Covenant Regarding Real Property 1990-528616
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90-528616
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RECORDING REQUEST BY: )
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CITY OF POWAY )
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WHEN RECORDED MAIL TO: )
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CITY CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
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No Transfer Tax Due )
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(This space for Recorder's use)
COVENANT REGARDING REAL PROPERTY
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Saint John of Oamascus Orthodox Church, a California Corporation ("OWNER"
hereinafter) is the owner of real property described in Exhibit A which is
attached hereto and made a part hereof and which is commonly known as Assessor's
Parcel Number 273-820-09 ("PROPERTY" hereinafter). In consideration of the
approval of modification to County Use Permit P77-71 and Development Review
90-04 by the City of Poway ("CITY" herei nafter), OWNER hereby covenants and
agrees for the benefit of the CITY, to abide by conditions of the attached reso-
lution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event that P77-71M and Development Review 90-04 expire or are
rescinded by City Council at the request of the OWNER, CITY shall expunge this
Covenant from the record title of the PROPERTY.
If either party is required to incur costs to enforce the provisions of this
Covenant, the prevailing party shall be entitled to full reimbursement of all
costs, including reasonable attorneys' fees, from the other party. The CITY may
assign to persons impacted by the performance of this Covenant the right to
::::::' '::;.:"::' :~:" OWNER. ;;2 ~ tj'~ /?~
, OWNER
(Notarize)
Dated:
;aYM/A'8;I9?t'J
CITY OF POWAY
By ~/~
(No need to Notarize)
490
DER NO. 1004390-14
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 1 IN SECTION 26, TOWNSHIP 13, SOUTH, RANGE 2
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
APRIL 22, 1876, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26, AS SHOWN ON
RECORD OF SURVEY MAP NO. 3582, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1955; THENCE ALONG THE
NORTHERLY LINE OF SAID SECTION 26, NORTH 88045'59" WEST, 672.44 FEET
TO THE NORTHWEST CORNER OF LAND DESCRIBED UNDER PARCEL 2 IN DEED TO
FRANCIS C. DARBY, ET UX, RECORDED SEPTEMBER 12, 1958 IN BOOK 7252,
PAGE 450 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID
DARBY'S LAND, SOUTH 01"14'00" WEST TO A POINT DISTANT THEREON NORTH
OIo14'00" EAST, 360.00 FEET FROM THE INTERSECTION OF SAID WESTERLY
LINE WITH THE NORTHEASTERLY LINE OF COUNTY ROAD SURVEY NO. 1673
(KNOWN AS ESPOLA ROAD) AS DESCRIBED IN DEED TO THE COUNTY OF SAN
DIEGO, RECORDED FEBRUARY 19, 1962 AS FILE NO. 28925; SAID POINT BEING
ALSO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE
WESTERLY LINE OF SAID DARBY'S LAND, SOUTH 01014'00" WEST, 360.00 FEET
TO THE NORTHEASTERLY LINE OF SAID ESPOLA ROAD, BEING A POINT ON THE
ARC OF 1170.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, IN SAID
NORTHEASTERLY LINE; THENCE ALONG SAID NORTHEASTERLY LINE,
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 200.00 FEET
TO A POINT HEREIN DESIGNATED AS POINT "A"; THENCE CONTINUING ALONG
SAID NORTHEASTERLY LINE, NORTHWESTERLY. ALONG THE ARC OF SAID CURVE,
350.00 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE WESTERLY 56.00
FEET OF SAID LOT 1; THENCE ALONG SAID EASTERLY LINE, NORTH 13016'21"
EAST, 30.00 FEET; THENCE EASTERLY IN A STRAIGHT LINE TO THE
INTERSECTION OF THE NORTHERLY TERMINUS OF A STRAIGHT LINE WHICH BEARS
NORTHERLY A DISTANCE OF 248.00 FEET FROM SAID POINT "A" WITH THE
WESTERLY TERMINUS OF A STRAIGHT LINE WHICH BEARS WESTERLY A DISTANCE
OF 140.00 FEET FROM THE TRUE POINT OF BEGINNING; THENCE EASTERLY IN A
STRAIGHT LINE, 140.00 FEET TO THE TRUE POINT OF BEGINNING.
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* State of.
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County of
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On this the day of
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19 _' before 100, *
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the undersigned Notary Public, perSOnally appeared
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On this the day of 19 _' before 100, *
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the undersigned Notary Public, personally appeared
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument
on behalf of the partnership, and acknowledged to me that
the partnership executed it.
WITNESS my hand and official seal.
