Covenant Regarding Real Property 1990-441216
465
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No Transfer Tax Due
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RECORDING REQUEST BY:
CITY OFPOWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
(This space for Recorder's use)
COVENANT REGARDING REAL PROPERTY
Environmental Development, LTD., a California L1mited Partnership ("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 Numbers 273-182-18, 19; 273-100-10, 11; 277-010-2, 5, 22, 23; 277-070-24,
27 - 31; 277-071-01, 2, 8, 9; 277-140-1, 5, 23, 24, and 26 ("PROPERTY"
hereinafter). In consideration of the approval of Specific Plan 89-01 and
Tentative Tract Map 89-13 by the City of Poway ("CITY" hereinafter), OWNER
hereby covenants and agrees for the benefit of the CITY, to abide by conditions
of the attached resolutlons(Exhlblts B and C).
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 Specific Plan 89-01 and Tentative Tract Map 89-13 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or are rescinded by City Council at the request of the OWNER, CITY shall expunge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
enforce this Covenant against OWNER.
Dated: d'" ~ '3 ~ &, SJ.L /
, OWNER
Environmental Development, LTD,
(Notarize)
Dated: ~ IS; J19/J
CITY OF POWAY
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No need to Not rlze
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In this the
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PARINERSliIP ~
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On this the :2.t, day of ~ 19 .q;;., before me,
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the undersigned Notary Public, personally appeared
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personally ]mown to me
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the partnership executed. it.
WITNESS my hand and official seal.
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Notary's Signature
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* State of On this the day of 19 _, before me, *
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--PORM 1402
ALTA OWNER I S POLICY
WESTERN REGIONAL EXCEPTIONS
467
ORDER NO, 969888-6
EXHIBIT A
PARCEL 1:
ALL THAT PORTION OF THE NORTHWEST QUARTER (LOT 3) OF THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING EASTERLY OF A
LINE THAT IS PARALLEL TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER
(LOT 3) AND IS 687.61 FEET EASTERLY THEREOF, EXCEPTING THEREFROM THAT
PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SECTION 24, TOWNSHIP 13
SOUTH, RANGE 2 WEST; THENCE SOUTH 33'00'56" EAST, 816.25 FEET TO THE,
TRUE POINT OF BEGINNING; THENCE NORTH 40'43'00" EAST, 89.98 FEET;
THENCE SOUTH 82'17'00" EAST, 70.00 FEET; THENCE SOUTH 52'17'00" EAST,
120,00 FEET; THENCE SOUTH 7'43'00" WEST, 105.29 FEET; THENCE NORTH
82'17'00" WEST, 187,50 FEET; THENCE NORTH 14'17'00" WEST, 65.00 FEET
TO A POINT TO BE KNOWN HEREIN AS POINT "A"; THENCE NORTH 14 '17 I 00"
WEST, 31.00 FEET; THENCE NORTH 40'43'00" EAST, 2.98 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPT ALL WATER CLAIMS OF RIGHTS TO WATER, IN OR UNDER SAID LAND.
PARCEL 2:
ALL THAT PORTION OF THE SOUTHWEST QUARTER (LOT 4) OF THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN DIEGO, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING
NORTHERLY OF A LINE THAT IS PARALLEL TO THE NORTHERLY LINE OF SAID
SOUTHWEST QUARTER (LOT 4) AND IS 1,209.80 FEET SOUTHERLY THEREOF,
EXCEPT ALL CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND.
PARCEL 3:
ALL THAT PORTION OF THE SOUTHWEST QUARTER (LOT 4) OF THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
GALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING SOUTHERLY OF A
LINE THAT IS PARALLEL TO THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER
(LOT 4) AND IS 1,209.80 FEET SOUTHERLY THEREOF.
EXCEPT ALL CLAIMS OR RIGHTS TO WATER IN OR UNDER SAID LAND.
PAGE 22
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FORM 1402
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
468
ORDER NO. 969888-6
PARCEL 4A:
THE NORTHWEST QUARTER (LOT 1) OF THE NORTHWEST QUARTER OF SECTION 30,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (LOT 1) OF
SAID SECTION 30; THENCE ALONG THE EAST LINE OF SAID LOT 1, NORTH
0'06'10" WEST, 100,00 FEET; THENCE SOUTH 89'53'50" WEST, 200,00 FEET;
THENCE SOUTH 0'06'10" EAST, 100.00 FEET MORE OR LESS TO THE SOUTH
LINE OF SAID LOT 1; THENCE EASTERLY ALONG SAID SOUTH LINE 200 FEET
MORE OR LESS TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF ROAD SURVEY NO.
