Res 20-091
RESOLUTION NO. 20-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING TENTATIVE TRACT MAP
20-003 AND DEVELOPMENT REVIEW 20-002 FOR A MIXED-
USE DEVELOPMENT PROJECT WITHIN THE POWAY ROAD
SPECIFIC PLAN, TOWN CENTER DISTRICT. ASSESSOR
PARCEL NUMBERS: 317-490-55 and 317-490-69
WHEREAS, on December 1, 2020 the City Council considered Tentative Tract Map (TTM)
20-003 and Development Review (DR) 20-002; a proposed mixed-use development project
including the construction of 212 residential units, 11,364 square feet (sf) of commercial space,
and approximately 9,955 sf of quasi-public open space that is privately owned and publicly
accessible on the south side of Poway Road, west of Civic Center Drive and east of Carriage
Road within the Town Center (TC) District of the Poway Road Specific Plan (PRSP) with related
site and public street improvements (project hereinafter);
WHEREAS, on December 1, 2020, the City Council held a duly advertised public hearing
to receive testimony from the public, both for and against, relative to this matter;
WHEREAS, the City Council has read and considered the agenda report for the proposed
project, including the attachments, and has considered all other evidence presented at the public
hearing; and
WHEREAS, the approved development plans are incorporated by reference herein as
Exhibit A to this Resolution available on file in the Development Services Department, including
the site and landscape plans and the architectural and civil drawings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1: The above recitals are true and correct.
SECTION 2: 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
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.
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B. The June 9, 2020 access analysis prepared by Linscott, Law & Greenspan for the project,
shows that it will result in 1,998 average daily trips (ADTs), 152 a.m. peak hour trips, and
174 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 July 11, 2019, Phase I Environmental Site Assessment prepared by Advantage
Environmental Consultants, LLC for the project, revealed no evidence of recognized
environmental conditions in connection with the site.
D. The July 2020 Historical Resource Evaluation Report prepared by LSA 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 3: The City Council finds that the proposed project is consistent with the
PRSPgenerally, including the TC Districtdesignation, and further, the proposed project qualifies
for Tier 2 height and density bonuses (Table 3-4) because the project includes lot consolidation
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 residential units that are located in proximity to civic, retail and commercial
service
D. Provision of appropriate community benefits identified in the PRSP:
1. Creation of a total of 9,955 sf quasi-public open space that will be a vital community
resource that provides a place to sit and relax, gather, and enhance pedestrian
activity, and host community events.
2. Creation of a neighborhood restaurant row that consists of two restaurants that will
have a combined seating for at least 80 patrons. The neighborhood restaurant
row will contribute to economic vitality and provide ground floor space permanently
reserved for neighborhood restaurants/cafes within the TC District.
3. A contribution of $500 per dwelling unit ($106,000 based on 212 dwelling units) to
a Community Benefit Fund that will be established to implement the PRSP. The
fund may be used for significant streetscape and mobility improvements including,
but not limited to streetscape improvements include lane restriping, median and
sidewalk enhancements, additional traffic signal and pedestrian crossings on
Poway Road, undergrounding utilities, and parklets, among other improvements.
E. Development of residential units that are located in proximity to civic, retail and commercial
service uses.
F. The project provides exemplary design and directly implements objectives of the PRSP.
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G. 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, d) creates a neighborhood park and commercial
mixed use opportunities, and e) provides public and private bicycle racks.
SECTION 4:The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for TTM20-003, are made as follows:
A. The TTM is consistent with the General Plan, in that it proposes to create residential and
commercial units at a density consistent with the General Plan, Poway Municipal Code
(PMC), and PRSP.
B. The design and improvements required of the TTM are consistent with the General Plan
and PRSP, in that the approved density and lot size and configuration adheres to the
standards of the General Plan and PRSP.
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.
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 EIR and the proposed
project is within a previously disturbed property that was developed with a shopping center
and bowling alley building.
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 large,
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, except that an access easement
is being relocated. All other public easements are currently not being utilized by the and
are proposed to be quitclaimed.
SECTION 5: The findings for DR20-002, in accordance with the PMC 17.52.010
Purpose of DR, 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 buildings that are each designed with matching exteriors that are consistent
with the other projects in the vicinity on Poway Road. The stucco exteriors, wood trim,
and accents will feature earth tone colors which is consistent with the Poway General Plan
and the PRSP. 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. The buildings were
designed to complement other building in the TC district. Therefore, the proposed
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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.
E. In accordance with Table 3-4 of the PRSP, the project includes a Tier 2 Height and Density
Bonus with the Selection of the following Community Benefits: Public Open Space, a
Neighborhood Restaurant Row, and a Contribution to the Community Benefits Fund.
These bonuses are granted as a part of the project approval.
SECTION 6: 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.
