Covenant Regarding Real Property 1990-492580
378
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RECORDING REQUEST BY:
CITY OF POWAY
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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WHEN RECORDED MAIL TO:
No Transfer Tax Due
(Th1s space for Recorder's use)
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COVENANT REGARDING REAL PROPERTY
Poway Creeks1de Partners ("OWNER" here1nafter) 1s the owner of real property
descr1bed 1n Exh1b1t A wh1ch 1s attached hereto and made a part hereof and wh1ch
1s corrmonly known as Assessor's Parcel Number 317-480-11 ("PROPERTY"
here1nafter). In cons1derat1on of the approval of Spec1f1c Plan 89-04 and
Development Rev1ew 89-15 by the Cay of Poway ("CITY" here1nafter), OWNER hereby
covenants and agrees for the benef1t of the CITY, to ab1de by cond1t1ons of the
attached resolut1on (Exh1b1t B).
Th1s Covenant shall run w1th the land and be b1nd1ng upon and 1nure to the
benef1t of the future owners, encumbrancers, successors, he1rs, personal
representat1ves, transferees and ass1gns of the respect1ve part1es.
In the event that Spec1f1c Plan 89-04 and Development Rev1ew 89-15 exp1re or
are resc1nded by C1ty Counc1l at the request of the OWNER, CITY shall expunge
th1s Covenant from the record t1tle of the PROPERTY.
If e1ther party 1s requ1red to 1ncur costs to enforce the prov1s1ons of th1s
Covenant, the preva1l1ng party shall be ent1tled to full re1mbursement of all
costs, 1nclud1ng reasonable attorneys' fees, from the other party. The CITY may
ass1gn to persons 1mpacted by the performance of th1s Covenant the r1ght to
enforce th1s Covenant aga1nst OWNER.
't/Z3!90 -t~ ~ ~
OWNER E. Rex Brawn III
(Notar1ze) Paway Creekside Partners
Senior Vice President, ADI
Dated:
Dated:
August 23, 1990
CITY OF POWAY
By (NO~Ott:/-~
,
'LEX>I\L DESCRIPl'ICJiI
ORDER 00. 400675-04
b1s
379
( The Northwest Quarter of the SCAltheast Quarter of Sectic:n 13, 'l'ownship 14 SCAlth,
Range 2 West, San Bernartllm Meridian, in the a:.mty of San Diego, state of
California, according to United states Goverrroont Survey.
EXCEPl'IN3 THEREFRCM the North 50 feet of the Nc:lrt:hNest Quarter of the SCAltheast
Quarter of Sectic:n 13, 'l'ownship 14 SCAlth, ~ 2 West, San Bernartllm Base and
Meridian, ocntaI.n:iIYJ 0.601 + acre exclusive of the existing right of way of
PcMa:y Road.
Also excepting therefran those portic:ns granted to the City of Poway, a
M.mi.cipal CULflOratic:n by Deeds recorded July 20, 1987 as File l'b. 87-404233 and
July 20, 1987 as File l'b. 87-404234 both of Official Records.
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this the
day of
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County of
the undersigned Notary Public, personally appeared
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[] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) subscribed
to the within instrument, and acknowledged that
executed it.
WITNESS my hand and official seal.
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* Notary's Signature "
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PARTNERSHIP ACKNOWLEDGMENT
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': State of 0A~
: County of0M\ ~~,.fJ
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On this the~day of tLu~ 19~, before me, "
) 55. "
) ~HYLLI:S ~-fl120t... m-ANFUL , "
the undersigned Notary Public, personally appeared "
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~proved to me on the basis of satisfactory evidence
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on behalf of the partnership, and acknowledged to me that
the partnership executed it.
W NESS my hand and official seal.
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OFFICIAL SEAL
PHYLLIS CAROL MANFUL
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires NOV 29, 1991
CORPORATE ACKNOWLEDGMENT
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* State of
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On this the
55.
day of
19
before me, *
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the undersigned Notary Public, personally appeared
[] personally known to me
[] proved t~ me on the basis of satisfactory eviden~e to
be the person(s) who executed the within instrument as
or on behalf of the corporation
therein named, and acknowledged to me that the corporation
executed it.
WITNESS my hand and official seal.