335 (ESPOLA ROAD) AND THE CENTER LINE OF ROAD SURVEY NO. 722 (OLD
COACH ROAD); THENCE ALONG THE CENTER LINE OF SAID ROAD SURVEY NO. 722
NORTH 5'40'37" EAST, 100.78 FEET TO THE TRUE POINT OF BEGINNING, ALSO
BEING AN INTERSECTION WITH THE NORTHEASTERLY RIGHT OF WAY OF THE SAN
DIEGO AQUEDUCT; THENCE ALONG SAID AQUEDUCT RIGHT OF WAY LINE NORTH
37'24'41" WEST, 356,00 FEET; THENCE NORTH 25'30'00" EAST, 241.29
FEET; THENCE SOUTH 64'30'00" EAST, 234.52 FEET TO A POINT IN THE ARC
OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1000.00 FEET,
SAID CURVE BEING THE CENTER LINE OF SAID SURVEY NO. 722; THENCE
SOUTHWESTERLY ALONG SAID CENTER LINE AND CURVE THROUGH A CENTRAL
ANGLE OF 19'49'23", A DISTANCE OF 345.98 FEET TO THE SOUTHERLY
TERMINUS THEREOF; THENCE CONTINUING ALONG SAID CENTER LINE SOUTH
5'40'37" WEST, 68.34 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT ALL WATER CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND,
PARCEL 4B:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 13
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTy
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOW:
PAGE 23
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FORM 1402
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 30; THENCE
ALONG THE EAST LINE OF SAID LOT 1, NORTH 0'06'10" WEST, 100.00 FEET;
THENCE SOUTH 89'53'50" WEST, 200.00 FEET; THENCE SOUTH 0'06'10" EAST
TO THE NORTH LINE OF THE COUNTY ROAD KNOWN AS ESPOLA ROAD, ACCORDING
TO PLAT OF ROAD SURVEY NO. 335 ON FILE IN THE OFFICE OF THE COUNTY
ENGINEER; THENCE ALONG SAID NORTH LINE SOUTH 83'26'48" EAST TO A LINE
WHICH BEARS SOUTH O' 06' 10" EAST FOR THE POINT OF BEGINNING; THENCE
NORTH 0'06'10" WEST, 112.61 FEET TO THE POINT OF BEGINNING.
469
ORDER NO. 969888-6
EXCEPTING THAT PORTION LYING WITHIN SAID LOT 1 OF SECTION 30.
PARCEL 4C:
THAT PORTION OF LOT 1 IN THE NORTHWEST QUARTER OF SECTION 30,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 30; THENCE
ALONG THE EAST LINE OF SAID LOT 1, NORTH 0'06'10" WEST, 100.00 FEET;
THENCE SOUTH 89'53'50" WEST, 200.00 FEET; THENCE SOUTH 0'06'10" EAST,
100 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOT 1; THENCE
EASTERLY ALONG SAID SOUTH LINE, 200 FEET, MORE OR LESS, TO THE POINT
OF BEGINNING.
PARCEL 5:
ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF, LYING BETWEEN THE SOUTHERLY LINE OF THE NORTHWEST QUARTER
(LOT 1) OF THE NORTHWEST QUARTER OF SAID SECTION 30, AND THE
NORTHERLY LINE OF THE COUNTY ROAD KNOWN AS ESPOLA ROAD, ACCORDING TO
THE PLAT OF ROAD SURVEY NO. 335, ON FILE IN THE OFFICE OF COUNTY
RECORDER ,OF SAN DIEGO COUNTY, AS SAID SOUTHERLY LINE OF LOT 1 AND THE
NORTHERLY LINE OF ROAD SURVEY NO. 335 ARE SHOWN ON RECORD OF SURVEY
NO. 6721, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 3, 1966 AND LYING WESTERLY OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 30;
THENCE ALONG THE EAST LINE OF SAID LOT 1, NORTH 0'06'10" WEST, 100.00
FEET; THENCE SOUTH 89' 53' 50" WEST, 200.00 FEET TO THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 0'06'10" EAST TO
THE NORTH LINE OF SAID ROAD SURVEY NO. 335.
EXCEPT ALL WATER CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND.
PAGE 24
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FORM 1402
ALTA OWNER' S POLICY
WESTERN REGIONAL EXCEPTIONS
470
ORDER NO. 969888-6
PARCEL 6:
ALL OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25,
TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF.
EXCEPT ALL WATER CLAIMS OR RIGHT TO WATER IN OR UNDER SAID LAND.