SECTION 7: The City Council hereby approves TTM20-003 and DR20-002, as shown
on the approved plansincorporated by reference and stamped as “Exhibit A”datedDecember 1,
2020 (Exhibit A hereinafter) 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
TTM20-003 and/or DR20-002) 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,
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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 stamped “Exhibit A” and on file at the Development
Services Department. If actual conditions and details vary from representations on Exhibit
A, 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 proposed project shall comply with all mitigation measures established under the
certified FEIR for the PRSP as specified in the Mitigation Monitoring and Reporting
Program (MMRP).
F. 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.
G. Prior to Final Map approval, unless other timing is indicated, the following conditions shall
be complied with:
(Engineering)
1. Within thirty (30) days after tentative map approval, the applicant shall submit in
writing to the City's Planning Division that all conditions of approval have been read
and understood.
2. This approval is based on the existing site conditions represented on the approved
tentative map. If actual conditions vary from representations, the approved
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.
3. The final map, together with the supporting data and documentation, shall be
submitted to Engineering Division for review and approval. The appropriate map
checking fee shall be paid by the applicant.
4. The final map shall conform to City standards and procedures, the City Subdivision
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Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors'
Act, and all other applicable laws, regulations and ordinances.
5. An easement for public access for a future road (internal street) as shown on the
tentative map shall be dedicated on the final map.
6. A covenant shall be notarized and recorded to the satisfaction of the Director of
Development Services regarding the requirement for the Town Center internal
street and the design of the internal street connection at the eastern and western
boundaries of the site. The covenant shall include that this connection shall be
redesigned in order to accommodate an internal street in compliance with Chapter
5.10 of the Poway Road Specific Plan. The covenant shall also include that this
connection of the internal street will result in a loss of parking spaces.
7. Existing easements that are no longer required by the City shall be vacated on the
final map.
8. Easements will be required for all public facilities and access onsite. This may
include, but is not limited to, utilities, streets, sidewalks, and elevators.
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.
10. If there is 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&R shall be reviewed by
the City 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 Final Tract Map, the subdivider
shall pay the City the sewer connection fee.
13. The applicant shall pay the drainage impact development fee in effect at the time
of subdivision.
14. 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 approved.
Submittal shall be made to the Department of Development Services Engineering
Division for review and approval. The improvement design shall be 100 percent
complete at the time of submittal and ready for approval. The tentative map does
not include all of the required public improvements. The improvement plan shall
include, at a minimum, the following features:
a. The proposed traffic signal at Carriage Heights Way and Poway Road. The
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traffic signal shall be compatible with and capable of handling adaptive signal
facilities (to be installed in the future). The existing medians in Poway Road
shall be modified as necessary to provide proper queuing for left turn lanes on
Poway Road at the signalized intersection. The median opening at the existing
driveway entrance on the west side of the project shall be removed and
replaced with raised, landscaped median.
b. Public water improvements as shown on the approved tentative map.
c. Public sewer improvements as required by the approved sewer study. Prior to
the first submittal of the improvement plans, the applicant will be required to
field-verify the existing sewer system (material, size, and slopes of the laterals
and downstream mains) that the project is proposing to connect to so that the
City can evaluate the required sewer improvements. The sewer study shall be
updated to include the field findings and it shall be resubmitted with the first
improvement plan submittal. The City will evaluate the sewer improvement
requirements based on the updated sewer study and field findings.
d. Proposed 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.
e. A City standard bus shelter with seating and trash receptacle at the location
determined by the Metropolitan Transit System (MTS) and the City. An
accessible slated bench with non-sleep bars and a trash receptacle per EDCO
standards will be required. A turn-out is not required, however, this requires a
concrete sidewalk pad adjacent to the curb (no landscaping between) that
measures a minimum eight to ten feet deep and 25 feet long, with a maximum
two percent slope from curb to back of sidewalk. Ensure that the path of travel
between the bus stop and the intersection (and crossing) is accessible (ADA
compliant).
Submit improvement plan to MTS for review and approval of
proposed bus stop improvements.
f. Additional public improvements along street frontage adjoining project parcels
and adjacent to the proposed signal location may also include but are not
limited to: driveway improvements, Americans with Disabilities Act (ADA)
accessibility improvements, traffic improvements, street/bike lane/crosswalk
striping, enhanced crosswalk paving, curbs, gutters, sidewalks, utilities, street
trees and landscaping.
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 may be 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. The public improvement plan shall be reviewed and approved to the satisfaction
of the City Engineer. Upon approval of the improvement plan, 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.
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17. 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.
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 approved and
executed prior to grading permit issuance.
19. A fair share payment shall be required towards future 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 by the Director of
Development services.
(Planning)
20. The applicant shall provide the $106,000 contribution to the Community Benefit
Fund ($500/dwelling unit) as one of the incentives to allow increased height and
density for the project.
