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Covenant Regarding Real Property 2020-0356464
RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY CA 92074-0789 DOC# 2020-0356464 11111111111111111111111111111111111 III IIIII IIII 11111111111111 III Jul 07, 2020 01:45 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $140.00 (SB2 Atkins: $0.00) PAGES: 43 APN: 317-101-06, 317-472-01, 317-472-06, 317-472-18, 317-472-19, 317-472-20, 317-472-23, 317-472-24, 317-472-25, 317-472-26, 317-472-12 TTM 19-005 and DR 19-004 COVENANT REGARDING REAL PROPERTY MC POWAY 97 LLC, a Delaware limited liability company ("MC Poway") and POWAY COMMONS, LLC, a Delaware limited liability company ("Poway Commons", and collectively with MC Poway, the "Owner") are collectively the owners of real property described in the legal description attached hereto as Exhibit A and made a part hereof (the "Property"). In consideration of the approval of Tract Map (TTM) 19-005 and Development Review (DR) 19-004 by the City of Poway ("City"), MC Poway and Poway Commons each agree to abide by the conditions of approval contained in the attached Resolution (Exhibit B) with respect to the portion of the Property it owns or may subsequently own. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties; provided, however, this Agreement shall not apply to any sale of a single family residence or residences in the Property to a member of the home -purchasing public pursuant to a final subdivision public report issued by the California Bureau of Real Estate (an "Exempt Sale"). This Agreement shall automatically terminate and be of no further force or effect as to any individual lot and residence upon conveyance of fee title to such residence in an Exempt Sale. If requested by an Owner in writing, City agrees to execute and deliver to the escrow opened for an Exempt Sale a quitclaim deed or other release of rights as may be appropriate to reflect the termination of this Agreement as to such lot. Nothing in this paragraph operates to terminate this Agreement with respect to any portion of the Property not subject to an Exempt Sale, including but not limited the portions of the Property that are commonly owned by individual homeowners or owned by any homeowners association. With respect to retail development within the Property, this Agreement shall be removed from title and replaced if subsequent conditions of approval are approved by the City in connection with any future entitlements for such retail development. In the event that Tract Map (TTM) 19-005 and Development Review (DR) 19-004 expires or is rescinded by City Council, or MC Poway or Poway Commons terminates the use permitted by Tract Map (TTM) 19-005 and Development Review (DR) 19-004 with respect to the Property or any portion thereof, upon the request of such Owner, the City shall expunge this 9691309.3 Covenant from the record title of the applicable portion of the Property and Tract Map (TTM) 19-005 and Development Review (DR) 19-004 shall be of no further force or effect with respect to such portion of the Property. If either party incurs costs as a result of filing a civil action 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. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. MC POWAY MC POWAY 97 LLC A Delaware limited liability company By: Meridian Communities, C a Delaware limited liabty company Its: Managing t -tber By: POWAY COMMONS POWAY C A Delawa By: CITY: o, anager Dated:/2 • ► ON, LLC Dated: Lj/Zl,�/'� 7,�J limited bility company City of Pow By: 9691309.3 sa o anager bert J. Manis Director of Development Services Dated: (0/23/2-6 (Signatures must be notarized) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of bI it o On Ne Zz, ya ?moo Notary Public, personally appeared , before me, Ayt a Covv_.ei) (Insert name and title of the officer) Court f ro who proved to me on the basis of satisfactory evidence to be the person whose namef a j >s are subscribed to the within instrument and acknowledged to me thalYshe/they executed the same in is her/their authorized capacity i , and that byt, er/their signaturee&f'on the instrument the personj, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 9691309.3 (Seal) MARIA CONCEPCION 'LORIS� Commission No. 2306200 NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY • Comriuion Expires 9sp sn ir.20, 2023 1 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAT( P1ri G V On .SV t4- 27,- ZD 20 Notary Public, personally appeared , before me, arieu eov\C2.eGDn 1Vv7 5 (Insert name and title of the officer) euro who proved to me on the basis of satisfactory evidence to be the person whose nameks is are sub cribed to the within instrument and acknowledged to me that®'she/they executed the same in is her/their authorized capacityji 4f, and that b • er/their signature, on the instrument the personX,, or the entity upon behalf of which the personf acted, executed the instrument. I certify under PENALTY OF PERJURY the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0,0 9691309.3 under the laws of the State of California that (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 w wt^G1 w . wt w w w��. , w./irs .. , w• w•• w• wtrai*• . w •Via wt r4VM. w w•fro..w..w AMAR wt.^w -_w 'Meg& w A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego } On June 23, 2020 before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert J. Manis Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Wit �• �� ✓tel �/4� ; b Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Covenant Regarding Real Property TTM 19-005 & DR 19-004 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of Poway, County of San Diego, State of California, described as follows: PARCEL 1 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF LOT 6 OF HERITAGE HILLS UNIT NO. 1, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5934 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AUGUST 9, 1967, BEING A POINT ON THE WESTERLY SIDELINE OF TARASCAN DRIVE DEDICATED THEREON; THENCE ALONG SAID WESTERLY SIDELINE SOUTH 01°59'50" WEST, 156.82 FEET (RECORD N01°33'47"E PER SAID MAP); THENCE LEAVING SAID WESTERLY SIDELINE NORTH 88°44'00" WEST, 196.60 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE GRANT DEED TO THE CITY OF POWAY RECORDED MARCH 11, 2011 AS DOCUMENT NO. 2011-0133672 OF OFFICAL RECORDS IN THE OFFICE OF SAID SAN DIEGO COUNTY RECORDER; THENCE ALONG SAID WESTERLY LINE NORTH 01°52'27" EAST, 156.82 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF HERITAGE HILLS UNIT NO. TWO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6136 FILED IN THE OFFICE OF SAID COUNTY RECORDER JUNE 26, 1968; THENCE LEAVING SAID WESTERLY LINE ALONG THE SOUTHERLY BOUNDARY OF SAID MAPS SOUTH 88°43'57" EAST, 196.94 FEET TO THE POINT OF BEGINNING. PARCEL 2 THE WEST 200.00 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS: 9691309.3 BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13 HEREIN DESCRIBED; THENCE SOUTH 0° 49' 00" WEST, 614.99 FEET; THENCE SOUTH 89° 08' 30" EAST, 733.99 FEET TO THE SOUTHWEST CORNER OF THAT PORTION OF PROPERTY CONVEYED TO RUDOLPH WALTER MATZ ET AL, ON SEPTEMBER 13, 1956 IN BOOK 6255, PAGE 520 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY LINE OF THE PROPERTY CONVEYED TO MATZ, NORTH 1° 07' 00" EAST, 615.00 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 13 HEREIN DESCRIBED; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER, NORTH 89° 08' 30" WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 50.00 FEET OF THE WEST 200.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 01°16'17" WEST, (RECORD SOUTH 00°49'00" WEST), 301.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 88°39'00" EAST, 62.70 FEET; THENCE SOUTH 43°39'00" EAST, 4.87 FEET; THENCE SOUTH 88°39'00" EAST, 400.87 FEET TO THE EASTERLY LINE OF THE WESTERLY 466.99 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING THE POINT OF TERMINUS. PARCEL 3 THE SOUTHERLY 100.00 FEET OF THE NORTHERLY 315.00 FEET OF THE WEST HALF OF THE EASTERLY 266.99 FEET OF THE WESTERLY 466.99 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS: 9691309.3 BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER SOUTH 00°49' 00" WEST, 614.99 FEET TO THE MOST WESTERLY NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO RUDOLPH WALTER MATZ, ET AL, RECORDED SEPTEMBER 13, 1956, IN BOOK 6255, PAGE 520 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE BOUNDARY OF SAID MATZ'S LAND AS FOLLOWS: SOUTH 89° 08' 30" EAST, 733.99 FEET AND NORTH 01° OT 00" EAST, 615.00 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER, NORTH 89° 08' 30" WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 01°16'17" WEST, (RECORD SOUTH 00°49'00" WEST), 301.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 88°39'00" EAST, 62.70 FEET; THENCE SOUTH 43°39'00" EAST, 4.87 FEET; THENCE SOUTH 88°39'00" EAST, 400.87 FEET TO THE EASTERLY LINE OF THE WESTERLY 466.99 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING THE POINT OF TERMINUS. PARCEL 4 THE SOUTHERLY 100.00 FEET OF THE NORTHERLY 315.00 FEET OF THE EASTERLY 133.495 FEET OF THE WESTERLY 466.99 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 01°16'17" WEST, (RECORD SOUTH 00°49'00" WEST), 301.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 88°39'00" EAST, 62.70 FEET; THENCE SOUTH 43°39'00" EAST, 4.87 FEET; THENCE SOUTH 88°39'00" EAST, 400.87 FEET TO THE EASTERLY LINE OF THE WESTERLY 466.99 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING THE POINT OF TERMINUS. 9691309.3 PARCEL 5 LOT 2 AND THAT PORTION OF LOT 1 OF K N Q DEVELOPMENT IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8019 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 12, 1974, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE US GOVERNMENT SURVEY APPROVED NOVEMBER 19, 1880, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2 OF MAP 8019; THENCE ALONG THE SOUTHERLY LINE OF SAID MAP 8019 SOUTH 89°08'30" EAST, 281.73 FEET; THENCE NORTH 01°'07'00" EAST, 270.00 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE NORTH 89°08'30" WEST, 149.67 FEET TO A TANGENT 30.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 47.12 FEET; THENCE NORTH 89°08'30" WEST, 103.50 FEET TO THE WEST LINE OF SAID MAP 8019; THENCE SOUTH 00°49'00" WEST, 300.00 FEET TO THE POINT OF BEGINNING. PARCEL 6 PARCEL 2 OF PARCEL MAP NO. 9105, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 3, 1979 AS FILE NO. 79-366067, OFFICIAL RECORDS. PARCEL 7 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF LOT 6 OF HERITAGE HILLS UNIT NO. 1, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5934 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AUGUST 9, 1967, BEING A POINT ON THE WESTERLY SIDELINE OF TARASCAN DRIVE DEDICATED THEREON; THENCE ALONG SAID WESTERLY SIDELINE SOUTH 01°59'50" WEST, 156.82 FEET (RECORD N01 °33'47"E PER SAID MAP) TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY SIDELINE NORTH 88°44'00" WEST, 196.60 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE GRANT DEED TO THE CITY OF POWAY 9691309.3 RECORDED MARCH 11, 2011 AS DOCUMENT NO. 201 1-01 33672 OF OFFICIAL RECORDS IN THE OFFICE OF SAID SAN DIEGO COUNTY RECORDER; THENCE ALONG SAID WESTERLY LINE SOUTH 01°52'27" WEST, 183.03 FEET TO THE NORTHERLY SIDELINE OF POWAY ROAD AS DEDICATED PER GRANT DEED RECORDED JULY 29, 1964 AS DOC. NO. 136183, OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY SIDELINE SOUTH 88°42'27" EAST, 176.45 FEET TO AN ANGLE POINT IN THE WESTERLY SIDELINE OF SAID TARASCAN DRIVE, BEING THE BEGINNING OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE LEAVING SAID POWAY ROAD NORTHEASTERLY ALONG SAID TARASCAN DRIVE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°17'43" A DISTANCE OF 31.17 FEET; THENCE CONTINUING ALONG SAID WESTERLY SIDELINE NORTH 01°59'50" EAST, 163.37 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 8 THE WEST 200.00 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13 HEREIN DESCRIBED; THENCE SOUTH 0° 49' 00" WEST, 614.99 FEET; THENCE SOUTH 89° 08' 30" EAST, 733.99 FEET TO THE SOUTHWEST CORNER OF THAT PORTION OF PROPERTY CONVEYED TO RUDOLPH WALTER MATZ ET AL, ON SEPTEMBER 13, 1956 IN BOOK 6255, PAGE 520 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY LINE OF THE PROPERTY CONVEYED TO MATZ, NORTH 1° 07' 00" EAST, 615.00 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 13 HEREIN DESCRIBED; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER, NORTH 89° 08' 30" WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 50.00 FEET OF THE WEST 200.