State of
CALTFORNIA
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On this the 18TH day of SEPTEMBER 19 W-, before me,
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SAN DIEGO
OFFICIAL SEAL
'. YOLANDA M. SHERMAN
NOTARY PUBLIC. CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Exp, November 12. 1993
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the undersigned Notary Public, personally appeared
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ALEXANDER D. FEnE~OFF-PA~TOR
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personally knOWn to me
IX! proved to me on the basis of satisfactory evidence to
'Ee the person(s) who executed the within instrunent as
ALEXANDER FEDEROFF-PASTOR or on behalf of the corporation
therein named, and acknowledged to me that the corporation
executed it.
WI'rnESS my hand and official seal.
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RESOLUTION NO. P-90-64
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MODIFICATION OF COUNTY USE PERMIT 77-71
AND DEVELOPMENT REVIEW 90-04
ASSESSOR'S PARCEL NUMBER 273-820-09
WHEREAS, County Use Pennit 77-71M and Development Review 90-04 submitted by
St. John of Damascus Orthodox Church, applicant, requests approval for construc-
tion of a new 3.870 square foot sanctuary and additional parking lot at 16903
Espola Road in the RR-c zone; and
WHEREAS, on AU9ust 28, 1990, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
The City Council finds that this project will not have a significant adverse
impact on the environment and-hereby issues a Negative Declaration.
Section 2: Findings:
County Use Permit 77-71M
1. That the location, size, design, and operating characteristics of the
proposed use will be compatible with and will not adversely affect or
be material.ly detrimental to adjacent uses, residents, buildings,
structures, or natural resources. The church has operated at this
location for years in a manner compatible with the surrounding residen-
tial neighborhood. Existing church uses adjoin the site on east and
west. The new sanctuary is separated from nearby residential develop-
ment by existing church buildings and streets.
2. That the scale, bulk, coverage, and density is consistent with adjacent
uses, in that all development standards of the Zoning Development Code
have been met. The project will meet the applicable property develop-
ment standards for off-street parking, setbacks, lot coverage, and
building height.
3. That there are available public facilities, services, and utilities to
serve the proposed use in that two EOUs of sewer capacity have been
allocated to the project and all facilities and services can be pro-
vided for through the conditions of approval.
4. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the physical separation between residential and
church uses will be adequate.
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5.
That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element in that a
condition of approval will require the payment of Traffic Mitigation
Fees and the construction of an expanded off-street parking lot for
church services and activities.
6. That the site is suitable for the type and intensity of use and devel-
opment proposed in that the property is located between two other
churches and the proposed parking and sanctuary will be buffered from
adjacent homes to the north.
7. That there will not be significant harmful effects upon the environmen-
tal quality and natural resources in that this site has been previously
graded and developed and native vegetation and habitat no longer exist
on the site.
8. That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
9. That the impacts, as described above, and the location of the proposed
use will not adversely affect the City of Poway General plan for future
as well as present development in that the General Plan allows church
uses in rural residential zones subject to approval of a conditional
use permit.
Development Review 90-04
1. That the proposed development is in conformance with the poway General
Plan, which permits churches in rural residential zones subject to
approval of a conditional use permit.
2. That the proposed development wi,] I not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining prop-
erties, as noted under the findings in the preceding section.
3. That the proposed development is in compliance with the Zoning
Ordinance, in that all development standards of the RR-c zone as well
as the special standards applicable to semi-public uses will be met in
development of the project.
4. The proposed development encourages the orderly and harmonious
appearance of structures and property within the City because it
complies with the design guidelines of the General Plan.
Section 3: City Council Decision:
County Use Permit 77-71M and Development Review'90-04 for which plans
are on file in the Planning Services Department, are hereby approved subject
to the following conditions:
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Resolution No. P-90-64
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1. Within 30 days of approval: (1) The applicant shall submit in writing
that all conditions of approval have been read and understood; and (2)
the property owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Plannin9 Services Department and the conditions contained herein.
2. Approval of this request shall not waive compliance with all sections of the
Zoning Development Code and all other applicable City Ordinances in effect
at the t~~~_~f building permit issuance.
3. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
4. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbin9 Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
5. The site plan shall be revised to show that a solid wood fence or decorative
wall with a minimum height of 42 inches will be provided alon9 the northern
boundary of the parking area in order to screen headlights. The fence or
wall must be offset a minimum of five feet from the proposed retaining wall.
6. All retaining walls on site shall be constructed of split face or slump
stone block.
7. Trash receptacle shall be enclosed by a six foot high masonry wall with
view-obstructing gates pursuant to City standards. Location shall be sub-
ject to approval by the Planning Services Department.
8. Revised site plans and floor plans incorporating all conditions of approval
shall be submitted to the Planning Services Department prior to issuance of
building permits.
9. All roof appurtenances, including air conditioners, shall be architecturally
Integrated, shielded from view and sound buffered from adjacent properties
and streets as required by the Planning Services Department.