21. The formation of a homeowner’s association (HOA) with maintenance
responsibilities is required, unless project site is under single ownership (Single-
Owner hereinafter). Provide a Maintenance Exhibit for all site areas clearly
indicating the responsible maintenance entities (Single-Owner or HOA, City,
other).
22. Notarize and record an access agreement for residents, guests, retail and plaza
users to have access to all publicly accessible areas (e.g., dog park, retail,
restaurants, plazas), including the Town Center interior street, the pedestrian
corridor, quasi-public open space, and parking areas and drive-aisles to be
reviewed and approved to the satisfaction of the Director of Development Services.
This agreement shall be adhered to by the Single-Owner or HOA and incorporated
into the CC&Rs if applicable to the satisfaction of the Director of Development
Services.
23. Permanent deed restrictions shall be executed restricting future development of
the quasi-public open space to the satisfaction of the Director of Development
Services.
24. 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
Districts (s), Landscape and Lighting District(s), Maintenance Assessment
District(s), and Enhanced Infrastructure Financing District(s)).
25. 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.
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(Public Works)
26. The applicant shall annex the properties into the appropriate Lighting Districts prior
to recordation of the final map.
H. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions
shall be complied with:
(Engineering)
1. If the project will be phased, the applicant will be responsible for presenting the
phasing plan to the satisfaction of the City Planner and City Engineer. The
applicant may be required to enter a covenant to establish the timing of the
installation of public and private improvements.
2. 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 (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.
3. Submit a precise grading plan for the development, including private utilities,
prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise
approved by the City project engineer. The grading plan shall show the proposed
private utilities (sewer and domestic water) for reference only. Storm drain, and
fire water (non-building systems) will be permitted and inspected per the grading
plan set. Submittal of the precise grading plan shall be made to the Department
of Development Services Engineering Division for review and approval. 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.
4. Since the project is proposing private utilities, a separate submittal for private
utilities will need to be made with the Building Department. The Building
Department must approve the plans prior to construction of any of the private
utilities. Coordination shall be done directly with the Building Department.
Depending on construction phasing, it may be beneficial to submit these
concurrently with the grading plan submittal so that all utilities are permitted at the
same time. It shall be noted that if the City has to do any emergency maintenance
on the private utility system, the City will not be held liable or responsible for any
damage. Costs incurred by the City for emergency maintenance may be charged
to the Single-Owner and/or HOA. Clear access to City meters and appropriate
access easement is required.
5. Curb stops will be required on all parking stalls and shall be shown on the grading
plans.
6. Fall protection fencing shall be required at the top of retaining walls and slopes as
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required by the California Building Code and PMC. Fall protection fencing shall be
shown on the grading plans.
7. 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.
8. Water Quality Control - Drainage and Flood Damage Prevention
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 conditions to the
satisfaction of the City project engineer.
9. Water Quality Control - Design and Construction
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 Final Storm Water
Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to
be submitted and approved. The applicant will be required to install approved trash
treatment control devices and include these facilities in the SWQMP.
a. Property owner shall execute an approved Storm Water Management Facilities
Maintenance Agreement (SWFMA) accepting responsibility for all structural
BMP maintenance, repair and replacement as outlined in the Operations and
Maintenance plan. The easement and operation and maintenance
requirements shall be binding on the land as outlined in Chapter 16.104 of the
PMC.
b. Provide one copy of each of the exhibits necessary for the SWFMA. Exhibits
shall include but are not limited to: Property and Easement Legal Descriptions,
Site Plan, and an Operation & Maintenance (O&M) plan in accordance with
Chapter 16.104 of the PMC.
c. Upon approval of the SWQMP, provide a PDF version.
10. Water Quality Control - Construction Storm Water Management Compliance
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).
11. 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.
12. The applicant shall pay the storm water pollution inspection fee according to the
latest adopted master fee schedule.
13. Following approval of the grading plans, posting of securities and fees, and receipt
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of four copies and one scan of the approved plans, the applicant shall attend a pre-
construction meeting at the Department of Development Services. The scheduling
request 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.
14. 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.
15. Construction staking is to be inspected by the Engineering Inspector prior to any
clearing, grubbing or grading. As 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.
16. If the disposal of groundwater is necessary during construction, a dewatering plan
shall be submitted for review and approval. 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 discharge of this wastewater into the sewer system 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.
17. Easements shall be dedicated or letters of permission from property owners and/or
easement holders shall be provided for any proposed work within properties or
easements not owned by or granted to the applicant.
(Planning)
18. 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
(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
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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.
19. 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 ensure compliance with the MBTA and relevant
California Fish and Game Code requirements. Monitoring dates and findings shall
be documented.
20. 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.
21. 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
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.
Resolution No. 20-091
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22. 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.