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 01°16'17" WEST, (RECORD SOUTH 00°49'00" WEST), 301.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 88°39'00" EAST, 62.70 9691309.3 FEET; THENCE SOUTH 43°39'00" EAST, 4.87 FEET; THENCE SOUTH 88°39'00" EAST, 400.87 FEET TO THE EASTERLY LINE OF THE WESTERLY 466.99 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING THE POINT OF TERMINUS. PARCEL 9 THE SOUTHERLY 100.00 FEET OF THE NORTHERLY 315.00 FEET OF THE WEST HALF OF THE EASTERLY 266.99 FEET OF THE WESTERLY 466.99 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER SOUTH 00°49' 00" WEST, 614.99 FEET TO THE MOST WESTERLY NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO RUDOLPH WALTER MATZ, ET AL, RECORDED SEPTEMBER 13, 1956, IN BOOK 6255, PAGE 520 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG THE BOUNDARY OF SAID MATZ'S LAND AS FOLLOWS: SOUTH 89° 08' 30" EAST, 733.99 FEET AND NORTH 01° 07' 00" EAST, 615.00 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER, NORTH 89° 08' 30" WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 01°16'17" WEST, (RECORD SOUTH 00°49'00" WEST), 301.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 88°39'00" EAST, 62.70 FEET; THENCE SOUTH 43°39'00" EAST, 4.87 FEET; THENCE SOUTH 88°39'00" EAST, 400.87 FEET TO THE EASTERLY LINE OF THE WESTERLY 466.99 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING THE POINT OF TERMINUS. 9691309.3 PARCEL 10 THE SOUTHERLY 100.00 FEET OF THE NORTHERLY 315.00 FEET OF THE EASTERLY 133.495 FEET OF THE WESTERLY 466.99 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 01°16'17" WEST, (RECORD SOUTH 00°49'00" WEST), 301.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 88°39'00" EAST, 62.70 FEET; THENCE SOUTH 43°39'00" EAST, 4.87 FEET; THENCE SOUTH 88°39'00" EAST, 400.87 FEET TO THE EASTERLY LINE OF THE WESTERLY 466.99 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, SAID POINT BEING THE POINT OF TERMINUS. PARCEL 11 THAT PORTION OF PARCEL 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 8847 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 21, 1979, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 NORTH 89°08'30" WEST, 100.29 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 00°51'30" EAST, 0.40 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL 2, SOUTH 89°08'30" EAST, 19.80 FEET; THENCE SOUTH 88°59'58" EAST 80.49 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE SOUTH 00°49'00" WEST, 0.20 FEET TO THE POINT OF BEGINNING. 9691309.3 PARCEL 12 PARCEL 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 8847 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 21, 1979. EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOF A DISTANCE OF 100.29 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 0°51'30" EAST A DISTANCE OF 0.40 FEET; THENCE SOUTH 89°08'30" EAST PARALLEL WITH SAID SOUTH LINE A DISTANCE OF 19.80 FEET; THENCE SOUTH 88°59'58" EAST 80.49 FEET TO THE INTERSECTION WITH THE EASTERLY LINE OF SAID PARCEL 2; THENCE SOUTHERLY ALONG SAID EASTERLY LINE A DISTANCE OF 0.20 FEET TO THE POINT OF BEGINNING. 9691309.3 EXHIBIT B RESOLUTION NO. P-19-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 19-005 AND DEVELOPMENT REVIEW 19-004 FOR A MIXED- USE DEVELOPMENT PROJECT WITHIN THE POWAY ROAD SPECIFIC PLAN, TOWN CENTER DISTRICT ASSESSOR PARCEL NUMBERS: 317-101-06, 317-472-01, 317-472-06, 317- 472-18, 317-472-19, 317-472-20, 317-472-23, 317-472-24, 317- 472-25, 317-472-26 and 317-472-12 WHEREAS, the City Council considered Tentative Tract Map (TTM) 19-005 and Development Review (DR) 19-004; a proposed mixed-use development project ("Project") including the construction and operation of 97 market -rate condominiums, 44 senior -affordable apartments and approximately 584 square feet of commercial space on the north and south sides of Poway Road, west of Tarascan Drive and Civic Center Drive, grading and site preparation for two future commercial lots and the improvement of a City -owned property on the southeast corner of Poway Road and Civic Center Drive within the Town Center (TC) District of the Poway Road Specific Plan (PRSP) with related site and public street improvements; WHEREAS, on March 19, 2019, (i) the City Council approved (after a duly noticed public hearing) the Purchase, Sale and Development Agreement between the City of Poway ("City") and Poway Commons, LLC ("Developer"), and the Property Exchange Implementation Agreement between the City and the Poway Housing Authority ("Housing Authority"), and (ii) the Housing Authority approved the Affordable Housing and Property Disposition Agreement and the Property Exchange Implementation Agreement between the Poway Housing Authority and Poway Commons, LLC (The four agreements combined are referenced herein as the "Poway Commons Agreement"); WHEREAS, on December 17, 2019, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to TTM19-005 and DR19-004; WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments and technical reports, and has considered all other evidence presented at the public hearing; WHEREAS, the approved development plans are incorporated herein by reference as "Exhibit A", also known as Attachment C to the December 17, 2019 Agenda Report on file with the City; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP, and was certified by the City Council on December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential impacts of the proposed build out of the PRSP area in the manner permitted by the Specific Plan. The City Council finds, in its independent judgement, that this Project is consistent with the PRSP and conforms with the requirements, development standards and guidelines therein, and, therefore, as set forth in Section 8.2 of the PRSP, no further environmental analysis is required because all of the project's impacts have already been analyzed in, and are fully covered by the Resolution No. P-19-16 Page 2 previously certified EIR. The City Council further finds, in its independent judgement, that the project does not result in any significant changes that would allow subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. A Notice of Determination shall be filed upon approval. These findings are based on substantial evidence in the administrative record of proceedings, which includes but is not limited to the following: A. The PRSP EIR, appendices, documents incorporated by reference therein, transcripts of public meetings, and other related documents. B. The October 29, 2019 traffic impact analysis ("TIA") prepared by Urban Systems Associates for the Project, which shows that it will result in 2,833 average daily trips (ADTs), 191 a.m. peak hour trips, and 246 p.m. peak hour trips, which is consistent with the traffic levels that the PRSP EIR assumed would be generated by the development of the Project site pursuant to the PRSP. C. The October 24, 2019 biological report prepared by Helix Environmental Planning that confirms, consistent with the PRSP EIR, that no impacts on biological resources not already analyzed in the PRSP EIR will result on the previously disturbed Project site, which will be less than significant following the implementation of applicable PRSP EIR mitigation measures, as set forth in the Project's conditions of approval. D. The September 13, 2019 Limited Phase II Environmental Assessment prepared by SCS Engineers for the Project, concludes that soil samples taken from the site are below levels that would pose health risks and further reduced with implementation of a soil management plan as set forth in the Project's conditions of approval. E. The October 2019 Historical Resource Evaluation Report prepared by IS Architecture prepared for the Project, found that all existing buildings on the Project's site are ineligible for designation as a historic resource per local, state and national criteria. SECTION 2: The City Council finds that the proposed Project is consistent with the PRSP generally, including the TC District designation, and further, the proposed Project qualifies for Tier 2 height bonuses (Table 3-4) because the Project includes lot consolidations as that term is used in the PRSP. Therefore, the City Council finds that the proposed Project will result in the following: A. Creation of a distinct and vibrant- Town Center with a mix of commercial and residential uses. B. Redevelopment of an infill site that will create a mix of compatible and complementary uses. C. Development of a unique mix of housing types including apartments, condominium flats and townhome units that are located in proximity to civic, retail and commercial service uses. D. The PRSP requires approximately 297 total parking spaces for the entire Project. The Project proposes 194 garaged spaces, 89 on-site uncovered parking spaces for a total of 283 parking spaces and results in a parking deficit of 14 spaces or approximately five percent of the requirement. However, since the 20 excess parking spaces for the senior- Resolution No. P-19-16 Page 3 affordable apartments cannot be jointly used by the market -rate condominiums, the parking deficit for the market -rate condominiums south of Poway Road is 34 spaces or 11.4 percent of the requirement. Per the PRSP, off-site parking may be permitted on either a privately -owned property or public property dedicated exclusively for public parking purposes if the parking facility is located within 1,000 feet from the applicable use and staff has identified excess non -overnight parking at the library and Community Park. Staff has also identified excess parking on the nearby public streets. The Director of Development Services can make findings for any reduction in the parking requirement in the TC District since the goal of the District is pedestrian orientation. The Director of Development Services hereby reduces the minimum parking standards by 11.4 percent to further incentivize pedestrian -oriented development in accordance with the TC Allowance (PRSP p. 3-47) based on the following findings: 1. The Project provides exemplary design and directly implements objectives of the PRSP; 2. The Project provides transportation demand measures that reduce vehicle trips including: a) provides opportunities to live, work and play within the immediate vicinity, b) provides access to adjacent bus -stops with new shelter improvements, c) provides pedestrian connectivity to surrounding land uses, c) creates a neighborhood park and commercial mixed use opportunities, and