerk oway