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Notary's Signature "
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381
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RESOLUTION NO. 90-155
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ADOPTING SPECIFIC PLAN 89-04
APN'S 317-480-11
WHEREAS, Chapter 17.47 (Specific Plan Regulations) of the Poway Municipal
Code (Zoning Development Code) provides for the initiation, preparation, and
adoption of specific plans in accordance with Section 65450, et. seq., of the
California Government Code (Article 8. Specific Plans); and
WHEREAS, on September 26, 1989, the City Council adopted a resolution of
intent to consider the initiation of the preparation of a specific plan in
accordance with the Specific Plan Regulations of the City of Poway Municipal
Code; and
WHEREAS, the proposed Specific Plan 89-04 involves a partially developed
parcel of land having an area of approximately 16.0 acres which is more specifi-
cally identified as Assessor's Parcel Number 317-480-11; and said parcel is pre-
sently owned by ADI Properties according to the latest secured assessment roll
of property in the County of San Diego, California; and
WHEREAS, the City Council does hereby deem necessary and desirable that the
proposed Specific Plan 89-04 for the subject property be adopted and implemen-
ted; and
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WHEREAS, Specific Plan 89-04 has been prepared pursuant to the provisions of
the Government Code and the Poway Municipal Code (Zoning Development Code); and
WHEREAS, Specific Plan 89-04 is a component of the poway General Plan and
has been prepared to be fully consistent with the goals, objectives, and poli-
cies of the General P~an and its constituent Elements; and
WHEREAS, the subject property contained within the project area boundary of
Specific Plan 89-04, as depicted on Attachment 1 hereto, is also governed by the
paguay Redevelopment Plan and said plan is on file in the office of the City
Clerk; and
WHEREAS, Specific Plan 89-04 embodies the text, graphics, development stan-
dards, and implementation proposals which shall apply to development located
within the specific plan project area; and
WHEREAS, an Environmental Impact Report to identify potential adverse signi-
ficant environmental impacts of Specific Plan 89-04 was certified by Council on
June 13, 1989.
WHEREAS, on July 24, 1990, the City of Poway City Council held a properly
noticed public hearing in accordance with the California Government Code and the
California Environmental Quality Act (CEQA) to consider the proposed Specific
Plan 89-04.
382
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Resolution No. 90-155
Page 2
NOW, THEREFORE BE IT RESOLVED, that the City Council has certified the EIR
and does hereby find that the adoption of the Specific Plan 89-04, will have no
unidentified adverse significant environmental impacts.
BE IT FURTHER RESOLVED that the City Council of the City of Poway does
hereby adopt Specific Plan 89-04 attached hereto as Attachment 2 and incor-
porated herein by reference as if set forth in full.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 24th day of July, 1990.
Sl,~,
ATTEST:
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~k k OV~1<.YJ'G..-
Marjorie ~. Wahlsten, City Clerk
\. \
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STATE OF CALIFORNIA }
} ss.
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. 90-155 ,was
duly adopted by the City Council at a meeting of said City Council held on the
24th day of July , 1990, and that it was so adopted by the following
vote:
AYES:
NOES:
EMERY, GOLDSMITH, HIGGINSON
NONE
NONE
BRANNON, KRUSE
ABSTAIN:
ABSENT:
R/R-7-24.16-17
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Marjorie ~. Wahlsten, City Clerk
Ci ty of\P_9way
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CIVIC CENTER 0 'z
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POWAY
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SPECIFIC PLAN AREA
NOT A PART
CREEKSIDE PLAZA
SPECIFIC PLAN AREA
A'ITAOlM.ENT 1
esolution No. 90-155
Page 3
SCALEQ'" 400'
FAIR GATE
DR,
384
solution No, 90-155
?age 4
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SPECIFIC PLAN 89-04
CREEKSIOE PlAZA
I.
INTRODUCTION
On June 27, 1989, the paguay Redevelopment Agency entered into an Owner
Participation Agreement with ADI Properties for the development of a 16.0
gross acre site bounded by Poway, Midland, and Community Roads, and Poway
Creek. The purpose of the agreement was to assist in the development of a
commercial retail shopping plaza.
To provide opportunity for retail development, the City Council redesignated
land used formerly as a Mobile Home Park to Community Commercial and pro-
vided for the relocation of current residents of the Haley Trailer Ranch to
a new mobile home park to be constructed on a contiguous residential lot
south of poway Creek. The general plan amendment and zone change permitted
the combination of parcels north of the creek under a single, more
appropriate zoning classification.