PARCEL 7:
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, IN
TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN'
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION OF SAID NORTHEAST QUARTER OF SAID
SOUTHEAST QUARTER OF SECTION 24 DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT J, "RESERVED FOR FUTURE
STREET" , OF VALLE VERDE COUNTRY CLUB ESTATES, ACCORDING TO MAP
THEREOF NO. 4683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 21, 1960; THENCE NORTH 88' 33 I 17" WEST, ALONG
THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 3 0.00 FEET; THENCE
NORTH l' 26 '43" EAST, 232.00 FEET TO THE BEGINNING OF TANGENT 550.00
FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20'16'53", A DISTANCE OF
194.69 FEET; THENCE RADIAL TO SAID CURVE NORTH 68'16'24" WEST, 30.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 76'33'32" WEST,
484.14 FEET; THENCE NORTH 4'02'32" WEST, 280.84 FEET; THENCE NORTH
84'41'38" EAST, 271.61 FEET; THENCE SOUTH 63'04'42" EAST, 426.61 FEET
TO A POINT ON THE ARC OF A 580.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY, BEING CONCENTRIC WITH AND DISTANT 30.00 FEET WESTERLY
MEASURED RADIALLY FROM THE ABOVE MENTIONED 550.00 FOOT RADIUS CURVE A
RADIAL LINE TO SAID POINT BEARS NORTH 40'45'24" WEST; THENCE
SOUTHERLY ALONG THE ARC OF SAID 580.00 FOOT CURVE, THROUGH A CENTRAL
ANGLE OF 27' 31' 00", A DISTANCE OF 278.55 FEET TO THE TRUE POINT OF
BEGINNING,
PARCEL 8:
ALL THAT PORTION OF THE NORTHWEST QUARTER (LOT 3) OF THE SOUTHWEST
QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING WESTERLY OF A
LINE THAT IS PARALLEL TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER
(LOT 3) AND IS 687.61 FEET EASTERLY THEREOF, EXCEPTING THEREFROM THAT
PORTION DESCRIBED AS FOLLOWS:
PAGE 25
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ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
471
ORDER NO. 969888-6
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 24, TOWNSHIP 13
SOUTH, RANGE 2 WEST; THENCE SOUTH 33'00'56" EAST, 816.25 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 40'43'00" EAST, 89.98 FEET;
THENCE SOUTH 82"17'00" EAST, 70.00 FEET; THENCE SOUTH 52"17'00" EAST,
120.00 FEET; THENCE SOUTH 7"43'00" WEST, 105.29 FEET; THENCE NORTH
82'17'00" WEST, 187.50 FEET; THENCE NORTH 14'17'00" WEST, 65.00 FEET
TO A POINT TO BE KNOWN HEREIN AS POINT "A"; THENCE NORTH 14 '17' 00"
WEST, 31.00 FEET; THENCE NORTH 40'43'00" EAST, 2.98 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 9:
ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 24, TOWNSHIP 13 SOUTH, RANGE 2 WEST,SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT J, "RESERVED FOR FUTURE
STREET" , OF VALLE VERDE COUNTRY CLUB ESTATES, ACCORDING TO MAP
THEREOF NO. 4683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, DECEMBER 21, 1960;. THENCE NORTH 88'33'17" WEST, ALONG
THE NORTHERLY LINE OF SAID LOT J, A DISTANCE OF 30.00 FEET; THENCE
NORTH 1"26'43" EAST, 232.00 FEET TO THE BEGINNING OF A TANGENT 550"00
FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20"16'53", A DISTANCE OF
194.69 FEET; THENCE.RADIAL TO SAID CURVE NORTH 68'16'24" WEST, 30.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 76"33'32" WEST,
484.14 FEET; THENCE NORTH 4' 02 '32" WEST, 280.84 FEET; THENCE NORTH
84"41'38" EAST, 271.61 FEET; THENCE SOUTH 63"04'42" EAST, 426"61 FEET
TO A POINT ON THE ARC OF A 580.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY, BEING CONCENTRIC WITH AND DISTANT 30.00 FEET WESTERLY
MEASURED RADIALLY FROM THE ABOVE MENTIONED 550.00 FOOT RADIUS CURVE A
RADIAL LINE TO SAID POINT BEARS NORTH 40"45'24" WEST; THENCE
SOUTHERLY ALONG THE ARC OF SAID 580.00 FOOT CURVE, THROUGH A CENTRAL
ANGLE OF 27"31'00", A DISTANCE OF 276"55 FEET TO THE TRUE POINT OF
BEGINNING, CONTAINING AN AREA OF 4.11 ACRES, MORE OR LESS.
PARCEL 10:
THE SOUTHWEST QUARTER OF SECTION 18; THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19; THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 19; THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19; ALL IN
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF.
PAGE 26
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FORM 1402
ALTA OWNER I S POLICY
WESTERN REGIONAL EXCEPTIONS
ORDER NO. 969888-6
ALSO: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH,
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING
WESTERLY OF THE CENTER LINE OF OLD COACH ROAD, KNOWN AS COUNTY ROAD
SURVEY 722.