d) provides public and private bicycle racks; 3. A visual survey conducted by staff demonstrates that there's excess day parking opportunities at the adjacent Community Park and library and sufficient overnight parking on the adjacent streets; 4. Within the Town Center district, the first 750 square feet of gross commercial floor area in a mixed-use development is exempt from providing off-street parking; and 5. The Project is adjacent to day -parking at the library and Community Park and nearby on -street parking. SECTION 3: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for TTM19-005, are made as follows: A. The TTM is consistent with the General Plan, in that it proposes to create residential Tots at a density consistent with the General Pian and Poway Municipal Code (PMC). B. The design and improvements required of the TTM are consistent with the General Plan, in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC. C. The site is physically suitable for the type of development and the density proposed, in that the site is large enough to accommodate the proposed density and is compatible and in character with development in the vicinity. D. The design of the TTM is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that the proposed Project will be developed in accordance with City and other governmental agency requirements and mitigation measures will be incorporated pursuant to the PRSP El R. Resolution No. P-19-16 Page 4 E. The approval of the TTM is not likely to cause serious public health problems in that City water and sewer service will be provided to the Project. F. The design of the TTM will not conflict with any easement acquired by the public at Targe, now on record, for access through or use of the property within the subdivision in that the ultimate development of the site with residences can be accommodated without obstructing or otherwise impacting existing easements. SECTION 4: The findings for DR19-004, in accordance with the PMC 17.52.010 Purpose of Development Review, are made as follows: A. The Project has been designed to be architecturally compatible with surrounding development and conforms to the PRSP development standards and design guidelines. There are five different building types included with the proposed development with varying architectural styles, colors and materials. Staff met with the developer and their design consultant to compare the proposed architectural styles, colors and materials to these same elements within the immediate surrounding area. While, no proposed style, color or material will match exactly to existing architectural elements within the surrounding area, each proposed building has at least one unifying element with surrounding architectural styles, colors and materials in the area. Therefore, the Project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. B. The Project has been designed to minimize impacts on surrounding development by utilizing a compatible architectural design consistent with the PRSP. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the mixed-use development. D. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan and the PRSP, except as required by State Density Bonus Law (Section 65915 of the California Government Code). Per adopted State Density Bonus requirements (Gov. Code § 65915 et seq.), the City is required to grant three concessions, or modifications, of development standards because the Project includes greater than 30 percent of the total units for lower-income households. The concessions are as follows: 1. Setbacks — The PRSP requires that the first two stories of a structure be setback 15 feet and provide a minimum 18 -foot setback of the third floor from the side and/or rear property lines when adjacent to a single-family residential neighborhood. The applicant is requesting that a reduction be granted to allow Buildings 15, 16 and 17 to have a side setback of 10 feet adjacent to three single- family residences' rear property lines, however, while portions of the third floor are 10 feet from the property line, the average setback for the third story is 18.3 feet. Additional screening is provided on the decks of Buildings 15, 16 and 17 and a solid fence is proposed between the two properties to assist in screening the Resolution No. P-19-16 Page 5 single-family residences' rear yards. In addition, the development standards for the TC District require a 10 -foot front and side setback for ground floor residential. The applicant is requesting that a reduction be granted to allow the building housing the affordable apartments to have a setback of five -feet along Poway Road and Tarascan Drive, and to allow Building 5 to have a side setback of 7.1 feet along Civic Center Drive. 2. Wall height — The PMC states that no solid wall shall be greater than six -feet tall and adjacent fences shall be setback five feet from the retaining wall. The applicant is requesting a reduction be granted to allow a six -foot -tall wood fence to be constructed on top of a proposed six -foot -tall retaining wall located in the southwest corner of the project west of Buildings 15, 16 and 17 as previously referenced to assist in screening the single-family residences' rear yards. The portion of the wall that is more than six -feet tall will be visible from the rear yards of the single-family properties to the west and will provide security and privacy for the properties on both sides of the wall. 3. Mixed-use requirements — The development standards for the TC District require that a minimum of 75 percent of ground floor space along any block face be occupied by commercial uses. The applicant is requesting that a concession be granted to allow the building housing the affordable apartments to not have any commercial space along the Poway Road and Tarascan Drive street frontages and reduced commercial space along Poway Road and Civic Center Drive where 584 square feet is provided at the corner. Per adopted State Density Bonus requirements, the City is required to grant a parking ratio of 0.5 spaces per unit if the development is a for -rent affordable housing development for individuals who are 62 years of age or older (senior). In accordance with Table 3-4 of the PRSP, the Project includes a Tier 2 Height Bonus with the Selection of Affordable Housing and Internal Pedestrian Passageway Community Benefits. This ratio is granted as a part of the Project approval. SECTION 5: The findings, in accordance with Government Code Section 66020 for the public improvements needed as a result of the proposed development to protect the public health, safety and welfare, are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this Project. B. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as further described in the conditions of approval. C. In accordance with the Poway General Plan, the Project requires the payment of development impact fees, which are assessed on a pro -rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Resolution No. P-19-16 Page 6 SECTION 6: The City Council hereby approves TTM19-005 and DR19-004, as shown on the approved plans incorporated by reference as "Exhibit A," also known as Attachment C to the December 17, 2019 Agenda Report on file with the City, except as noted herein and subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents; officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the Project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to TTM19-005 and/or DR19-004) and any environmental document or decision made pursuant to CEQA.. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation -related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. B. This approval is based on the existing site conditions and proposed project details represented on the approved plans ("Exhibit A"). If actual conditions and details vary from representations, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. D. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. The conditions for the project shall remain in effect for the life of the subject property and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. Prior to Final Map approval; unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. This approval is based on the existing site conditions represented on the approved tentative map. If actual conditions, vary from representations, the approved Resolution No. P-19-16 Page 7 tentative map must be changed to reflect the actual conditions. Any substantial changes to the tentative map must be approved by the Director of Development Services and may require approval of the City Council. 2. The final map, together with the supporting data and documentation, shall be submitted to Engineering Division for review and shall be approved to the satisfaction of the City Engineer. The appropriate map checking fee shall be paid by the applicant. 3. The final map shall conform to City standards and procedures, the City Subdivision Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors' Act, and all other applicable laws, regulations and ordinances. 4. The applicant shall include provisions in their design contract with their design consultants that, following acceptance by the City, all construction drawings or technical reports accepted by the City of all public improvements (exclusive of architectural building plans) shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal. 5. A new general public utility easement for public water and sewer and emergency access ingress and egress is to be dedicated to the City of Poway on the Final Map. Twenty -foot -wide minimum easements are required. 6. An easement for access and improvements shall be recorded for a future road running east to west (internal street) through the eastern portion of Lot 5 as shown on the approved tentative map. The easement shall be shown on the final map and a covenant shall be notarized and recorded to the 'satisfaction of the Director of Development Services regarding the requirement for an internal street and the redesign of the easterly portion of the project in order to accommodate an internal street in compliance with Chapter 5.10 of the PRSP. Include in the covenant that the creation of the internal street will result in a loss of off-street parking spaces. 7 Sign and execute a covenant agreeing for Lots 3 and 4 as shown �n the approved tentative map to provide a reciprocal access easement to the neighboring properties fronting along Poway Road to allow future internal vehicular and pedestrian access, including an internal street, to be constructed and maintained between the properties. The location of the future access easement shall be subject to approval by the Director of Development Services. Improvements required for such access shall be borne by the neighboring properties and shall not result in a net loss of parking spaces to the satisfaction of the Director of Development Services. The covenant shall be drafted by the applicant/developer and is subject to review and approval by the Director of Development Services. 8. Easements will be required for all public facilities and access onsite. This may include but is not limited to utilities, streets, sidewalks, and trails. 