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Resolution No. P-90-64
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10. For the development, the applicant shall pay development fees at the
established rate. Such fees may include, but not be limited to: Permit and
Plan Checking Fees, Landscape Plan Check Fees, Traffic Mitigation Fees,
Water and Sewer Service Fees. These fees shall be paid prior to building
permit issuance.
11. The use conditionally granted by this permit shall not be conducted in such
a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and semi-public uses.
PARKING AND VEHICULAR ACCESS
1. The site plan shall be revised to provide a minimum of four bicycle parking
spaces.
2. All parking lot landscaping shall consist of a minimum of one 15 gallon size
tree for every three parking spaces. For parking lot islands, a minimum 12
inch wide walk adjacent to parking stalls shall be provided and be separated
from vehicular areas by a six inch high, six inch wide portland concrete
cement curbing.
3. Parking lot lights shall be low pressure sodium and have a maximum height of
18 feet from the finished grade of the parking surface and be directed away
from all property lines, adjacent streets and residences.
4. All two-way traffic aisles shall be a minimum of 25 feet wide and emergency
access shall be provided, maintained free and clear, a minimum of 24 feet
wide at all times during construction in accordance with Safety Services
Department requirements.
5. All parking spaces shall be double striped.
LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to and approved
by the Planning Services Department prior to the issuance of building per-
mi ts.
2. The portion of Espola Road to be vacated shall be fully landscaped with
ground cover, shrubs, and trees.
3. Existing on-site trees shall be retained wherever possible and shall be
trimmed andfor topped. Dead, decaying or potentially dangerous trees shall
be approved for removal at the discretion of the Planning Services
Department during the review of the Master Plan of existing on-site trees.
Those trees which are approved for removal shall be replaced on a tree-for-
tree basis as required by the Planning Services Department.
4. Fifteen gallon trees, 20 feet on center and shrubbery shall be installed and
.maintained along the northern edge of the parking lot in a five foot wide,
raised landscape planter to provide a dense landscape screen.
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Resolution No. P-90-64
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5. All landscaped areas shall be maintained in a healthy and thriving con-
dition, free from weeds, trash, and debris.
6. All landscape plans and landscape development will conform to the City of
Poway Guidelines to Landscape Development and City of Poway Landscape
Standards, and shall be prepared by either a licensed landscape architect or
building architect.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT REGAROING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
BUilding Code, City Grading Ordinance, approved grading plan and geotech-
nical report, and accepted grading practices.
2. The grading plan shall contain a certificate signed by a registered civil
engineer that the grading plan has preserved a minimum of 100 square feet of
solar access for each structure and for each future building site within
the development..
3. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work at first submittal of a grading
plan.
4. A geological -report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
5. The final grading plan shall be subject to review and approval by the
Planning Services and Engineering Services Department and shall be completed
prior to issuance of building permit.
6. A pre-blast survey of surrounding property shall be conducted to the satis-
faction of the City Engineer prior to any rock blasting. Seismic recordings
shall be taken for all blasting and blasting shall occur only at locations
and levels approved by the City Engineer.
STREETS AND SIDEWALKS
1. Developer shall install half-width street improvements to Old Espola Road
along the property's frontage. Said half-width ~mprovements shall be a
minimum of AC pavement with concrete curb, gutter, and sidewalk on the
easterly side.
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Resolution
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No. P-90-64
Developer shall process through the City's Engineering Services Department
street vacations on both Espola Road and Old Espola Road. Espola Road shall
be vacated to ten feet from face of curb and any access right-of-way alon9
Old Espola Road shall be vacated to the ultimate right-of-way width.
3. The driveway approach on Espola Road shall be constructed as an alley apron
approach in accordance with San Diego Regional Standard Drawing G-17.
2.
4. The easterly driveway access to the development shall be realigned and
constructed perpendicular to the existing private driveway.
5. Developer shall supply the City of poway with a copy of the recorded ease-
ment providing access to the development from the easterly private driveway.
6. All damaged off-site public works facilities, inCluding parkway trees, shall
be repaired or replaced prior to exoneration of bonds and improvements, to
the satisfaction of the Department of Engineering Services.
7. Prior to any work being performed in the public right-of-way, a right-of-way
permit shall be obtained from the Engineering Services office and
appropriate fees paid, in addition to any other permits required.
8. Sidewalks 4.5 feet in width shall be required on one side of Espola Road
(north side) and Old Espola Road (east side).
9. Reciprocal access and maintenance andfor agreements shall be provided
insuring access to all parcels over private roads, drives or parking areas
and maintenance thereof to the satisfaction of the Director of Engineering
Services.
10. Street striping and signing shall be installed to the satisfaction of the
Director of Engineering Services. Identification of signs shall be shown on
street improvement plans.
11. All street structural sections shall be submitted to, and approved by the
Director of Engineering Services.
12. Street improvement plans prepared on standard size sheets by a Registered
Civil Engineer shall be submitted for approval by the Director of
Engineering Services. Plan check and inspection expenses shall be paid by
the developer.
