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Covenant Regarding Real Property 1990-492580 378 S 492580 "-'-, a Q~"7 ..... c- . /~'_"~"'~';:'--iED/iN "'.,] () 0 ',- -, ;rmDS I1l"r:, (:/1 i S"P I C PM 3: 59 RECORDING REQUEST BY: CITY OF POWAY CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ) ) ) ) ) ) ) ) ) ) ) ) '-.-....- " '.:~ '-i; f ; ,', I ,,' -- WHEN RECORDED MAIL TO: No Transfer Tax Due (Th1s space for Recorder's use) ~F ' AR MG 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. ( , " , '. . ~ ~ ., .. t i"" . ! i .. /, / ~E~E~A~:~C~N~~;E~G~E~T * * * * * * * ~ * * * * * * aM* * * * * * * _. * * * * * * * * * * * * * *: - State. of * 19 this the day of , before me, * * ) 55. ) * * * * *. " " * * County of the undersigned Notary Public, personally appeared [] personally known to me " [] 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. " " " " " " * Notary's Signature " ";* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * " " PARTNERSHIP ACKNOWLEDGMENT * * * * * * * * * * * * * * * ': State of 0A~ : County of0M\ ~~,.fJ * * * * * * * * * * * n* * * * * * * * * * * * * * * ~ * * * * * * On this the~day of tLu~ 19~, before me, " ) 55. " ) ~HYLLI:S ~-fl120t... m-ANFUL , " the undersigned Notary Public, personally appeared " " * * * * * * * * * * * * * b- '(E;X 't3f'OWAJ 7fT -1E3 ~eFsonall) known te me ~proved to me on the basis of satisfactory evidence ~ b~ the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. W NESS my hand and official seal. * * * * * * * * * * * * * * * * * * " " * * " " " * " " " * * * * * * * * * * * * * * * * * * * * * OFFICIAL SEAL PHYLLIS CAROL MANFUL NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires NOV 29, 1991 CORPORATE ACKNOWLEDGMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *.* * * * * * * * * * * * * * * * State of * " County of " * * * * * * " * " " " " * " On this the 55. day of 19 before me, * * " " " " " " " " " " " " " " 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. " Notary's Signature " ~ * * * * * * * * * * + * + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ~ _~ L . . " " " " " " " " " 381 r 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 l 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 r 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: l ~k k OV~1<.YJ'G..- Marjorie ~. Wahlsten, City Clerk \. \ -' 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 \y ,1/ oil I _ _ I- I l~ r::-, j/ \)~, u~~ Marjorie ~. Wahlsten, City Clerk Ci ty of\P_9way r ~!l _,_I I I I~ o I: I- CIVIC CENTER 0 'z -,-,-/ ~ 12 I L I 383 POWAY ROAD o Jut '~.- 15 i~ , 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 r- 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 l 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 r 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 .- 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 l 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 cc r 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". l 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 o 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 I 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 l 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 r 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 l 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 ~ 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. l_ 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. ~' L 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 .- 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. L 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 r- 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. l 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. r l 394 Resolution No. P-gO-50 Page 5 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. 395 r- Resolution No. P-90-50 Page 6 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. [ l 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 396 .-- , I Resolution No. P- gO-SO Page 7 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. 397 r 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. 398 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. 399 r 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 . \ \ " o 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