9. Applicant shall enter into a Private Road Maintenance Agreement for the private roads within the subdivision. The form and content shall be in a form satisfactory to the City Attorney. Resolution No. P-19-16 Page 8 10. Applicant shall provide an instrument for Covenants, Conditions, and Restrictions (CC&R), which addresses construction and maintenance of the private road, slopes, utilities, drainage, or accesses in the subdivision, said CC&Rs shall be reviewed and approved to the satisfaction of the Director of Development Services prior to recordation. 11. A mylar copy of the Final Tract map shall be provided to the City within three months of its recordation or prior to building permit issuance, whichever comes first. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the Tract Map, for the mylar reproduction of the recorded Tract Map shall be posted. 12. Within thirty days after City Council approval of the tentative map, the subdivider shall post with the City a non-refundable sewer connection fee of 20 percent of the total projected sewerage connection fee in effect at the time. 13. Within 30 days after City Council approval of the Final Map, the subdivider shall pay the City an additional 30 percent of the sewer connection fee. The remaining 50 percent of the sewer connection fee shall be paid prior to building permit issuance but no later than 36 months from recordation of the first final map, unless granted a time extension to complete the project. 14. The applicant shall pay the drainage impact development fee in effect at the time of subdivision. 15. The project requirements for fire protection specify the installation of fire hydrants and expansion of the water system necessary to support the installation of the hydrants. A Water System Analysis is required for final design of the proposed water system expansion. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans. 16. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City's project engineer, in accordance with the submittal and content requirements listed in the PMC shall be reviewed and approved to the satisfaction of the City Engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and shall be approved to the satisfaction of the City Engineer. The improvement design shall be 100 percent complete at the time of submittal and ready for approval. The plan shall include, at a minimum, the following features: a. Public sewer improvements as shown on the approved tentative map. b. Public water improvements as shown on the approved tentative map. c. The installation of street lights along the streets fronting the project parcels. The location and type of street light shall be coordinated and approved to the satisfaction of the City Engineer. Traffic improvements along Poway Road at entrances entering and exiting Resolution No. P-19-16 Page 9 the project area to accommodate right -in and right -out and left -in turning movements to the satisfaction of the City Engineer. e. Crosswalks across Quate Court at Poway Road shall be installed with new ADA compliant sidewalk transitions at the adjacent corners. f. Public improvements may include, but are not limited to, traffic signals, sidewalk, street lights, utilities, Class II bike lane markings, crosswalks across Quate Court at Poway Road with new ADA compliant sidewalk transitions at the adjacent corners provided it is within the City's right of way or easement, a median monument sign, bicycle racks, public seating, crosswalks, bus shelter and seating, trash receptacles, street trees and landscaping. 17. The public improvement plan shall be reviewed and approved to the satisfaction of the City Engineer. The approved plans, Exhibit A, do not include the required public street improvements. The applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan.. The applicant will be responsible for posting securities for monumentation and public improvements prior to grading permit issuance or final map approval, whichever comes first. 18. Any private improvements within any publicly held easement or right-of-way may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be reviewed and approved to the satisfaction of the City Engineer and executed prior to grading permit issuance. 19. A fair share payment shall be required towards the installation of a traffic signal at the intersection of Poway Road and "Private Driveway A," or an alternative location determined by the City Engineer, and for future Class IV bike lanes and adaptive signalizing efforts for traffic signals along Poway Road between Carriage Road and Community Road. The fair share payment shall be determined through an engineering study prepared by a certified traffic engineer and subject to approval of the Director of Development Services. The traffic signal shall be installed prior to final building permit approval (certificate of occupancy) for any commercial buildings beyond the 584 square feet currently proposed as part of DR19-004. (Planning) 20. Conditions, restrictions and requirements within the Poway Commons Agreements shall be adhered to prior to final map recordation or certificate of occupancy of any structure, whichever comes first, to the satisfaction of the Director of Development Services. 21. Provide a Maintenance Exhibit for all site areas clearly indicating the responsible maintenance entities (HOA, City, other). 22. The property owner shall notarize and record an agreement not -to -oppose the formation of a future assessment district to fund public facilities and improvements that directly benefit property owners in the district (e.g., Community Facilities Resolution No. P-19-16 Page 10 Districts (s), Landscape and Lighting District(s), Maintenance Assessment District(s), and Enhanced Infrastructure Financing District(s)). 23. The property owner shall notarize and record an agreement not -to -oppose the formation of a future business or property -based business improvement district in which businesses or property owners respectively are required to pay an additional levy to fund projects within the District's boundaries. (Public Works) 24. The applicant shall annex the properties into the appropriate Lighting Districts prior to recordation of the final map. G. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. A Floodplain Development Permit for all grading and improvements in the regulated floodway shall be reviewed and approved to the satisfaction of the City Engineer and issued prior to grading permit issuance. Proof of approval of a Conditional Letter of Map Revision •(CLOMR) from FEMA shall be provided. All applicable fees shall be paid prior to Floodplain Development Permit issuance. 2. If the project will be phased, the applicant will be responsible for presenting a phasing plan to the satisfaction of the Director of Development Services. The applicant may be required to notarize and record a covenant for private improvements to establish the timing of the installation of the private and public improvements. 3. Portions of Quate Court are to be vacated as shown on the approved Tentative Map. 4. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 5. Submit a precise grading plan, including private utilities, for the development prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Development Services Department, Engineering Division, for review and approved to the satisfaction of the City Engineer. The grading design shall be 100 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the PMC shall be submitted. 6. Water Quality Control — Drainage and Flood Damage Prevention a. A drainage study addressing the impacts of the 100 -year storm event prepared by a registered Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic Resolution No. P-19-16 Page 11 conditions to the satisfaction of the City project engineer. 7. Water Quality Control — Design and Construction a. The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. b. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the PMC, and a signed PDF version. c. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 of the PMC. d. Upon approval of the SWQMP, provide a PDF version. 8. This project is subject to the Trash Amendment, as defined by the San Diego Regional Water Quality Control Board Permit Order Number R9-2017-0077. This requires trash treatment control devices to be installed, the preparation of a recorded Storm Water Trash Treatment Facilities Maintenance Agreement, perpetual maintenance of facilities and an easement granted to the City. The applicant will be required to install trash treatment control devices inside all existing and proposed storm drain grated inlet structures onsite and downstream of any new development offsite. Please call out the devices on the plans. Please see the complete list of approved trash treatment control devices at: https://www.waterboards.ca.gov/water issues/programs/stormwater/docs/trash i mplementation/a1 certified fcsdevicelist 05aug19.pdf 9. Water Quality Control — Construction Storm Water Management Compliance a. Proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2009- 0009-DWQ, as amended by order 2010-0014) shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 10. Grading securities shall be posted with the City prior to grading plan approval per Chapter 16.46 of the PMC. A minimum cash security of $2,000 is required in all instances. 11. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 12. Following approval of the grading plans, posting of securities and fees, and receipt of five copies of the approved plans, the applicant shall attend a pre -construction meeting at the Department of Development Services. The scheduling request Resolution No. P-19-16 Page 12 shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment 'and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 13. Prior to start of any work within a City -held easement or right-of-way, a Right -of - Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 14. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. 15. If the disposal of groundwater is necessary during construction a dewatering plan shall be submitted for review and approved to the satisfaction of the City Engineer. Extracted groundwater should be discharged to surface waters under the current general National Pollutant Discharge Elimination System (NPDES) permit adopted by the California Regional Water Quality Control Board (RWQCB). Proof of coverage under this permit will be required. To protect water quality in the San Diego area, the City recognizes that it may be necessary to accept discharges of extracted groundwater to the sewer system. Discharges to the sewer system will only be allowed if it is determined that sewering this wastewater is the most appropriate and prudent disposal alternative and when sufficient hydraulic and treatment plant capacity is available to allow such discharges into the sewer system. 16. A geotechnical investigation and soils management plan prepared by a licensed engineer shall be required. If based on evidence that soil contamination exists, the applicable property shall participate in the County Department of Environmental Health's Voluntary Assistance Program for soil contaminants to the satisfaction of the Director of Development Services. 17. Letters of permission from adjacent properties owners or easements for any proposed work on adjacent properties shall be provided. 