PARCEL 11:
LOTS 1 AND 2 (THE WEST HALF OF THE NORTHWEST QUARTER) OF SECTION 19,
TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY THEREOF.
EXCEPTING THAT PORTION LYING WITHIN THE BOUNDARY OF VALLE VERDE
COUNTRY CLUB ESTATES, ACCORDING TO MAP THEREOF NO. 4683, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1960.
ALSO EXCEPTING THE NORTHEAST QUARTER OF SAID LOT 1.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 89 OF VALLE VERDE COUNTRY
CLUB ESTATES, ACCORDING TO MAP THEREOF NO. 4683, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 21, 1960;
THENCE ALONG THE EAST BOUNDARY OF SAID LOT 89, NORTH 01.00'26" EAST,
130.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 89; THENCE LEAVING
THE BOUNDARY OF SAID LOT'89, SOUTH 88.51'34" SOUTH 88.51'34" EAST,
80.93 FEET; THENCE SOUTH 03.17'09" WEST, 130.09 FEET; THENCE NORTH
88.51'34" WEST, 76.06 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
PARCEL 12:
THE WEST HALF OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 13 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
EXCEPTING FROM SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, THE
EASTERLY 792.00 FEET THEREOF.
PARCEL 13:
THE EASTERLY 792.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 18, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF.
PAGE 27
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RESOLUTION NO. 90-097
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING OLD COACH GOLF ESTATES PLANNED COMMUNITY
SPECIFIC PLAN 89-01
WHEREAS, Chapter 17.47 (Specific Plan Regulations) of the poway Municipal
Code provides for the preparation and adoption of specific plans in accordance
with Section 65450, et. seq., of the California Government Code (Article 8,
Specific Plans); and
WHEREAS, the Land Use Element of the Poway General Plan contains Objective
18, Policy 18.a, and Map Figure J concerning the Old Coach special study area;
and
WHEREAS, said Policy 18.a states in part
POlicy 18.a Land use changes in the outlying areas shall be required
to prepare a specific plan of land use or a planned community develop-
ment plan that discusses appropriate land uses, public facilities,
financing mechanism and the provision for environmental quality based
upon the following:
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Old Coach Area: The Old Coach Area should be oriented to rural resi-
dential land uses or a resort recreational facility that would include
a variety of residential and recreational uses such as golf courses and
equestrian centers.
WHEREAS, the Land Use Element also describes, in part, the Planned Community
Land Use as follows:
The Planned Communities designation illustrates areas where future
development of a variety of land uses may occur based upon the adoption
by the City Council of a Planned Community Development Plan. The pur-
pose of the Planned Communities designation is to encourage land
planning of large contiguous areas where parcel-specific features can
be addressed with creative solutions that meet or exceed the goals,
objectives, and policies of the City General Plan. However. land uses
within a Planned Community area shall be no more intensive that
described within the City's General Plan; and
WHEREAS, the City of poway received proposed land use and planning applica-
tions for the proposed Old Coach Golf Estates project, concerning approximately
708 gross acres of undeveloped land located on the north side of Espola Road and
fronting Old Coach Road, and owned by Environmental Developments. LTD. appli-
cant; and
WHEREAS, on April 24, 1990, the City Council approved a resolution ini-
~~0 tiating the consideration of the proposed project applications at the General
~!1t Plan Amendment 90-01 public hearing on May is, 1990; and
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Resolution No. 90-097
Page 2
WHEREAS, the subject project applications consist of General Plan Amendment
90-01A and companion zone change ZC 90-01A concerning the amendment of the pro-
ject's land use and zoning designation from Rural Residential A, RR-A zone;
Rural Residential B, RR-B zone; and Rural Residential C, RR-C zone to Planned
Community, PC zone; an associated Old Coach Golf Estates Planned Community
Specific Plan 89-01 concerning the specific types of land uses and maximum
development intensity permitted for the subject project area; and Tentative
Tract Map 89-13 which proposes the subdivision of the project site into 157
lots; and
WHEREAS, Specific Plan 89-01 consist of a plan text with associated graphic
exhibits and a development concept plan; and said document contains property
development standards and special requirements tailored to the specific goals,
objectives, and policies of the General Plan; and
WHEREAS, Specific Plan 89-01 has been prepared in accordance with the appli-
cable provisions of the Poway Comprehensive Plan and is consistent therewith; and
WHEREAS, the subject property consists of Assessor's Parcel Numbers
273-100-10, 11; 273-182-19, 19; 277-010-02, OS, 22, 23; 277-070-24, 27 - 31;
277-071-02-08, 09; and 277-140-01, 06, 23, 24, 26; and
WHEREAS, the City of Poway as lead agency caused the preparation of a draft
EIR (Old Coach Golf Estates Project, SCH #90010015) for the project applica-
tions', completed the environmental document and circulated the draft EIR for a
45 day public review period from March 6 to April 20, 1990; and
WHEREAS, pursuant to recently enacted State legislation (AB 3180) , a mitiga-
tion monitoring/reporting program has been prepared to ensure the successful
implementation of all mitigation measures identified in the final EIR, and said
program is contained in the final EIR; and
WHEREAS, the City Council held a properly noticed public hearing on May 15,
1990 to consider the subject final environmental impact report including the
response to public comments, the mitigation monitoring and reporting program,
the candidate written findings for identified significant effects, and also con-
sidered the aforementioned land use and planning applications in accordance with
the California Government Code and the California Environmental Quality Act; and
WHEREAS, following the closing of said public hearing, the City of Poway as
lead agency and decision-maker, adopted a resolution certifying the final EIR as
complete and adequate for the project applicatlons; and
NOW, THEREFORE be it resolved that the City Council does hereby approve the
Old Coach Golf Estates Planned Community Specific Plan 89-01 subject to all of
the fo 11 owi ng:
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Resolution No. 90-097
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City Council Decision:
The City Council hereby approves Specific Plan 89-01 subject to the
following conditions:
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 recording
the conditions of approval.