13. All exterior street improvements shall be constructed prior to issuance of
building permits, to the satisfaction of the Director of Engineerin9
Services.
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2. Utility easements shall be provided to the specification of the serving util-
ity companies and the Director of Engineering Services.
3. The developer shall be responsible for the relocation and undergrounding of
existing public utilities,_as required.
4 Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of poway and the Health
Department of the County of San Diego.
5. The applicant shall, within 30 days after receiving approval of the con-
ditional use permit and development review, apply for a Letter of
Availability (LOA) to reserve sewerage availability and post with the City,
a nonrefundable reservation fee equal to 20% of the appropriate sewerage
connection fee in effect at the time the LOA is issued.
6. Developer shall construct a light system conforming to City of poway
Standards at no cost to the public, subject to the following:
a. Cut-off luminaries shall be installed which will provide true 90 degree
cutoff and prevent projection of light above the horizontal from the
lowest point of the lamp or light emitting refractor or device.
b. All fixtures shall use a clear, low pressure sodium vapor light
source.
c. Advance energy charges and District engineering charges shall be paid
by the developer.
d. Annexation to the lighting district shall be accomplished and evidence
of annexation shall be accomplished at the time of final inspection or
certificate of occupancy, whichever occurs later.
APPLICANT SHALL CONTACT THE SAFETY SERVICES DEPARTMENT REGAROING COMPLIANCE WITH-
THE FOLLOWING CONDITIONS:
1. Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 for fire retardant roof
2. Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast with their background. Minimum
he1ght of address numbers shall be four 1nches. Address may be required at
private driveway entrances.
3. Building addresses shall also be displayed on the roof in a manner satisfac-
tory to the Director of Safety Services.
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Resolution No. P-90-64
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14. Street improvements that include, but are not 1 imi ted to:
X a. Sidewalks X e. Cross gutter
X b. Driveways f. All ey 9utter
X c. Wheel chair ramps X g. Street paving
X d. Curb and gutter h. Alley pavi n9
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shall be constructed prior to the occupancy of the building to the satisfac-
tion of the Director of Engineering Services.
15. Street improvements and maintenance shall be made in accordance with City
Ordinance standards for Dedicated rural streets Old Espola Road (per City
Code Section 12.20.090).
16. The developer shall pay the Traffic Mitigation Fee at the established rate
at the date the final inspection or the date the .certificate of Occupancy is
issued, whichever occurs later, however, a security deposit shall be posted
with the City's Engineering Services Department prior to building permit
issuance.
DRAINAGE ANO FLOOD CONTROL
1. Intersection drains will be required at locations specified by the Director
of Engineering Services and in accordance with standard engineering prac-
tices.
2. A drainage system capable of handlin9 and disposing of all surface water
originating within the development, and all surface waters that may flow
onto the development from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as required by the
Director of Engineering Services to properly handle the drainage.
3. Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
4. The Master Plan of Drainage Fee shall be paid at the established rate in
accordance with the Orainage Ordinance at the date of final inspection or
at the date the certificate of occupancy is issued, whichever occurs later.
However, a security deposit shall be posted with the City's Engineering
Services Department prior to building permit issuance.
5. Concentrated flows across driveways andfor sidewalks shall not be permitted.
UTILITIES
1. All proposed utilities within the project shall be installed underground
including existing utilities along Circulation Element roads andfor highways
less than 34.5 KV.
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4. The buildings will be required to install an approved fire sprinkler system.
The entire system is to be monitored by a central monitoring agency. A
system post indicator valve with tamper switch, also monitored, is to be
located by the City Fire Marshal prior to installation.
5. The addition of on-site fire hydrants is required. The location of the
hydrants shall be determined by the City Fire Marshal.
6. Approved Fire Department access roadsffire lanes shall be provided with
appropriate signs and curb markings to the satisfaction of the City Fire
Marsha 1.
7. A Knox security box shall be provided for the building and Knox Lock for the
fire system post indicator valve.
8. A fire alarm system shall be provided as necessary for the occupancyfuse of
the building.
GENERAL REQUIREMENTS AND APPROVALS
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If building permits have not been issued, the conditional use pennit and
development review shall expire on August 28, 1992.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 28th day of August, 1990.
ATTEST:
C:-';
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Don Higginson, M~yor
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Resolution No. P- 90-64
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STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. P-90-64 ,was
duly adopted by the City Council at a meeting of said City Council held on the
28th day of Auqust , 1990, and that it was so adopted by the following
vote:
AYES: BRANNON, EMERY, GOLDSMITH, KRUSE
NOES: NONE
ABSTAIN: HIGGINSON
ABSENT: NONE
RfR-8-28.9-18
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Marjorie ~. Wahlsten, City Clerk
City 01'; Poway
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