18. Conditions G.19 through G.30 shall appear as notes on the final grading plans. (Planning) 19. In accordance with Mitigation Measure BIO -1 of the PRSP EIR, all construction - related activities (including but not limited to mobilization and staging, clearing, grubbing, vegetation removal, fence installation, demolition and grading) should occur outside the avian nesting season (generally prior to February 1 to August 31 or according to local requirements), all suitable habitats located within the project's area of disturbance including staging and storage areas plus a 250 -foot Resolution No. P-19-16 Page 13 (passerines) and 1,000 -foot (raptor nests) buffer around these areas shall be thoroughly surveyed, as feasible, for the presence of active nests by a qualified biologist no more than five days before commencement of any site disturbance activities and equipment mobilization. If project activities are delayed more than five days an additional nesting bird survey shall be performed. Active nesting is present if a bird is sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the surveys shall be documented. If it is determined that the birds are actively nesting within the survey area, Condition Number G.20 (Mitigation Measure BIO -2 of the PRSP EIR) below shall apply. 20. In accordance with Mitigation Measure BIO -2 of the PRSP EIR, if pre -construction nesting bird surveys result in the location of active nests, no site disturbance and mobilization of heavy equipment (including but not limited to equipment staging, fence installation, clearing, grubbing, vegetation removal, fence installation, demolition, and grading), shall take place within 250 feet of non -raptor nests and 1,000 feet of raptor nests, or as determined by a qualified biologist in consultation with the California Department of Fish and Wildlife, until the chicks have fledged. Monitoring shall be required to insure compliance with the MBTA and relevant California Fish and Game Code requirements. Monitoring dates and findings shall be documented. 21. In accordance with Mitigation Measure BIO -3 of the PRSP EIR, prior to the removal of mature trees and existing buildings, a preconstruction survey for maternity (March 1 to August 1) or colony bat roosts (year-round) shall be conducted by a qualified biologist within seven days prior to activities that remove trees or structures. If an occupied maternity or colony roost is detected, CDFW shall be contacted about how to proceed. Typically, a buffer exclusion zone would be established around each occupied roost until bat activities have ceased. The size of the buffer would take into account: a. Proximity and noise level of project activities b. Distance and amount of vegetation or screening between the roost and construction activities c. Species-specific needs, if known, such as sensitivity to disturbance Due to restrictions of the California Health Department, direct contact by workers with any bat is not allowed. The qualified bat biologist shall be contacted immediately if a bat roost is discovered during project construction. 22. In accordance with Mitigation Measure CUT -4 of the PRSP EIR, a qualified professional archaeologist shall be retained who meets U.S. Secretary of the Interior's Professional Qualifications and Standards, to conduct an Archaeological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training session shall be carried out by a cultural resource professional with expertise in archaeology who meets the U.S. Secretary of the Interior's Processional Qualifications and Standards. The training session would include a handout and focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be Resolution No. P-19-16 Page 14 followed in such an event, those duties of archaeological monitors, and, the general steps a qualified professional archaeologist shall follow in conducting a salvage investigation if one is necessary. 23. In accordance with Mitigation Measure CUT -5 of the PRSP EIR, if archaeological resources are encountered, ground -disturbing activities shall be ceased, and the treatment plan shall be implemented. In the event that archaeological resources are unearthed during ground -disturbing activities, ground -disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be,established around the find where construction activities would not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work should be allowed to continue outside of the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist, who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribes/individuals shall be contacted and consulted, and Native American construction monitoring should be initiated. The developer and City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of the archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis. 24. In accordance with Mitigation Measure CUT -6 of the PRSP EIR, periodic archaeological resources spot checks during grading and earth -moving activities in younger alluvial sediments shall be conducted. A qualified professional archaeologist who meets the U.S. Secretary of the Interior's Professional Qualifications and standards shall be retained to conduct periodic archaeological spot checks beginning at depths below two feet to determine if construction excavations have exposed or have a high probability of exposing archaeological resources. After the initial archaeological spot check, further periodic checks would be conducted at the discretion of the qualified archaeologist. If the qualified archaeologist determines that construction excavations have exposed or have a high probability of exposing archaeological artifacts, construction monitoring for . archaeological resources would be required. The Applicant shall retain a qualified archaeological monitor who would work under the guidance and direction of a professional archaeologist, who meets the qualifications set forth by the U.S. Secretary of the Interior's Professional Qualifications and Standards. The archaeological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into non -fill younger Pleistocene alluvial sediments. Multiple earth -moving construction activities may require multiple archaeological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known archaeological resources, the materials being excavated (native versus artificial fill soils), the depth of excavation, and if found, the abundance and type of archaeological resources . encountered. Full-time monitoring could be reduced to part-time inspections if determined adequate by the project archaeologist. 25. In accordance with Mitigation Measure CUT -7 of the PRSP EIR, a report shall be prepared upon completion of monitoring services. The archaeological monitor, Resolution No. P-19-16 Page 15 under the direction of a qualified professional archaeologist who meets the U.S. Secretary of the Interior's Professional Qualifications and Standards, shall prepare a final report at the conclusion of archaeological monitoring. The report shall be submitted to the Applicant, the South Coastal Information Center, the City, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. The report shall include a description of resources unearthed, if any, evaluation of the resources with respect to the California Register and CEQA, and treatment of the resources. 26. In accordance with Mitigation Measure CUT -8 of the PRSP EIR,.the Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, shall conduct a Paleontological Sensitivity Training for construction personnel prior to commencement of excavation activities. The training would include a handout and would focus on how to identify paleontological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an event; the duties of paleontological monitors; notification and other procedures to follow upon discovery of resources; and, the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary. 27. In accordance with Mitigation Measure CUT -9 of the PRSP EIR, periodic paleontological spot checks during grading and earth -moving activities shall be conducted. The Applicant shall retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology to conduct periodic Paleontological Spot Checks beginning at depths below six feet to determine if construction excavations have extended into older Pleistocene alluvial deposits. After the initial Paleontological Spot Check, further periodic checks would be conducted at the discretion of the qualified paleontologist. If the qualified paleontologist determines that construction excavations have extended into the Puente Formation or into older Pleistocene alluvial deposits, construction monitoring for Paleontological Resources would be required. The Applicant shall retain a qualified paleontological monitor, who would work under the guidance and direction of a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology. The paleontological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into older Pleistocene alluvial deposits. Multiple earth -moving construction activities may require multiple paleontological monitors. The frequency of monitoring shall be based on the rate of excavation and grading activities, proximity to known paleontological resources and/or unique geological features, the materials being excavated (native versus artificial fill soils), and the depth of excavation, and if found, the abundance and type of paleontological resources and/or unique geological features encountered. Full-time monitoring can be reduced to part-time inspections if determined adequate by the qualified professional paleontologist. 28. In accordance with Mitigation Measure CUT -10 of the PRSP EIR, if paleontological resources are encountered, ground -disturbing activities shall be ceased, and the treatment plan shall be implemented. In the event that paleontological resources and or unique geological features are unearthed during ground disturbing activities, ground -disturbing activities shall be halted or diverted away from the Resolution No. P-19-16 Page 16 vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until appropriate paleontological treatment plan has been approved by the Applicant and the City. Work shall be allowed to continue outside of the buffer area. The Applicant and City shall coordinate with a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to develop an appropriate treatment plan for the resources. Treatment may include implementation of paleontological salvage excavations to remove the resource along with subsequent laboratory processing and analysis or preservation in place. At the paleontologist's discretion, and to reduce construction delay, the grading and excavation contractor shall assist in removing rock samples for initial processing. 29. In accordance with Mitigation Measure CUT -11 of the PRSP EIR, upon completion of the paleontological monitoring activities, the professional paleontologist shall prepare a report summarizing the results of the monitoring and salvaging efforts, the methodology used in these efforts, as well as a description of the fossils collected and their significance. The report shall be submitted to the Applicant, the City, San Diego Natural History Museum, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. 30. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 and August 15), a nesting bird survey shall be conducted by a qualified biologist and report the findings in writing to the City. Between February 15 and August 15, removal of trees containing nests shall be delayed until such time as the nest(s) have been abandoned unless the removal can be completed in accordance with California State codes and the Federal Migratory Bird Treaty Act of 1918. H. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Prior to the first building permit, all public improvements shall be installed to the satisfaction of the Director of Development Services. The warranty security shall be placed in accordance with PMC 16.20.080 (C). 