23. 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.
24. In accordance with Mitigation Measure CUT-7 of the PRSP EIR, a report shall be
prepared upon completion of monitoring services. The archaeological monitor,
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
Resolution No. 20-091
Page 14
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.
25. 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.
26. 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.
27. 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
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
Resolution No. 20-091
Page 15
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.
28. 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.
29. Label and dimension all surface improvements (e.g., walkways, patios, landscape
areas).
30. Show fencing, gates, and access to refuse areas and mechanical equipment,
including HVAC systems.
31. All refuse areas shall have a trash enclosure as applicable and provide for
recycling and compost bins (SB 1383). Refuse containers for residential uses
shall be stored outside the front yard setback area behind fences with gated
access.
32. 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.
33. All crosswalks and driveway entrances shall feature high-quality materials such
as pavers, cobblestone, or patterned, stained, and scored concrete. At least five
percent of the total area of any surface parking lot must be similar high-quality
materials. Special colored paving treatments shall be incorporated at strategic
locations along the Town Center internal street, all drive aisle crossings, and at
entry driveways.
34. Grades exceeding 12 percent shall be concrete with deep broom finish
perpendicular to the access driveway.
35. Landscape and irrigation plans shall be submitted 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
Resolution No. 20-091
Page 16
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. Calipers, heights, and spreads at 15-year maturity shall be specified on
the landscape plan and shall be to the satisfaction of the Development
Services Director.
b. The 5-foot proposed landscape strip along the southerly property line shall
include at a minimum every 10 feet a minimum one 15-gallon Strawberry
Tree, Carolina Laurel Cherry, Photonia Fraseri, and/or similar species
(screening trees) to obscure views from adjacent residents onto the project
and vice versa to the satisfaction of the Development Services Director.
c. A minimum of 10 percent of the net lot area shall be landscaped. Include
a note for this requirement and an area calculation on the landscape plan.
d. The site design and landscape materials should be low maintenance.
e. The landscaping plan shall incorporate a minimum one 24-inch box tree
for every 30 feet of frontage along the public right-of-way.
f. A minimum of one 15-gallon tree, per City specification, shall be provided
for every three parking spaces. Tree wells may be used to satisfy the
parking lot tree planting requirement. Said trees shall be located to provide
shade cover for the vehicles where practical.
g. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to
one (4:1).
h. Oaks proposed on-site are subject to tree preservation requirements.
i. The plans shall include shrubs to provide screening of the parking areas
as seen from adjacent public streets.
j. Special attention shall be given to provide landscaping that enhances the
intersection corners.
k. Please provide a small planter between the garages that can
accommodate a vine of a shrub. Such planter areas shall be located every
two or three garages per the approved plans stamped “Exhibit A” on file at
the Development Services Department.
l. The landscape plan for the quasi-public spaces shall reference at a
minimum the following features, including areas and heights, as shown in
the approved plans stamped “Exhibit A” on file at the Development
Services Department to the satisfaction of the Development Services
Director: water features, logs and boulders for sitting and climbing, play
structures, shade structures, benches, picnic tables, crawl-through tree
Resolution No. 20-091
Page 17
trunks, and game tables. There shall be at least one 24-inch box tree for
every 300 sf of quasi-public space area.
m. The removal of existing trees shall be replaced on-site with the planting of
a similar 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
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.
n. 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.
o. 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.
36. Per the incentives for the increased density and height allowances, a Deed
Covenant shall be prepared that the public open space shall be remain accessible
and useable by the public (i.e. no gate, wall, or other form of separation or
restriction of access) from the public Right-of-Way, and that future use of the
restaurant spaces identified in the approved plans stamped “Exhibit A” on file at
the Development Services Department shall be restricted to restaurant or similar
uses. The Deed Covenant shall be prepared to satisfaction of the Director of
Development Services.
37. An off-site parking and reciprocal access agreement between the property owners
Resolution No. 20-091
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of the Big ‘O’ parcel at 12947 Poway and the project site parcel shall be provided
for the 17 parking spaces that the Big ‘O’ parcel is providing for the project. This
agreement shall be prepared to the satisfaction of the Director of Development
Services.
38. The one-way drive aisle south of the Big ‘O’ building shall have directional
pavement and traffic signs as recommended by the Traffic Engineer.
39. Traffic signage including speed limits, parking restrictions, stop and yield signs etc.
shall be shown on the grading plans.
40. A minimum 42-inch high fence, with no greater than two-inch openings is required
adjacent to drops greater than 30 inches.
41. All freestanding and retaining walls shall be constructed with decorative blocks or
a finish consistent with the approved plans stamped “Exhibit A” on file at the
Development Services Department to the satisfaction of the Director of
Development Services.
42. Any railing on top of a retaining wall that provides fall protection and all
maintenance access gates in a freestanding wall must be constructed with
decorative materials to the satisfaction of the Director of Development Services.