2. Review and approval of the clubhouse site plan, architecture,
landscaping, uses, parking, hours of operation and other related items
and uses, shall be subject to the City of Poway development review pro-
cess and subject to the conditional use permit requirements delineated
in the Poway Development Code as they exist today and as they may be
amended later.
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3. Construction of the golf course may commence upon the approval of a
bulk grading plan. Fine grading plans will be submitted and approved
prior to grading activities outside those specifically shown on the
bulk grading plans. The golf course grading shall substantially con-
form to the conceptual grading plan presented as part of this Planned
Community.
4. All requirements of the City of Poway Sign Ordinance, Subdivision
Ordinance and Grading Ordinance shall apply.
5. Regulations for the development of homes shall comply fully with the
amended requirements of the Rural Residential C zone as detailed in
Section VII-A of the Specific Plan Text.
6. The Old Coach Golf Estates project shall be developed in full
compliance with the provisions of the following City documents:
a. City of poway resolution certifying the Final Environmental Impact
Report (SCH #90010015) for the Old Coach Golf Estates project.
b. City of Poway resolution approving Old Coach Golf Estates General
Plan Amendment GPA 90-01A.
c. City of poway ordinance approving Old Coach Golf Estates Zone
Change 90-01A.
d. City of poway resolution approving the Old Coach Golf Estates
Planned Community Specific Plan 89-01 subject to conditions
therein.
e. City of poway resolution approving Tentative Tract Map 89-13 sub-
ject to conditions therein.
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f. City of Poway approval documents and/or entitlements which may be
subsequently adopted by the City with regard to the subject pro-
ject.
7. Within 30 days following the City's approval of the above noted docu-
ments, the developer shall submit for City review and approval Specific
Plan 89-01 to comply with the conditions of approval, including, but
not limited to, modifications to specific plan text/development concept
plan, and the tentative map. Conditions of approval of the specific
plan and tentative map shall be included in the amended specific plan
text. Once approved by the City, the developer shall provide the City
one reproducible original of the specific plan text and associated
graphic exhibits and development concept plan (one reproducible and one
colored original print) and one copy of the text in WordPerfect format
for the IBM computer.
8.. A copy of the Covenants, Conditions and Restrictions (CC&Rs) and/or
Articles of Incorporation of the Homeowners Association and
Architectural Review Committee (if adopted) shalt be subject to the
review for compliance with conditions herein, to the satisfaction of
the City Attorney and Director of Planning Services, and shall be filed
with the Secretary of State, the County Recorder, and the City Clerk
prior to building permit issuance. The CC&Rs shall incorporate, by
reference, the approved Specific Plan 89-01 and shall specifically
identify all development guidelines, conditions, and requirements that
apply to individual lots.
9. The Old Coach Golf Estates Planned Community specific plan and final
map(s) shall be limited to a maximum of 156 numbered lots for single-
family residential development and one numbered lot for the golf
course, for a total of 157 numbered lots. All residential lots shall
be no less than one net acre in size. All open space areas shall be
identified on the final map(s) as lettered lots separate from the num-
bered lots.
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10. The Old Coach Golf Estates Planned Community shall be subject to
Ordinance No. 283 passed by the voters of the City of Poway on November
8, 1988, and adopted by the Poway City Council on December 6, 1988.
Ordinance No. 283 enacted Proposition FF, and said ordinance added, in
part, the following provisions to the poway General Plan and Zoning
Development Code concerning the Old Coach Planned Community.
a. No change to the Old Coach Planned Community Development Plan or
to the poway Municipal Code which would increase the residential
density or increase the commercial or manufacturing use within the
Old Coach Planned Community shall be adopted unless and until such
change is approved by ordinance adopted by the voters of the City
at a special or general election, or approved first by the City
Council and then adopted by the voters in such an election.