2. The condominium maps shall be recorded pursuant to an approved phasing plan to the satisfaction of the Director of Development Services. 3. Proof of approval of a Letter of Map Revision (LOMR) from FEMA shall be provided. 4. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of Tots shall be in accordance with the California Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and Resolution No. P-19-16 Page 17 grading practices acceptable to the City. 5. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 6. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Three copies of certification of line and grade for the lot, prepared by the engineer of work. b. Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval to the satisfaction of the Director of Development Services. 7. Prior to start of any work within a City -held easement or right-of-way, a Right -of - Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 8. The applicant shall pay all applicable development impact fees (e.g., park mitigation, school, water system capacity, sewer connection, traffic mitigation, fire protection impact, and drainage fees) in effect at time of permit issuance. (Planning) 9. Public street improvements shall be required (reference Poway Commons Agreements Schedule of Performance, PRSP Chapter 5 and PMC 15.06.030) along Poway Road and Civic Center Drive and Poway Road and Tarascan Drive fronting the project consistent with the PRSP Chapter 5 Design Guidelines for Public Space and PMC 15.06.030 for all property frontages included within the Poway Commons Agreement (including future commercial uses — Lots 3 and 4 shown on the approved Tentative Map) to the satisfaction of the Director of Development Services. This includes ADA compliant sidewalk transitions, Class II bike lane markings, a median monument sign, wayfinding signs, street lighting, street trees (1 per 30 lineal feet), bicycle racks at property corners and adjacent to storefronts, public seating (three total), trash and recycling receptacles (1 per 600 lineal feet), bus shelters, signage and seating, and new private drive entrances, and widened six-foot wide sidewalks (one -foot stamped and stained concrete). Landscape parkways and medians along property frontages shall be included into a Landscape Maintenance District (LMD) with maintenance funded by the project homeowner associations or a similar alternative where maintenance of public improvements is borne by the homeowner associations to the satisfaction of the Director of Development Services. Original art pieces are allowed on utility boxes to deter graffiti and enhance the streetscape until such time that utilities are placed underground. In addition, due to the increased pedestrian activity resulting from the Project, crosswalks across Quate Court at Poway Road shall be installed with Resolution No. P-19-16 Page 18 new ADA compliant sidewalk transitions at the adjacent corners provided it is within the City's right of way or easement. The public street improvements shall be installed prior to issuance of any building permits for residential units. 10. A covenant shall be notarized 'and recorded on Lot 2 of the approved Tentative Map providing that the 43 residential units proposed within the affordable building shall be deed restricted to seniors 62 years of age or older and low-income households for a minimum period of 55 years in accordance with Article V of PMC Chapter 17.26 shall be notarized and recorded. As more particularly provided in the Authority Regulatory Agreement, a minimum of five (5) of the dwelling units in the Project shall be rented to qualified senior households whose incomes do not exceed fifty percent (50%) of the area median income for San Diego County, adjusted for household size; and a minimum of thirty-eight (38) of the dwelling units in the Project shall be rented to qualified senior households whose incomes do not exceed sixty percent (60%) of the area median income for San Diego County, adjusted for household size, with all of such dwelling units rented at an affordable rent, pursuant to Health and Safety Code Section 50053(b). One (1) unit in the Project shall be an unrestricted manager's unit (44 residential units total). 11. Landscape and irrigation plans shall be submitted for Lots 1 through 5 and the parcel on the southeast corner of Civic Center Drive and Poway Road (Triangle Park) for review and shall be approved to the satisfaction of the Director of Development Services. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC and substantial conformance to the approved conceptual landscape plans, and all other applicable standards and ordinances in effect at the time of landscape and irrigation plan check submittal. To the satisfaction of the Director of Development Services, the landscape plans shall also provide the following: a. The landscaping plan shall incorporate a minimum one 24 -inch box tree for every 30 feet of frontage along the public right-of-way. b. A minimum of one 15 -gallon tree, per City specification, shall be provided for every three parking spaces. Said trees shall be located to provide shade cover for the vehicles where practical. c. The plans shall include shrubs to provide screening of the parking areas as seen from adjacent public streets. d. Special attention shall be given to provide landscaping that enhances the intersection corners. e. The removal of one existing mature tree shall be replaced on-site with the planting of a 36 -inch box sized tree of a species per the tree removal permit to the satisfaction of the Director of Development Services. The trees shall be planted per the approved landscape plans for the development project or if this project is abandoned, the trees shall be replaced according to a tree replacement planting plan reviewed and approved to the satisfaction of the Director of Development Services. i. A modification to the number or sizes of the tree replacement Resolution No. P-19-16 Page 19 requirement may be approved by the Director of Development Services as part of the landscape plan review. Please provide a written request to modify this requirement that outlines the reasons of the request. ii. The replacement trees shall be planted prior to obtaining occupancy or within 24 months of their removal whichever comes first pursuant to the approved phasing plan to the satisfaction of the Director of Development Services. Pedestrian amenities for the internal pedestrian passageway and public open space shall be further reviewed and approved to .the satisfaction of the Director of Development Services as part of the landscape plan review process. Seating, shaded areas, lighting, landscaping, trees and textured paving elements shall be consistent with Chapter 4 (Design Guidelines) of the PRSP. Add and evenly distribute parking lot lighting to create adequate visibility at night. Scale the lighting for pedestrians and vehicles for safety and security. Pedestrian -scaled lighting should emphasize and clearly identify pedestrian walkways and may include bollards, step, or other comparable lighting. Art and murals can be used to add visual interest along a street corridor or within a district, and to celebrate history and culture. Original art and murals allow for creative expression and can be an attraction for visitors independent of stores and restaurants. Community members should be included in the development of original art to the extent possible. Review by the Department of Development Services is required to ensure the original art or mural is compliant with the PRSP and the PMC. The landscape and irrigation plan submittal are a separate submittal from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. Any landscaped areas within the public right-of-way shall be permanently and fully maintained by the owner of the private property adjacent to the public right-of-way where the improvements are located to the satisfaction of the Director of Development Services. 12. The plant palette shall be reviewed by project biologist and shall not include any invasive species within 50 feet of the edge of the riparian habitat boundary in Rattlesnake Creek. 13. The ratio of 15 -gallon trees to 24 -inch boxed trees or larger shall be four to one (4:1). 14. The park at the southeast corner of Poway Road and Civic Center Drive (Triangle Park) will be maintained by the City, but improvement by the project proponent. All walkways and seating shall be ADA compliant. The site design and landscape materials should be low maintenance. Include one 24 -inch box tree for every 300 square feet of surface area. The park improvements shall be installed prior to building permit final (certificate of occupancy) of the 46th residential unit of the project and prior to building permit final (certificate of occupancy) of the last building of the northerly market -rate residential units accessed from Tarascan Resolution No. P-19-16 Page 20 Drive, whichever comes first. The community event sign and/or art shall be a minimum 300 cubic feet, excluding footings and stands, and shall include a durable foundation and materials to the satisfaction of the Director of Development Services. A combination of art and a community event sign is permissible. Art shall be in compliance with design standards in Chapter 4.10 and 5.6 of PRSP. 15. Site preparation, including demolition, clearing and grubbing, grading and utility connections on the future 44 senior -affordable apartments development site as described as Lot 2 on the approved Tentative Map is required prior to building permit issuance for any of the market -rate residential units (reference Poway Commons Agreements Schedule of Performance). 16. Site preparation, including demolition, clearing and grubbing, grading and utility connections on the future commercial development sites as described as Lots 3 and 4 on the approved Tentative Map is required prior to building permit issuance for any of the market -rate residential units (reference Poway Commons Agreements Schedule of Performance). 17. A General Plan Trail is required along Rattlesnake Creek and will require six -foot - wide public access improvements and a six -foot -wide easement to be recorded over that portion of land. A minimum six -foot -wide ADA compliant path/trail is required along Rattlesnake Creek. The Trail shall connect Civic Center Drive to the entrance to Community Park. 18. All architectural details shown on the approved DR plans shall also be shown on the building plan check submittal. Any major modifications from the building and site design details not within substantial conformance to the approved plan, Exhibit A, will require a DR revision and City Council approval as determined by the Director of Development Services. 19. The building plans shall include details for all exterior lighting to demonstrate conformance with PMC Section 17.10.150(H); including, but not limited to, reflecting light downward, away from any road or street, and away from any adjoining residential development. Lighting shall be maintained in compliance with City standards by the applicant for the life of the project. 20. Signs proposed for this development shall be reviewed and approved to the satisfaction of the Director of Development Services under a separate Sign Permit. 