43. The public pedestrian corridor through the site must have pedestrian scale light
fixtures. The light fixtures shall be consistent with other decorative lighting fixtures
within the project. Lighting shall be complementary to the intended style/theme.
Decorative lighting shall be provided at all entries. Lighting shall comply with PMC
Section 17.08.220(L) except as otherwise noted herein. Parking lots, walkways
and public plazas and open space areas shall be well lit for visibility and safety.
44. All utility connections shall be designed to coordinate with the architectural
elements of the site so as not to be exposed except where necessary. Pad-
mounted transformers and/or meter box locations shall be included in the site plan
with any appropriate screening treatment.
I. Prior to building permit issuance, unless other timing is indicated, the following conditions
shall be complied with:
(Engineering)
1. The final map shall be recorded and accepted by the City.
2. Condo maps shall be recorded prior to building permit issuance.
3. The site shall be developed in accordance with the approved grading plans on file
with the Development Services Department and the conditions contained herein.
Grading shall be in accordance with the California Building Code, the City Grading
Ordinance, the approved grading plan, the approved soils report, and grading
practices acceptable to the City.
4. Erosion control shall be installed and maintained by the developer from October 1
Resolution No. 20-091
Page 19
to April 30. The developer shall maintain all erosion control devices throughout
their intended life.
5. 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.Twocopies of certification of line and grade for the lot, prepared by the
engineer of work.
b. Two 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 by the City
Engineer.
6. 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.
7. The applicant shall pay all applicable development impact fees in effect at time of
permit issuance
(Planning)
8. Public street improvements shall be required (reference PRSP Chapter 5 and
PMC 15.06.030) along Poway Road fronting the project consistent with the PRSP
Chapter 5 Design Guidelines for Public Space and PMC 15.06.030 for all property
frontages to the satisfaction of the Director of Development Services. This
includes ADA compliant sidewalk transitions, 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 (three racks total),
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. The public street improvements shall be secured or installed prior
to issuance of any building permits.
9. The quasi-public space shall be improved and maintained by the Single-Owner
or HOA. 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 sf of surface area. The quasi-public space shall feature at a
minimum the following features as shown in the approved plans stamped “Exhibit
A” on file in the Development Services Department: water feature, logs and
Resolution No. 20-091
Page 20
boulders for sitting and climbing, a play structure, a shade structure, picnic tables,
a crawl-through tree trunk, adequate pedestrian-scale and area lighting, and
game tables. The quasi-public space improvements shall be installed prior to
building permit final (certificate of occupancy). Public seating shall be provided
by the rate required by the PRSP (1 seat per 100 sf of open space). A drinking
fountain and at least one trash and recycling receptacle shall be provided at each
plaza. The 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. Art shall be in compliance with design
standards in Chapter 4.10 and 5.6 of PRSP.
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.
10. Commercial bicycle parking shall be provided at the rate of five percent of the
commercial automobile parking requirement. Bicycle racks shall be located within
100 feet of a visitor entrance and readily visible to passers-by, preferably near
building entrances and plazas.
11. The project shall feature ADA compliant ramps, stairways, and elevators. ADA
access shall be provided to all project features, including the dog park, bus
shelter, quasi-public and private open space, residential building entrances, and
to the commercial components of the project. A separate ADA path of travel
exhibit shall be submitted with the Building plans.
12. All architectural details shown on the approved plans stamped “Exhibit A” on file
at the Development Services Department 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 plans will require a DR
revision and City Council approval as determined by the Director of Development
Services.
13. 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.
A photometric analysis shall be provided after lighting installations to restrict light
trespass and limit glare onto the adjacent public roads and onto existing
neighboring properties to the satisfaction of the Director of Development Services.
14. The dog run shall be open to the public and have a non-restricted entrance.
Signage restricting access to the dog run by the public is prohibited.
Resolution No. 20-091
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15. 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 the proposed Mansard Roof screen wall.
16. All residential units shall feature an interior bicycle rack area. If a unit has a garage,
ceiling mounted bicycle parking sufficient for two bicycles shall be provided in the
garage. Ceiling mounted storage racks, minimum 50 sf, shall be provided in each
garage. Storage in corridors and assigned to units shall be consistent with the
approved plans stamped “Exhibit A” on file with the Development Services
Department.
17. Exterior building materials and finishes shall reflect the approved elevations on the
approved plans stamped “Exhibit A” on file with the Development Services
Department and the conditions of approval, and shall be noted on the building
plans, to the satisfaction of the Director of Development Services.
18. Demolition of existing structures shall include investigations for lead and asbestos
with appropriate mitigations prepared by certified professionals.
19. In accordance with Mitigation Measure GHG-1, the installation of wood-burning
devices such as fireplaces, stoves and heaters shall be prohibited.