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Resolution No. 90-097
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b. In order to preserve the very low density and intensity of deve-
lopment in the Old Coach Planned Community, no property located
within the Old Coach Planned Community shall be rezoned to a zone,
nor shall the Poway Municipal Code or the Old Coach Planned
Community Development Plan be amended in such a way, which would
increase the residential density or increase the commercial or
manufacturing use permitted within the Old Coach Planned Community
until and unless such rezoning or amendment is approved by ordi-
nance adopted by the voters of the City at a special or general
election, or first approved by the poway City Council and then
adopted by the voters of the City at a special or general elec-
tion.
11.
A deed restriction shall be recorded on each lot to the benefit of each
other lot in this subdivision which states that no General Plan
Amendment, zone change, tentative subdivision map or other discre-
tionary land use decision shall be adopted with respect to the property
which would increase residential density or intensity of use or would
permit an industrial or commercial use other than as permitted by
Specific Plan 89-01 unless and until such action is approved by the
voters of the City at a special or general election.
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The developer shall cause to be included as part of each deed of sale,
for each parcel of property sold, a covenant containing the restric-
tions that:
a. Each lot as shown on the approved tentative and final tract maps
for the Old Coach Golf Estates shall be restricted to the use of
one single-family dwelling unit which shall include all those uses
associated with and allowed for under the Poway Comprehensive Plan
and Specific Plan 89-01, and shall exclude any form of commercial,
business, professional, industrial or multi-dwelling use except
for home occupations or those uses currently allowed under resi-
dential zoning in the poway Comprehensive Plan and Specific Plan
89-01 and those commercial or business uses related specifically
to the golf course as designated in the Planned Community Plan.
b. The covenant shall be binding upon all heirs, assigns, or suc-
cessors in interest and shall run with the land.
c. The covenant shall be for the benefit of each and every individual
lot owner or his heirs, assigns, or successors.
d. Each deed of Sale shall contain this covenant.
12. Approval of this specific plan shall not become effective before 30
days after second reading and adoption of the ordinance changing the
zoning classification of this property to Planned Community.
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Resolution No. 90-097
Page 6
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 15th day of May, 1990.
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Don Higginson, r
ATTEST:
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. 90-097 ,was
duly adopted by the City Council at a meeting of said City Council held on the
15th day of May , 1990, and that it was so adopted by the following
vote:
AYES: BRANNON, GOLDSMITH, HIGGINSON
NOES: EMERY
ABSTAIN: KRUSE
ABSENT: NONE
R/R-5-15.J7-42
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RESOLUTION NO. p_90-34
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 89-13
ASSESSOR'S PARCEL NUMBERS 273-182, 18, 19; 273-100-10, II;
277-010-2, 5, 22, 23; 277-070-24, 27 - 31, 277-071-01, 2, 8, 9;
AND 277-140-1, 6, 23, 24, AND 26
WHEREAS, Tentative Tract Map No. 89-13, hereinafter "Map" submitted by
Environmental Development Inc., Bruce Tabb, applicant, for the purpose of sub-
dividing the real property situated in the City of Poway, County of San Diego,
State of California, described as the portion of Section 18, 19, and 30,
Township 13 north, Range 1 west, San Bernardino Baseline and a portion of
Section 24 and 25, Township 13 south, Range 2 west, San Bernardino Baseline into
157 lots where 156 lots are intended for the development of detached single-
family dwellings and one lot is intended for the development of a golf course
with clubhouse, regularly came before the City Council on May 15, 1990; and
WHEREAS, the Director of Planning Services has recommended approval of the
map subject to all conditions set forth in the Planning Services Department
report; and
WHEREAS, the City Council has read and considered said report and has con-
sidered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as
follows: .
Section 1: Environmental Findings:
The City Council finds that the proposed map is a component of the Old Coach
Golf Estates project for which a Final Environmental Impact Report (SCH
#90010015) for the subject project was reviewed and considered by the City
Council on May 15, 1990 and was certified as complete and adequate for the
proposed map by Council resolution. The Final EIR concluded that develop-
ment pursuant to the map would not result in any unmitigated impacts.
Section 2: Findings:
The City Council makes the following findings in regard to Tentative Tract
Map 89-13 and the Map thereof.
1. The tentative tract map is consistent with all applicable general and
specific plans; in that the proposed land use is for single-family
residences and a golf course use in accordance with the goals, objec-
tives, and policies of the General Plan and in compliance with the
adopted Old Coach Golf Estates Planned Community Specific Plan 89-01.
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Resolution No. P-90-34
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2. The design or improvements of the tentative tract map is consistent
with all applicable general and specific plans; in that the number and
configuration of the 157 lots meet the property development standards
and special requirements and conditions contained within Specific Plan
89-01.