II. LEGAL DESCRIPTION
The subject property is situated in the State of California, County of San
Diego, being a portion of the Northwest Quarter of the Southeast Quarter of
Section 13, Township 14 South, Range 2 West, San Bernardino Meridian.
III.AUTHORITY AND SCOPE
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Section 65450, et. seq., of the California Government Code enables local
governments to adopt specific plans for the systematic implementation of the
General Plan in the subject area. It is the intent of this specific plan to
define appropriate land uses and development standards for the designated
town center. Where development standards differ from those listed in the
Commercial Community zone of the Poway Municipal Code, the provisions con-
tained within the specific plan shall take precedence.
IV. PROPERTY ANALYSIS
The subject property consists of 16 gross acres and is zoned Community
Commercial. Poway Creek provides the southerly boundary of the property.
The property is bounded by Midland Road on the east, poway Road to the
north, and Community Road to the west. Haley's Trailer Ranch is located on
the eastern portion of the subject property. The western portion is vacant.
The trailer park contains a substantial number of notable mature trees
which, together with the trees that line the creek area, comprise a major
element of the central poway landscape. Surrounding land uses include the
following: Town and Country Center to the north, Midland Auto to the east,
poway Plaza to the west, and vacant land to the south. The property to the
south is proposed to absorb trailer park residents displaced as a result of
the development of the subject parcel.
385
~solution No, 90-155
Page 5
V. LAND USES
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The following land uses shall be permitted on the SUbject property where the
symbol "P" appears, subject to minor conditional use where the symbol "t"
appears, and subject to a conditional use permit where the symbol "C"
appears:
CC
Administrative and Professional Services
Including, but not limited to, administrative P
offices; financial institutions, accounting and
auditing services; clerical and legal services;
counseling services; publiC utility company
offices; medical, dental, and related health
services, but eXCluding veterinary offices.
General Commercial Uses
1. Apparel stores P
2. Art, music, and photographic studios and P
supply stores
[
3. Applicance stores and repair (no outdoor
storage and/or display)
4. Athletic and health club
P
t
5. Bakeries - retail only P
6. Barber and beauth shops P
7. Bicycle shops, non-motorized P
8. Blueprint and photocopy services when P
operated in conjunction with a professional
office of engineering, planning, surveying,
architecture drafting.
9. Book, gifts, and stationery stores P
10. Candy stores and confectionaries P
11. Catering establishments P
12. Cleaners, including dry cleaning P
13. Commercial recreation facilities not C
otherwise listed
386
CC
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General Commercial Uses (cont.)
14. Eating and drinking establishments
A. Night clubs, cabarets, restaurants,
coffee shops, delicatessens:
1. with alcoholic beverages and/or t
entertainment
2. with beer and wine and/or P
entertainment
3. without alcoholic beverage, but P
including entertainment
4. without alcoholic beverage and P
without entertainment
B. Snack bars, take-out only, refreshment P
stands contained within a building
15. Florist shops, florist kiosk P
16. Furniture stores, without repair and P
upholstery (no outdoor storage and/or
display)
17. Hobby shops
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18. Jewelry stores
19. Junior department, department stores,
discount department stores, and membership
department stores
20. Liquor stores
21. Newspaper and magazine stores
22. Nurseries and garden supply stores; P
provided all equipment and supplies shall P
be kept within an enclosed area
23. Office supplies/stationery stores
24. Pharmacies P
25. Photocopying services P
26. Retail stores and shops, including but P
not limited to, variety, shoe, toys
27. Stamp and coin shops P
Aesolution No. 90-155
Page 6
P
P
P
P
P
P
387
;solution No, 90-15:
Page 7
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General Commercial Uses (cont.)
2B. Swimming pool supplies
t
29. Theaters (motion picture and playhouse) with P
or without an arcade, see Subsection F of
Section 17.10.140
30. Travel agencies
P
VI. SITE/BUILDING DEVELOPMENT STANDARDS
Structures may be located on any lot not designated as a "common lot". A
common lot for the purpose of this waiver shall be defined as any lot having
an undivided fee ownership comprised of all other lot owners. Said common
lot shall be reserved for pedestrian and vehicular access, landscaping,
parking, and appurtenant improvements of general benefit to all owners.
The requirement for a 20 foot wide vehicular access to a public street is
waived provided that all lots not designated as a "common lot" shall have at
least 20 foot access to said "common-lot".