20. Electrical charging stations shall be provided at the rate required by the California
Green Code.
21. The applicant shall pay the affordable housing in-lieu fee in effect at time of permit
issuance.
22. Show building heights for the ground floor commercial shall provide 14-foot high
interior clearance.
23. Ground mounted utility equipment shall be screened.
24. The building plans shall show all trash enclosures. The trash enclosures shall be
adequately sized to contain the following waste streams: recyclables, organic
waste, and trash. The trash enclosures shall also be sized to allow the City’s
exclusive franchise solid waste disposal company (EDCO) to adequately access
the bins. The applicant shall contact EDCO to verify locations, correct bin sizes,
and trash enclosure size. The trash enclosure shall sufficiently screen all the bins
and be consistent with the design of the development.
(Building)
25. The development shall comply with the current addition of the California Building
Code, California Plumbing Code, California Mechanical Code, California Electrical
Code, California Residential Code, California Fire Code, California Energy Code
and California Green Code at time of submittal to the Building Division. All
development shall comply with state structural calculations and seismic safety
Resolution No. 20-091
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requirements.
(Sheriff’s Crime Prevention)
26. Upon issuance of permits for grading, the applicant shall post and maintain
adequate “no trespassing,” signage on the properties, as well as file and maintain
a current “Trespass Arrest Authorization form” with the Poway Sheriff Station, in
order to allow for enforcement of unlawful access. During active construction, all
work locations shall be adequately secured from access.
27. During active construction, all work locations are encouraged to add security
cameras to maintain safety and security of the property during non-working hours
to the satisfaction of the Sheriff’s Crime Prevention Officer. Construction shall
maintain an active list of all tools with make, model and serial number in case thefts
occur after hours. Construction shall also consider adding engravings to declare
ownership of tools or other materials.
28. The project shall be constructed according to Crime Free Multi-Housing standards.
29. The project shall create Neighborhood Watch and a Business Watch programs.
J. Prior to occupancy, unless other timing is indicated, the following conditions shall be
complied with:
(Engineering)
1. The public improvements shall be installed and completed.
2. The driveway entrances along Poway Road will be required to provide enough
clearance to prevent cars from bottoming out. This will also be applicable to the
vertical curve at the bottom of the driveway that is to be used for the internal street.
3. All existing and proposed utilities or extension of utilities required to serve the
project shall be installed underground. No extension of overhead utilities shall be
permitted.
4. 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. All new utility services shall be placed
underground.
5. 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.
6. The stormwater facilities shall be complete and operational.
7. The applicant shall repair, to the satisfaction of the City Engineer, any and all
damages to public and/or private improvements caused by construction activity
from this project.
Resolution No. 20-091
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8. All applicable easement dedications and maintenance agreements are to
be recorded.
9.Two copies of 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 (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.
(Planning)
10. 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.
11. Landscape, irrigation and exterior site amenities shall be installed prior to building
permit final (certificate of occupancy) 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.
12. A Comprehensive Sign Program (CSP) for the Site, including the signage criteria
for future commercial tenants, shall be submitted to the City and approved to the
satisfaction of the Director of Development Services within four months of final
approval of the first building. With the exception of commercial tenant signage, all
other project signage shall be finaled prior to occupancy. A phasing plan for the
project signage installation may be approved to the satisfaction of the
Development Service Director. The project shall have an on-site wayfinding sign
program. On-site signs shall clearly direct drivers and pedestrians into and out of
parking areas and to the shopping areas and plazas and include lighted directories.
The installation of signs shall be under a separate Sign Permit.
13. Signage shall be installed to distinguish which areas on the site are open to the
public.
K. The following requirements shall be completed or maintained to the satisfaction of the
Director of Public Works:
1. 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 Single-Owner or
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
Resolution No. 20-091
Page 24
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. Abandon unused sewer laterals at the sewer main (at the “Y”).
4. All onsite sewer mains shall have property line cleanouts installed at edge of Right-
of-Way on Poway Road or Carriage Road. The Sewer main for this project shall
be designated as private, not public.
5. Prior to occupancy, a private Sewer Maintenance Agreement shall be notarized
and recorded for the future repair and rehabilitation of the proposed private sewer.
The City will provide the template for the agreement.
6. Prior to occupancy, 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 Single-Owner or HOA and incorporated into the CC&Rs,
if applicable to the satisfaction of the Director of Development Services and City
Engineer.
L. The following requirements shall be completed to the satisfaction of the Director of the
Fire Department:
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 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 by the City.
3. 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.