21. The building plans shall include elevations and cross-sections that show all new roof -mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view from adjacent properties, to the satisfaction of the Director of Development Services. Screening of utilities and mechanical equipment located on roofs is appropriate with architectural design elements such as trellises or an artistic design feature. 22. Exterior building materials and finishes shall reflect the approved elevations (Exhibit A) on file with the City and the conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services. 23. Demolition of existing.structures shall include investigations for lead and asbestos Resolution No. P-19-16 Page 21 with appropriate mitigations prepared by certified professionals. 24. In accordance with Mitigation Measure GHG-1, the installation of wood -burning devices such as fireplaces, stoves and heaters shall be prohibited. Prior to occupancy, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground consistent with undergrounding policies to the satisfaction of the Director of Development Services. No extension of overhead utilities shall be permitted. 2. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. 3. An adequate drainage system around the new building pads capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to private and/or public improvements caused by construction activity from this project. 5. All applicable easement dedications and maintenance agreements are to be recorded prior to occupancy. 6. The stormwater facilities shall be complete and operational prior to occupancy. 7. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities (i.e. at least three weeks prior to a request for occupancy is recommended). All other final reports and agreements, as outlined in Section 16.52.130 of the Grading Ordinance are to be approved. 8. Safety fencing for fall protection shall be required at the top of retaining walls and slopes as required and shall be shown on all Grading Plans where appropriate. (Planning) 9. The Landscape and Site Plans shall indicate that sight distance restricted areas at intersections. Add a note that no landscape materials over 30 inches in height shall be placed in sight distance restricted areas. 10. Landscape, irrigation and exterior site amenities shall be installed prior to building permit final (certificate of occupancy) pursuant to the approved phasing plan for Resolution No. P-19-16 Page 22 the market -rate residential units, prior to building permit final (certificate of occupancy) for the affordable residential units, and prior to building permit final (certificate of occupancy) of the last building of the northerly market -rate residential units accessed from Tarascan Drive, whichever comes first, except as otherwise determined by the Director of Development Services. All exterior amenities shall be reviewed and approved to the satisfaction of the Director of Development Services and substantially similar or of better quality than conceptual images provided prior to building permit issuance. J. The following requirements shall be completed or maintained to the satisfaction of the Director of Public Works: 1. Prior to the deadline set forth in the Schedule of Performances(s) for public improvements in the Poway Commons Agreements, the water and sewer system and associated equipment and facilities shall be located and designed per City standards and specifications for a public sewer and water system with standard valves and backflow prevention devices, including shut-off valves at each building and hydrant valves outside the spray zone, to the satisfaction of the Director of Public Works and the Director of Safety Services. The water and sewer system shall be privately maintained by the HOA with emergency access and repair rights to the facilities to the satisfaction of the Director of Public Works and the Director of Safety Services. A Hold Harmless Agreement shall be notarized and recorded for emergency access and repair by the City. Maintenance and certifications of the water and sewer system shall be as required by the Director of Public Works and the Director of Safety Services. 2. All new sewer manholes identified as private shall not have City of Poway name on them. All new sewer manholes identified as public shall have City of Poway name on them. 3. Prior to the deadline set forth in the Schedule of Performances(s) for public improvements in the Poway Commons Agreements, both sewer mains identified on Private Drive "D" and Private Drive "F" shall have property line cleanouts installed at edge of Right -of -Way on Tarascan Drive. The Sewer main for this project shall be designated as private, not public. 4. Prior to issuance of a grading permit, a private Sewer Maintenance Agreement shall be notarized and recorded for the future repair and rehabilitation of the proposed private sewer prior to the issuance of grading or improvement permits. The City will provide the template for the agreement. 5. Prior to the issuance of a grading permit, notarize and record a maintenance agreement for the on-going maintenance of the private street and access improvements, parking and other proposed paved areas, fencing, landscape and irrigation (private and within the public right-of-way along the property's frontage), and recreational and other facilities as specified to be reviewed and approved to the satisfaction of the City Engineer and Director of Development Services. This maintenance agreement shall be adhered to by the HOA and incorporated into the CC&Rs to the satisfaction of the Director of Development Services and City Engineer. Resolution No. P-19-16 Page 23 K. The following requirements shall be completed to the satisfaction of the Director of Safety Services: 1. Fire Department access for use of firefighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. Access to each phase of development shall be to the satisfaction of the City Engineer and City Fire Marshal. 2. Prior to the delivery of combustible building material on site, the approved water service to all fire hydrants shall be connected to the public water supply, satisfactorily pass all required tests and be approved by the City. 3. Prior to the delivery of combustible building material on site, the approved vehicle access for firefighting shall be installed, satisfactorily pass all required tests and approved by the City. All accesses shall be provided within 100 feet of all fire department connections. Use of temporary vehicle access for firefighting shall require plan submittal, review and approval to the satisfaction of the City Fire Marshal. 4. Approved fire apparatus access roadways shall be provided for every facility, building or portion of a building. The fire apparatus access roadways shall extend to within 150 -feet of all portions of the project and all portions of the exterior walls of the first story of all buildings as measured by an approved route around the exterior of the building or facility. 5. The project 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 load of 75,000 lbs. of fire apparatus having a minimum of 13'6" of vertical clearance. This 20 -foot access width is the minimum required for Fire Department emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. The Fire Chief, pursuant to the PMC, shall approve the road surface type. 6. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official. 7. Fire apparatus access roads, including all private drives, shall not be obstructed in any mariner, including the parking of vehicles. A minimum of 20 feet of unobstructed access is required. All applicable areas shall be designated as "Fire Lanes" with appropriate signs and curb markings. 8. All dead-end fire access roads in excess of 150 feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. A cul- de-sac shall be provided in residential areas where the access roadway serves more than two structures. The minimum, unobstructed paved radius width 'for a cul-de-sac shall be 38 feet in residential areas. 9. There shall be "No Parking" on both sides of Private Drives "B", "D", "E", Portion of "A", Portion of Private Drive "F" and Portion of Private Drive "C". Resolution No. P-19-16 Page 24 10. The gradient for a fire apparatus access roadway shall not exceed 20 -percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. 11. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12 -percent) or as approved by the fire code official. 12. Approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. 13. A lighted directory map, meeting current fire department standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks, where the number of units in such project exceeds 15. 14. All gates or other structures or devices that could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet the standards approved by the fire code official and obtain appropriate permits. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key -operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational 'or assembly occupancy group structures shall also be equipped with approved emergency traffic control -activating strobe light sensor(s), or other devices approved by the fire code official, which will activate the gate on the approach of emergency apparatus with a battery backup or manual -mechanical disconnect in case of power failure. In the event of a power failure, the gate shall be automatically transferred to a fail-safe mode allowing the gate to be manually pushed open without the use of special knowledge or equipment. All automatic gates must meet fire department policies deemed necessary by the fire code official for rapid, reliable access. 15. Access widths shall be improved or "Fire Lanes" shall be designated in all areas where demonstrated movement is prevented by the parking of vehicles. 16. Each building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and a size approved by the City. Each building address shall also be displayed on the roof in a manner satisfactory to the Fire Marshal, and meeting Sheriff Department-ASTREA criteria. 17. The entire water system for the project shall be looped. The addition of on-site fire hydrants is required. The Fire Marshal shall approve the location of all fire hydrants. 18. A water systems analysis will be required to establish available fire flow. The required fire flow shall be according to Appendix B of the 2016 California Fire Code, and, approved by the City. The water supply may require approved improvement to include the addition of water mains and fire hydrants as determined and Resolution No. P-19-16 Page 25 approved by the Fire Department. 19. Water main sizes and fire hydrant locations are conceptual only and shall be reviewed and approved to the satisfaction of the City Fire Marshal by separate plan submittal. 20. Fire protection system and details shown on Sheet FP -1.0 to FP -1.2 are conceptual only and shall be reviewed and approved to the satisfaction of the City Fire Marshal by separate plan submittal. 21. All buildings are required to be equipped with an approved fire sprinkler system according to PMC requirements. All systems are required to be monitored by a central monitoring company. Backflow valve assemblies with tamper switches shall be monitored. The City Fire Marshal shall locate these fire protection devices prior to installation. A separate submittal, with applicable fees, for each separate underground system connected to the public water supply is required. A separate plan submittal, with applicable fees, for each, separate building'sfire sprinkler system design is required. Separate fees for plan check and inspection services will be charged by the Fire Department upon submittal. 