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The maximum amount of total building square footage for the center shall not
exceed 176,000 square feet of gross floor area.
General Lot and Building Setback Requirements
The minimum lot size and building setback requirements are:
A. Lot area, square feet or acres
No minimum
B. Lot width, (in feet)
C. Lot depth, (in feet)
D. Front yard setback, (in feet)
E. Side yard setback, (in feet)
F. Building setback from street R/W (in feet)
G. Rear yard setback, (in feet)
o
o
o
o
o
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H. Lot coverage, maximum
100 percent
I. Building height (Architectural features,
including but not limited to clocks and
belltowers, shall be limited to 55 feet
in height).
35 feet maximum or two
stories, whichever is
less
388
elution No, 90-15::
dge 8
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J. Off-street parking
General Site Requirements
The following general site requirements shall be observed:
Per City requirements
Parking setback from street R/W
20 feet
Percent of Net Specific
Plan Area
Total building coverage (maximum)
Performance Standards
30
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The requirements for construction of a masonry wall when a commercial or
office use abuts residentially zoned property are hereby modified, since
outdoor storage is prohibited and there is separation by Poway Creek or
Midland Road; loading and maintenance activities hours will be regulated;
rear building elevations will be enhanced; and, adequate screening is
afforded by poway Creek. An eight foot wall would restrict access to the
proposed trail in the poway Creek area. To assure accessibility to this
amenity the construction of a solid fence or wall along the southerly speci-
fic plan boundary may be reduced to 36 inches in height in order to screen
vehicle headlights and to six feet where appropriate to enclose trash
collectors or where it can be demonstrated that a relatively small nuisance
source can be adequately abated by the construction of a solid wall or
fence.
All exterior maintenance and delivery activities shall be performed between
the hours of 7 a.m. and 10 p.m.
Architectural, Building Style and Materials
Structures on the site shall substantially conform to concept, style, and
colors established pursuant to Development Review 89-15 using similar and/or
compatible materials.
Public Improvements
Public improvements shall be constructed to facilitate the specific plan as
set forth in the resolution of approval for Tentative Parcel Map 89-06.
Signage
Signage shall be provided in accordance with Comprehensive Sign Regulations,
of the poway Zoning Code, except as follows:
389
,solution No, 90-155
aye 9
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Anchor tenant and center identification wall signs, which are architec-
turally integrated with the design of the center may project to a maximum
height of:
Plaza Tower
Building G
Building J
Building L
Building N
34 feet
22 feet
27 feet
24 feet
3B feet
VII. IMPLEMENTATION PROCEDURES
Development under this specific plan ,shall proceed according to normal pro-
cedures of the City of Poway with regard to development review. A develop-
ment review may be required on any, and all, new structures as outlined in
the Poway Municipal Code.
This specific plan proposes development standards for the subject property.
Where development standards differ from those listed in the poway Zoning
Development Code, the provisions contained within this specific plan shall
take precedence. Where the specific plan is silent, the Zoning Ordinance
standards shall govern.
IX. ENVIRONMENTAL REVIEW
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The City of Poway conducted an environmental initial study of the potential
adverse significant environmental effects which could occur in conjunction
with the adoption of Specific Plan B9-04, as well as for TPM 89-06 and DR
89-15. The initial study (attached) concluded that the project (SP 89-04)
will not result in any significant adverse effects because SP 89-04 and TPM
89-06/DR 89-15 contain specific development standards and mitigation
measures, based on the previously certified ErR, which serve to avoid any
potential adverse effects on the environment. Specific Plan 89-04 regulates
the type and intensity of land use and development intensity permitted for
the subject property, and such regulation is deemed to be consistent with
the goals, objectives, and policies of the poway Comprehensive Plan and com-
patible with existing and planned land uses surrounding the subject prop-
erty.
X. AMENDMENT PROCEDURES
Any amendment, whether City-initiated or private, to Specific Plan 89-04
shall be processed in accordance with Specific Plan Regulations of the poway
Municipal Code and shall be, if approved, adopted by City Council resolu-
tion.
390
RESOLUTION NO. P-90-50
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 89-15
ASSESSOR'S PARCEL NUMBER 317-480-11
WHEREAS, Development Review 89-15 submitted by ADI Properties, applicants,
request approval of a 175,000 square foot commercial shopping plaza on 16 acres
located on the south side of poway Road between Midland and Community Roads in
the CC (Commercial Community) zone; and
WHEREAS, on July 24, 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 the previously certified Final EIR for the Haley
Trust Property, Tentative Parcel Map 87-09, and adopted mitigation plan ade-
quately addresses the potential environmental impacts of the proposed devel-
opment, The necessary mitigation measures are contained in the conditions
of approval of the attached resolution.