4. The project shall be accessible to Fire Department apparatus by way of access
roads shall have an unobstructed, improved width of not less than 20 feet. In most
cases, the City of Poway construction standards for streets (Chapter 12.20 PMC)
will be more restrictive. The more restrictive standard shall apply. Fire apparatus
Resolution No. 20-091
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access roads shall be designed and maintained to support the imposed loads of
fire apparatus not less than 75,000 pounds unless authorized by the FAHJ and
shall be provided with an approved paved surface as to provide all-weather driving
capabilities. A paved driving surface shall mean asphalt, concrete, or permeable
paving system.
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. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire
apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus not less than 75,000 pounds unless authorized by the FAHJ
and shall be provided with an approved paved surface as to provide all-weather
driving capabilities. A paved driving surface shall mean asphalt, concrete, or
permeable paving system. 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.
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 manner, including the parking of vehicles. A minimum of 20-feet 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.
9. 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. Grades exceeding 10 percent shall be
constructed of asphalt or PCC. Permeable paver systems shall not be used for
grades exceeding 10 percent. The fire code official may require additional
mitigation measures where he or she deems appropriate.
10. The angle of departure and the angle of approach of a fire access roadway shall
not exceed 7-degrees (12-percent) or as approved by the fire code official.
11. 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.
12. 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.
13. 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 receive Specific Plan approval.
Resolution No. 20-091
Page 26
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.
14. 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.
15. 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.
16. The entire water system for the project shall be looped. The addition of on-site fire
hydrants is required. Fire hydrants shall be located within 400 feet of any portion
of the facility or buildings, with spacing between hydrants not to exceed 400 feet,
as measured by an approved route of travel that a fire engine would travel. The
Fire Marshal shall approve the location of all fire hydrants.
17. A water systems analysis will be required to establish available fire flow. The
required fire flow shall be according to Appendix B of the 2019 California Fire Code
and approved by the City. The water supply system will require approved
improvements to include the addition of water mains and fire hydrants as
determined and approved by the Fire Department and City Engineer.
18. Water main sizes and fire hydrant locations are conceptual only and shall be
reviewed and approved by a separate plan submittal to the City of Poway.
Reduced Pressure Detector Assemblies (RPDA) shall be used with the private fire
service water main. All fire hydrants and backflow preventer devices (RPDA)
installed in the City of Poway shall be per the City of Poway approved material list
and current Supplemental Engineering Standards.
19. Fire protection systems and details are conceptual only and shall be reviewed and
approved by separate plan submittal to the fire department. The fire department
will review and inspect the backflow preventer devices (RPDA), fire sprinkler
underground service, fire sprinkler systems, fire alarm systems, kitchen hood and
duct systems, and any alternative fire suppression systems. The City of Poway,
Development Services Division will review and inspect the private fire service
water main and fire hydrants.
Resolution No. 20-091
Page 27
20. All buildings are required to be equipped with an approved fire sprinkler system
according to PMC requirements. The fire sprinkler system shall be designed to
meet minimum design density at the roof per NFPA 13 requirements for all non-
residential areas. The fire sprinkler system installed in the residential occupancies
shall meet NFPA13R requirements. All systems are required to be monitored by
a U.L. listed central station monitoring company. Backflow valve assemblies with
tamper switches shall be monitored. The City Fire Marshal shall approve the
location of these fire protection devices prior to installation. A separate submittal,
with applicable fees, for the underground fire service lateral connected to each
separate fire sprinkler riser system is required. A separate plan submittal, with
applicable fees, for each, separate building’s fire sprinkler system design is
required. Separate fees for plan check and inspection services will be charged by
the Fire Department upon submittal.
21. All four-story buildings are required to be equipped with an approved Class 1
automatic wet standpipe system according to CFC and PMC requirements. The
standpipe system shall be installed according to NFPA 14. A separate plan
submittal, with applicable fees, for each, separate building’s Class 1 automatic wet
standpipe 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 (25 mm) 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.
RPDA and FDC shall have approved address signage.
24. All buildings are required to be equipped with an approved automatic fire alarm
system in accordance with the CFC. 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 hood and duct extinguishing system shall be installed for all commercial cooking
facilities within a kitchen area. A plan submittal to the fire department is required
prior to installation.
26. A ‘Knox’ Security Key Box shall be required for each building at locations
determined by the City Fire Marshal.
27. If an elevator is installed in a building, at least one shall be sized to accommodate
a normal ambulance gurney. Minimum dimensions for the inside car platform shall
meet the “Medical” size standards per the California Building Code.
28. Smoke alarms shall be installed in all residential bedrooms and adjoining hallways.
The smoke alarms shall be hard-wired, with a battery backup, and shall be
Resolution No. 20-091
Page 28
interconnected in such a manner that if one detector activates, all detectors
activate.
Carbon monoxide alarms shall be installed in residential hallways adjoining
bedrooms. The carbon monoxide alarms shall be hard-wired, with a battery
backup, and shall be interconnected in such a manner that if one detector
activates, all detectors activate.