J. The site is physically suitable for the type of development proposed;
in that the site is located within an area of predominantly single-
family residential development and that the map has been designed to
substantially observe the natural contours of the landfonn.
4. The site is physically suitable for the density of the development pro-
posed; because each lot meets or exceeds the minimum acreage required
by the development provisions and conditions of approval of Specific
Plan 89-01.
5. The design of the subdivision is not likely to cause environmental
damage or avoidable injury to humans and wildlife or their habitats,
because large tracts of undeveloped land ri chi n natural resources will
be preserved on-site and the conditions of approval and mitigation
measures of the projects' Final EIR assure that any potential impacts
associated with the proposed development will be mitigated.
6. The tentative tract map is not likely to cause serious public health
problems because City water and sewer service will be provided to all
lots within the subdivision.
7. The design of the tentative tract map will not conflict with any ease-
ment acquired by the public at large, now of record, for access through
or use of the property within the proposed subdivision.
8. The effect of subdivision approval on the housing needs of the San
Diego region has been considered and balanced against the public ser-
vice needs of poway residents and available fiscal and environmental
resources. '
9. The design of the subdivision has provided, to the extent feasible, for
future passive or natural heating or cooling opportunities in the sub-
division.
Section 3: City Council Decision:
The City Council hereby approves Tentative Tract Map 89-13 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.
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Resolution, No. P-90-34
Page 3
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APPLICANT SHAll CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOllOWING CONDITIONS:
SITE DEVELDPMENT
1. Site shall be developed in accordance with the approved tentative tract map
(TTM 89-13), the approved final tract map or maps for the project site, the
applicable provisions of Zoning Development Code (Chapter 17.20 PC - Planned
Community Zone), and the approved Old Coach Golf Estates Planned Community
Specific Plan (SP 89-01) all on file in the Planning Services Oepartment;
and, in compliance with the conditions contained within TTM 89-13 and SP
89-01 and further the conditions contained herein.
2. 'Site shall be developed in compliance with all environmental impact mitiga-
tion measures and the mitigation monitoring and reporting program contained
within the Certified Final Environmental Impact Report (Old Coach Golf
Estates Project - State Clearinghouse No. 90010015) on file in the Planning
Services Department.
3. The storage of recreational vehicles on single-family residential lots is
prohibited in the required front yard and the CC&Rs shall state such prohi-
bition. Such recreational vehicle storage shall be in accordance with City
standards and the applicable provisions contained within the approved
Specific Plan 89-01.
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4. The development of the single-family residential lots shall be in accordance
with the amended Rural Residential C property development standards of the
Zoning Development Code as detailed in Section VII A of the Specific Plan
Text and with the conditions contained herein.
5. In order to minimize grading and its effects thereon, single-family residen-
tial lots located on natural slopes between 25 percent and 45 percent gra-
dient shall be developed with multi-level foundations in accordance with
Poway General Plan policies and to the satisfaction of the Planning Services
and Engineering Services Departments. Those lots, by their respective lot
number, shall be clearly identified on the final map or maps. This require-
ment for multi-level foundations shall be contained within each Deed of Sale
for the subject lots and also under the General notes of the Final map or
maps. Development and/or grading within areas of 45 percent and above
natural slope shall be prohibited, except where it is unavoidable in order
to permit reasonable street access to a development area.
6. The developer shall provide appropriate easements along the easterly sub-
division boundary of the project north of Espola Road for the purpose of an
equestrian/pedestrian trail to the satisfaction of the Oirectors of the
Planning, Community, and Public Services Departments. The conceptual align-
ment of the equestrian/pedestrian trail is as shown on the tentative map.
Precise alignment of the trail will be reviewed and considered for approval
by the City at the time final grading plans are submitted. The trail system
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Resolution No. P-90-34
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design and trail improvement plan for the entire project site shall be
incorporated on the final map or maps and final grading plan and shall be
reviewed and approved by the City prior to final map and final grading plan
approval. In addition, the proposed regional trail design shall be coor-
dinated between the Director of Community Services and the Project
Coordinator to the San Dieguito River Park Joint Powers Authority prior to
its depiction on the final map(s) and final grading plan(s).
7. The preliminary engineering design of Old Coach Road improvements, shall be
coordinated with the Directors of Community, Engineering and Planning
Services, and a qualified biologist. Should the Directors of Community and
Engineering Services and biologist determine that the inclusion of a staging
area is both feasible and appropriate, a staging area shall be incorporated
into the final map and the final grading plan. The developer shall coor-
dinate staging area improvements with the City. The staging area should be
adequate in area to accommodate a minimum of five parking spaces of 10' x
40' in dimension.