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Section 2: Findings:
1. That the proposed project is in conformance with the Poway General Plan
in that the site is designated as the commercial town center and the
plaza has been designed to provide high order goods and services.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining prop-
erties because rooflines, building materials, and architectural design
and scale are comparable with both the Town and Country Center and the
Builders Emporium center (poway Plaza).
3. That the proposed development is in conformance with the intent and
purpose of the Zoning Ordinance and adopted specific plan in that all
performance standards will be met through project construction.
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City because it is
similar to and complements the adjacent development and it complies
with the design guidelines of the General Plan regarding the use of
textured building materials, generous roof overhangs, recessed doorways
and windows, use of arbors and trellises and generous planting areas
and most importantly, the retention of existing mature trees in the new
site plan.
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391
Resolution No. P-90-50
Page 2
Section 3: City Council Decision:
The City Council hereby approves Development Review 89-15 subject to the
following conditions:
Within 30 days of approval: (1) The applicant shall submit in writing that
all conditions of approval have been read and understood; and (2) the pro-
perty owner shall execute a Covenant on Real Property.
.
APPLICANT SHALL CONTACT THE DEPARTMENTS OF PLANNING AND BUILDING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site development requirements for handicapped accessibility found in Chapter
71 of the State of California Building Standards Code must be adhered to.
All new buildings shall be accessible throughout.
2. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
3. Approval of this request shall 'not waive compliance with all sections of the
Zoning Development Code and aH other appl icable City Ordinances in effect
at the time of building permit issuance.
4. Trash receptacle shall be enclosed by a six foot high masonry wall with
vi ew-obstruct i ng gates pursuant to City standards. Location sha 11 be sub-
ject to approval by the Planning Services Department. Trash enclosures
shall not be located adjacent to street frontages.
5. 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.
6. 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.
7. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
8. For a new commercial or industrial development, or addition to an existing
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, Water and Sewer Service Fees, and School Fees. These fees
shall be paid prior to building permit issuance.
392
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Resol uti on No. P- 90- 50
Page 3
9. This approval shall become null and void if building permits are not issued
for this project within two years from the date of project approval.
10. Building identification and/or addresses shall be placed on all new and
existing buildings so as to be plainly visible from the street or access
road; color of identification and/or addresses shall contrast with their
background color.
PARKING AND VEHICULAR ACCESS
1. 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.
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2. 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.
'3. All two-way traffic aisles shall be a minimum of 24 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.
4. 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-
mits. Landscape Plan Check Fees shall be paid at the established rate.
2. A Master Plan of the existing on-site trees shall be approved by the City
Council prior to the issuance of building permits and prior to grading, to
determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and shall be
trimmed and/or 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. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Ordinance and shall be planted at an
average of every 30 feet on interior streets and 20 feet on exterior
streets.
393
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Resolution No. P-90-50
Page 4
5. All landscaped areas shall be maintained in a healthy and thriving con-
dition, free from weeds, trash, and debris.
SIGNS
1. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance, and adopted specific plan.
2. A Comprehensive Sign Program for this development shall be submitted to the
Planning Services Department for their review prior to issuance of building
pennits. Approval shall be by the City Council.
RECREATION
1. The developer shall construct the pedestrian trail in accordance with the
adopted standards and to the satisfaction of the Director of Planning
Services.
2. An open space easement shall be granted to the City over, upon, across and
under the area defined on the final maps as a pedestrian trail
and no building, structures or other things shall be constructed, erected,
placed or maintained on subject'easements except for the construction and
maintenance of said trail and structures appurtenant to the trail.
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EXISTING STRUCTURES
A representative portion of the existing Kerran-Anderson adobe fann house
shall be reconstructed for public display within or adjacent to one of the
future commercial buildings on site, to the satisfaction of the Director of
Planning Services.
APPLICANT SHAll CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOllOWING CONDITIONS:
GRADING
1. Prior to grading, a construction fence shall be placed along poway Creek to
protect existing vegetation.
2. The developer shall coordinate grading operations to accommodate construc-
tion of a pedestrian bridge across poway Creek.