M. 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:
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. The ground-floor 11,364 square-foot retail and restaurant space shall be limited to
commercial uses permitted within the underlying zone to the satisfaction of the
Director of Development Services. The community benefits for the project include
a “restaurant row” that includes two restaurants on-site. These community benefits
must remain in place unless an alternative community benefit is provided and
approved by City Council. The combined seating for the two restaurant uses shall
maintain a minimum interior seating capacity of 80 persons.
4. Outdoor dining furniture shall comply with the following:
a. Furniture and fixtures should be of high quality, aesthetically appealing,
durable, and of sturdy construction, able to withstand strong winds without
falling over.
b. Maintain outdoor furniture at all times and ensure it is free of fading,
corrosion, splinters, dents, tears, and chipped paint.
c. Prohibited furniture includes flimsy plastic tables and chairs, unfinished
wooden materials, and sofas.
d. Do not store outdoor dining furniture in the public-right-of-way overnight.
e. Seating should contribute to an inviting atmosphere that encourages
outdoor dining.
5. Covenants, Conditions and Restrictions (CC&Rs) or other agreement approved by
the City 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
Resolution No. 20-091
Page 29
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 homeowner’s association (HOA) with maintenance
responsibilities is required, unless project site is under single ownership
(Single-Owner herein).
b. All uncovered parking spaces shall remain unassigned and open to use by
the residents, guests, retail customers and quasi-public plaza visitors.
c. 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.
d. 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 or Single-Owner budget.
e. The CC&Rs shall include on-going maintenance of landscaping and
irrigation (private and within public right-of-way) of parkways, the public
open space areas as illustrated on approved landscape and irrigation plans
on file at the Development Services Department. A copy of these plans
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 the irrigation mainline
upon private property only, as required by the City. The HOA or Single-
Owner 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
Resolution No. 20-091
Page 30
more than 25 percent of the trees' leaf surface.
f. 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.
g. Immediate removal of graffiti and any other type of offensive debris is
required.
h. 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.
i. All garage doors shall be automatic roll-up type doors and equipped with
remote control devices.
j. All garages shall be available for required off-street parking. The minimum
size of a garage shall be 10-foot-wide by 20-foot-deep interior clear space.
Minor projections are permissible into this space where it can be found that
the projections would not hinder the placement of a vehicle within the area.
k. No parking is permitted within the Town Center interior street, drive aisles,
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.
l. No on-site parking spaces that are not within a garage shall be assigned.
m. Maintain the drainage facilities and any access easements (where they
occur) on the property.
n. 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.
o. The property shall comply with all performance standards relating to the
generation of noise, glare, dust, and odor.
p. 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.
q. 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:
i. An all-weather road surface shall be maintained.
Resolution No. 20-091
Page 31
ii. Road shall support imposed loads of fire apparatus at 75,000
pounds.
iii. 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.
r. Wood burning devices are prohibited.
s. 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.
t. All trash and recycling receptacles are prohibited in parking areas,
including covered parking areas, and are required to be within the individual
residences of the proposed planned development at all times, except
where sufficient trash enclosures are provided.
u. 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.
v. The use of barbed wire or razor ribbon on any fences, gates, or walls is
prohibited.
w. 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.
x. All private and quasi-public open space areas shall be well maintained at
all times (e.g., bike racks, barbeques, tables, landscape, signage, and
public art features).
Resolution No. 20-091
Page 32
y. All gates and fences on the properties shall be regularly maintained,
secured and repaired. All gates granting access to City utility easements
shall be maintained and accessible to City of Poway staff with use of a City
approved padlock, issued or placed by Poway’s Public Works Department.
z. New swimming pools shall be covered when not actively in use as required
by the California Energy Code.
aa. All swimming pools shall be adequately secured from access and
maintained in a safe condition. Inspection staff employed with the County
of San Diego Vector Control Division shall be granted regular access to
inspect swimming pools and landscaping ponds on the properties as
needed or investigate other vermin/vector related concerns on the
properties.
bb. Signs prohibiting recreational vehicles or trailers shall be posted within
parking areas. Signs shall indicate the consequences of violating the
statute (towing, fines or citations), as well as the tow company's phone
number.
cc. The CC&Rs shall clearly establish the responsibilities of the individual
homeowners and the HOA or Single-Owner with regard to the continuing
maintenance and preservation of the project.
dd. 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 homeowners fail
or refuse to maintain said facilities.
ee. Amendments to the CC&Rs that affect any requirement of this resolution
shall require express written consent of the City.
ff. The quasi-public open space areas shall be well maintained at all times
(e.g., bike racks, water feature, shade structure, play equipment, game
tables, landscape, signage, and public art features).
SECTION 8:The approval of TTM20-003and DR20-002shall expire December 1, 2022,
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.
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