22. Fire sprinkler riser(s) shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." 23. A metal sign with raised letters at least one inch (25mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC- SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. 24. All buildings are required to be equipped with an approved automatic fire alarm system according to PMC requirements. The systems shall be installed according to NFPA 72. The system shall be completely monitored by a UL listed central station alarm company or proprietary remote station. Each building may require a separate plan submittal and fee. The Fire Department shall determine the number of separate plan submittals and separate fees based upon proposed system design. 25. A 'Knox' Security Key Box shall be required for each building at locations determined by the City Fire Marshal. 26. Smoke detectors shall be installed in all residential bedrooms and adjoining hallways. The smoke detectors shall be hard -wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. 27. Carbon monoxide detectors shall be installed in residential hallways adjoining bedrooms, both in the, proposed addition and existing residence. The carbon monoxide detectors shall be hard -wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. L. The following requirements shall be adhered to upon establishment of land uses and occupancy is granted to the satisfaction of the Director of Development Services: Resolution No. P-19-16 Page 26 1. All physical elements of the project, excepting improvements for buildings, including public street improvements, shown on the approved building, landscape, grading, improvement and related plans shall be substantially maintained per the approved plans, except as noted herein, to the satisfaction of the Director of Development Services. 2. Proper drainage shall be maintained throughout this subdivision as to prevent ponding and/or storage of surface water and shall be in compliance with the NPDES permit to the satisfaction of the Water Quality Coordinator and the City Engineer. 3. Permissible uses within the 584 square -foot commercial suite shall be limited to commercial uses permitted within the underlying zone, including restaurants, to the satisfaction of the Director of Development Services. Interior connections to the adjacent residence is permissible (live/work), however, the 584 square -foot commercial suite shall not be used as residential space or for long-term storage purposes to the satisfaction of the Director of Development Services. 4. Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City for review and approved to the satisfaction of the Director of Development Services and shall be written to the satisfaction of the Director of Development Services and the City Engineer. The CC&Rs shall include the conditions herein to the satisfaction of the Director of Development Services and shall be recorded prior to or concurrent with the final map and shall include, but not be limited to, the following: a. The formation of a home owner's association (HOA) with maintenance responsibilities is required. b. A Best Management Practices (BMP's) and a Private Driveway and Drainage Maintenance Agreement to the satisfaction of the City Engineer. The maintenance and the preservation of drainage and BMP facilities shall be included. c. The CC&Rs shall identify and implement the BMP's identified in the SWQMP prepared for this project and state that the Developer, Current and Future Property Owners shall comply with the recommendations of the SWQMP prepared for this project to the satisfaction of the Water Quality Program Coordinator and the City Engineer. Funding of the long-term maintenance of all facilities required by the SWQMP shall be included in the annual HOA budget. d. The CC&Rs shall include on-going maintenance of landscaping and irrigation (private and within public right-of-way) of slopes, parkways, open space and park areas as illustrated on approved landscape and irrigation plans (Exhibit A). This Exhibit A shall be included in the CC&Rs. All landscaping shall be well maintained in a healthy growing condition at all times in substantially the same condition as approved in accordance with the approved landscape and irrigation plans. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and Resolution No. P-19-16 Page 27 the irrigation mainline upon private property only, as required by the City. The HOA or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. An Encroachment, Maintenance, and Removal Agreement shall be notarized and recorded prior to recordation of the final map or building permitting. The City will provide the template for the agreement. All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. Trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning shall not remove more than 25 percent of the trees' leaf surface. e. Street trees along the roadway shall not obstruct the ability of fire apparatus access and fire department aerial operations. Tree height and type should be considered in the ultimate landscape design. f. Immediate removal of graffiti and any other type of offensive debris is required. g. The exterior colors and materials shall be substantially consistent with the color and material board submitted with the application to the satisfaction of the Director of Development Services. Any modifications to the color and materials sample board shall be submitted for review and approved to the satisfaction of the Director of Development Services. h. Bicycle storage for 44 bicycles shall be accommodated (minimum one per dwelling unit) for the affordable building to the satisfaction of the Director of Development Services. All garage doors shall be automatic roll -up type doors and equipped with remote control devices. All garages shall be available for required off-street parking (20 -foot -wide by 20 -foot -deep interior clear space) at all times except that minor projections are permissible where it can be found that the projections would not hinder the placement of a vehicle within the area. k. All garages shall provide and maintain a minimum of 150 cubic feet of overhead storage racks to encourage parking within the two -car garages. No parking is permitted within the private street, pedestrian pathways, or designated fire lane area at any time. Parking on-site is only permitted within designated parking spaces and within the dwelling units' garages. Parking within driveways less than 19 feet in depth is prohibited. Resolution No. P-19-16 Page 28 m. No on-site parking spaces that are not within a garage shall be assigned. n. Maintain the drainage facilities and any access easements (where they occur) on the property. o. All light fixtures shall be designed, shielded and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises. p. The property shall comply with all performance standards relating to the generation of noise, glare, dust, and odor. q. If any fire hydrant is taken "OUT OF SERVICE," the Fire Department shall be notified immediately and the hydrant marked, bagged, or otherwise identified as "OUT OF SERVICE" as directed by the Fire Marshal. r. Designated fire apparatus streets and turn-arounds shall be maintained accessible and usable by emergency vehicles. Usable conditions include but are not limited to the following: An all-weather road surface shall be maintained. ii. Road shall support imposed loads of fire apparatus at 75,000 pounds. No parking -fire lane signs shall be repaired or replaced as needed. iv. Fire lanes shall remain free at all times of any obstruction including but not limited to: vehicles, storage, debris, etc. v. Fire lane or hammerhead turn -around shall maintain an unobstructed width of 20 feet and a minimum 13' 6" vertical clearance. vi. Grades exceeding 12 percent shall be concrete with a deep broom finish perpendicular to the access roadway. vii. Fire Department approval and conditions are required for fire apparatus access roads with grades between 10 percent and 20 percent. viii. All required fire access roads and turn arounds shall have a minimum 28 foot turning radius or as approved by the fire code official. s. Wood burning devices are prohibited. t. Safety features including fire sprinklers, ignition resistant construction, smoke and carbon monoxide detectors and fire resistive landscaping shall be maintained in accordance with California Fire Code, California Building Code, California Vehicle Code (fire lanes), City Municipal Code and any other applicable codes. Resolution No. P-19-16 Page 29 u. All trash and recycling receptacles are required to be within the individual residences of the proposed planned development at all times, except that one recycling container and one refuse container per dwelling unit is permitted directly outside of the individual dwelling unit's garage within ten hours of the trash pick-up times specified by EDCO waste and recycling company. v. Rooftop mechanical equipment, including but not limited to heating, air conditioning and ventilating equipment, shall be screened so that it may not be seen from the level of adjacent streets and sidewalks. w. The use of barbed wire or razor ribbon on any fences, gates, or walls is prohibited. x. A lockable gate is permissible at the entrance from the project into Community Park. The gate shall be provided with panic hardware for emergency egress into the park and shall retain an openable assembly during all hours that Community Park is open to the public through an automatic timer and lock. A visible sign stating the operational hours shall be posted on the gate to the satisfaction of the Director of Development Services. y. Ongoing maintenance of the onsite private sewer -and water systems are required to the satisfaction of the Director of Safety Services and the Director of Public Works. z. The CC&Rs shall clearly establish the responsibilities of the individual home owners and the HOA with regard to the continuing maintenance and preservation of the project. aa. The CC&Rs shall give the City the right but not the duty to enter the premises to do maintenance and levy assessments if the home owners fail or refuse to maintain said facilities. bb. Amendments to the CC&Rs that affect any requirement of this resolution shall require express written consent of the City. cc. Common open space areas shall be well maintained at all times (e.g., bike racks, barbeques, tables, landscape, signage, and public art features). SECTION 7: The approval of TTM19-005 and DR19-0Q4 shall expire December 17, 2021, at 5:00 p.m., unless prior to that time the final map is recorded and,a Building Permit has been issued and construction has commenced on the property unless prior to the expiration, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. The final map conforming to this conditionally approved TTM shall be filed with the City so that the City. may approve the parcel map before this approval expires. SECTION 8: The parties are hereby informed that the time within 'which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Resolution No. P-19-16 Page 30 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of December, 2019 by the following vote, to wit: AYES: MULLIN, LEONARD, FRANK, GROSCH, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ATTEST: Faviola Medinp:"elaC, City Clerk Steve Vaus, Mayor