3. All slopes shall have a minimum inclination of 2:1.
4. Grading in Poway Creek shall confonn to the approved Hydraulic Study and
shall be subject to the approval of the City Engineer.
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5. Grading of the subject property shall be in accordance with the Unifonn
Building Code, City Grading Ordinance, approved grading plan and geotech-
nical report, and accepted grading practices.
6. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perfonn such work at first submittal of a grading
plan.
7. 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 pennit.
STREETS AND ON-SITE IMPROVEMENTS
General
1. All Circulation Element roads shall be dedicated and improved to Circulation
Element road standards and to the specifications of the Director of Public
Services.
2. The developer shall install an eight phase traffic signal at the intersec-
tion of Community Road and Civic Center Drive.
J. Vehicular access rights to poway Road, Community Road, and Midland Road
shall be dedicated to the City of poway and labeled on the final map to the
satisfaction of the City Engineer or by sepijrate document, except at
approved driveway locations.
4. Reciprocal access and/or maintenance agreements shall be provided insuring
access to all parcels over private roads, drives or parking areas and main-
tenance thereof to the satisfaction of the City Engineer.
5. Street striping and signing shall be installed to the satisfaction of the
City Engineer.
6. All street structural sections shall be submitted to, and approved by the
City Engineer. Pavement sections for parking lots shall meet the minimum
requirements or Section 12.20.080 of the Municipal Code.
7. The developer shall modify the traffic signal at the intersection of poway
Road and Community Road to accommodate the widening of Community Road and
Poway Road and a free right turn from northbound Community Road to eastbound
poway Road. The design of this turn shall be subject to the approval of the
City Engineer. The intersection shall be modified to accommodate dual left
turn lanes on northbound Community Road and westbound Poway Road. The final
intersection design is subject to the approval of the City Engineer.
8. Street improvement plans prepared on standard size sheets by a Registered
Civil Engineer shall be submitted for approval by the City Engineer. Plan
check and inspection expenses shall be paid by the developer.
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9. All exterior street improvements shall be constructed prior to occupancy, to
the satisfaction of the City Engineer.
10. On-site improvements that include, but are not limited to:
X a. Sidewalks
X b. Driveways
X c. Wheel chair ramps
X d. Curb and gutter
X e.
----x- f .
----x- g.
----X-h .
Cross gutter
Alley gutter
Parking lot paving
Alley paving
shall be constructed prior to the occupancy of the units to the satisfac-
tion of the Director of Engineering Services.
11. 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.
12. Prior to any work being perfonned in the public right-of-way, an encroach-
ment pennit shall be obtained from the Engineering Services office and
appropriate fees paid, in addition to any other pennits required.
13. The developer shall pay one half the cost of a City approved landscaped
median along the Poway Road frontage prior to final map approval.
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14. The developer shall pay the Traffic Mitigation Fee at the established rate
at building pennit issuance.
15. All driveways shall be designed as alley aprons with a minimum curb return
radius of 20 feet.
Community Road
Community Road shall be widened to five lanes (three northbound, two
southbound), plus a raised landscaped median along the project frontage.
The curb-to-curb width shall be approximately nine feet. Improvements shall
include; pavement, striping, curb and gutter (on the east side only),
landscaped median, sidewalk, street lights, and fire hydrants. The final
design of the roadway shall be subject to the approval of the City Engineer.
poway Road
poway Road shall be widened on the south side to include a through lane
adjacent to the curb. In addition, the median in Poway Road shall be
widened and landscaped to 24 feet from Community Road to Midland Road. Dual
left turn lanes shall be installed in the westbound lanes at the intersec-
tion of Community Road and in the eastbound lanes at the intersection of
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Resolution No. P- gO-SO
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Midland Road. The opening at mid-block shall be retained with the final
design to pennit left turns from westbound Poway Road. Left turns onto
poway Road shall not be pennitted. The final design shall be subject to the
approval of the City Engineer. The approximate curb-to-curb width shall be
94 feet; however, the final design shall be subject to approval of the City
Engineer.
Midland Road
The developer shall dedicate and improve Midland Road to City Standards for
a Secondary Roadway (84/64) from Poway Road to the entrance on Midland Road.
This shall include a raised landscaped median. The roadway shall transition
to 60/40 south of the entrance. Design of Midland Road shall be subject to
the approval of the City Engineer. The developer shall be responsible for
modification of the existing signal at Poway Road to accommodate any changes
to Midland Road.
DRAINAGE AND FLOOD CONTROL
1. An open space/drainage easement shall be dedicated to the City over the
floodway area as established by the approved Hydraulic Report for Poway
Creek. This easement shall be dedicated prior to occupancy.
2. Intersection drains will be required at locations specified by the City
Engineer and in accordance with standard engineering practices.
3. A drainage system capable of handling and disposing of all surface water
originating within the property, and all surface waters that may flow
onto the property from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as required by the City
Engineer to properly handle the drainage.
4. Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
5. The Master Plan of Drainage Fee shall be paid at the established rate in
accordance with the Drainage Ordinance at the date of final inspection or
at the date the certificate of occupancy is issued, whichever occurs later.
6. Concentrated flows across driveways and/or sidewalks shall not be pennitted.
UTILITIES
Water
1. All on-site water mains shall be public. Plans shall be prepared on stan-
dard size sheets by a Registered Engineer and submitted for approval by the
City Engineer. Easements shall be dedicated to the City over all water
lines a minimum of 20 feet wide.
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Resolution No. P- gO-SO
Page 8
2. Existing water lines and wells shall be located prior to grading and aban-
doned in accordance with County Health Department standards and City
requirements.
3. Fire hydrants and post indicator valves shall be located by the Fire Marshal
prior to issuance of building pennits.
Sewer
1. All existing sewer facilities (i.e., sewer lines, septic facilities) shall
be located prior to grading and abandoned according to City and County
requirements. Existing facilities to remain shall be properly protected
during construction.
2. All on-site sewer mains shall be public. Plans shall be prepared on stan-
dard sized sheets by a Registered Engineer and submitted to the City for
approval. An easement, at least 20 feet wide, shall be dedicated over all
sewer mains. Joint easements for sewer and water shall be 30 feet wide.
General
l
1. All proposed utilities within the project shall be installed underground
including existing utilities along Circulation Element roads and/or highways
less than 34.5 KV.
2. Utility easements shall be provided to the specification of the serving uti-
lity companies and the City Engineer.
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. Prior to acceptance of property for sewer service, annexation to the sewer
improvement area shall occur.
6. The applicant shall pay for a water system analysis to establish the proper
size and location for the public water system. The amount will be deter-
mined by the cost of the analysis and shall be paid upon demand by the City.
7. The applicant shall, within 30 days after receiving approval of the develop-
ment 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.
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Resolution No. P-90-50
Page 9
8. Developer shall construct a light system confonning 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 DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. All buildings are to be protected by an automatic fire sprinkler system.
The systems are to be constructed to current Department of Safety Services
policies for automatic fire sprinkler systems.
2. New fire hydrants are to be installed throughout the project site. The fire
hydrants shall be located by the City Fire Marshal based on the final site
plan.
3. Fire Department access shall be required around the project site.
Designated fire lanes with approved signs and .curb markings shall be
installed as detennined by the City Fire Marshal.
4. Each building is to be provided with a Knox Security Box for each Fire
Department access.
5. Roof covering shall meet fire retardant testing as specified in the Unifonn
Building Standards No. 32-7 for fire retardant roofs.
6. 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
height of address numbers shall be six inches. The building address shall
also be displayed on the roof meeting current Fire Department standards.
7. The addition of on-site fire hydrants is required. The location of the
hydrants shall be detennined by the City Fire Marshal.
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Resolution No. P- gO-SO
Page 10
8. Material Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in each building.
9. An Emergency Contingency Plan and Hazardous Materials Disclosure is required
to be filed with the San Diego County Department of Health and copies pro-
vided to the Fire Department.
10. Prior to delivery of combustible materials, temporary fire service shall be
available on site.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 24th day of July, 1990.
~'
Higginson, Mayo
Don
ATTEST:
L
'l1l~ K' 75V~~~
Marjorie K.\Wahlsten, City Clerk
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400
Resolution No. P-90-50
Page 11
STATE OF CALIFORNIA )
) ss.
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-90-50 ,was
duly adopted by the City Council at a meeting of said City Council held on the
24th day of ,Julv , 1990, and that it was so adopted by the following
vote:
AYES: EMERY, GOLDSMITH, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT:
BRANNON, KRUSE
l
l Jill "~~~L' 1< ) lu. k."t__
Marjorie K. Wahlsten, City Clerk
City of .~oway
R/R-7-24.21-31