8. Prior to final grading plan and final map approval, the developer shall pro-
vide the City with a development/construction schedule and time line
(phasing program) for the grading and development of the project site. The
program shall include, but not be limited to grading, public improvements
and utilities, golf course with clubhouse facility, mini park, trail system,
project growing grounds, entry gates to private internal streets, landsca-
ping/ irrigation installation, and open space preservation.
g. Site plans an~ building elevations incorporating all conditions of approval
shall be submitted to the Planning Services Department prior to issuance of
building permits.
10. Approval of this request shall not waive compliance with applicable sections
of the Zoning Development Code and all other applicable City Ordinances in
effect at the time of building permit issuance. Where specific property
development standards and requirements of the Zoning Development Code differ
with the those of Specific Plan 89-01, the standards of SP 89-01 shall take
precedence.
11. Mail boxes and/or parcel delivery areas shall be installed by the developer
according to a plan which is acceptable to both the Post Office and the
Director of Planning Services. The location of mail boxes and/or parcel
delivery areas shall be compatible ~ith the gated entries to private streets
within the development.
12. Roof materials and colors shall be subject to the provisions of Specific
Plan 89-01.
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Resolution No. p_90-34
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13. For all new residential dwelling unit(s), the applicant shall pay develop-
ment fees at the established rate. Such fees may include, but not be
limited to: Pennit and Plan Checking Fees, School Fees (in accordance with
State Law) Water and Sewer Service Fees. These fees shall be paid prior to
final map approval, however, a security deposit may be posted for park,
drainage, and traffic mitigation fees.
14. Street names shall be approved by the Planning Services Department prior to
the recordation of the final map, and street addresses shall be provided
prior to the issuance of building pennits.
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15. A dedicated biological open space easement shall be placed on the riparian
habitat along Sycamore Creek and Thompson Creek to minimize impacts to
biological resources. All riparian habitat impacts shall be avoided to the
extent possible, and any minimal impacts by project development (i.e., Old
Coach Road realignment, golf cart paths, and sewer easement crossings) shall
be compensated by the replacement of habitat lost with native species at a
3:1 replacement ratio, such that there would be no "net loss" of riparian
habitat. The mitigation measures and mitigation monitoring and reporting
program contained in the Certified Final EIRfor this project and any sub-
sequent environmental mitigation shall be adhered to.
16. In accordance with the Certified Final EIR, sensitive biological and
archaeological/cultural resources existing on-site that are to be preserved
shall be identified in the field by certified specialists and protected
from potential disturbance by grading activities. To ensure the optimum
protection of these resources, the final grading plan and final map(s)
shall clearly depict the parameters of these resources and their rela-
tionship to the limits of grading line.
17. The developer shall prepare for City review and approval, prior to final map
approval, detailed grading, engineering improvement, and site development
plans for the golf course lot including the plans for the associated
clubhouse facility. These plans shall address and incorporate the mitiga-
tion measures contained in the Certified Final EIR as well as other mitiga-
tion requirements which may be detennined from the conditions stated herein.
The design of the golf course and clubhouse facility shall address and
incorporate measures to minimize irrigated areas and shall utilize salt-
tolerant and drought-resistant vegetation.
18. The developer shall prepare for City review and approval, a detailed propo-
sal for the use, operation, and maintenance of all proposed entry gates to
private streets within the development. All gated entries shall operate to
the satisfaction of the Safety Services and Sheriff's Departments.
19. The development of buildings and/or structures within the Old Coach Golf
Estates Planned Community Specific Plan 89-01 shall be subject to the
City's planning application and development review procedures as required
\._ by City ordinance and as detennined by the Director of Planning Services.
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20. Development review and minor development review applications for all single-
family residential lots shall be required to include individual lot grading
and landscaping/irrigation plans to the satisfaction of the Directors of
Planning and Engineering Services. Landscaping/irrigation plans shall
comply with the City's adopted guidelines and standards and shall incor-
porate salt-tolerant and drought-resistant vegetation.
21. The lot lines of Lots 1 and 2 shall be adjusted to be coterminus with the
northerly line of the 50 foot wide scenic roadway setback easement adjoining
Espola Road.
LANDSCAPING
1. The property within the tentative map shall be annexed to Landscape
Maintenance District 86-01 prior to final map approval. Prior to final map
approval, the developer may choose to maintain some public areas through a
homeowners' association; however, the owner shall annex into a landscape
maintenance district.
2. In accordance with the City's adopted Landscape Guidelines and Standards,
the developer shall prepare a Master Plan for the landscaping and irrigation
improvements of the entire project site. The Master Plan shall emphasize
water conservation methods and irrigation techniques, the use of salt-
tolerant and drought-resistant vegetation, and a design which minimizes
irrigated areas. Subsequent landscaping/irrigation plans for individual
developments within the project site shall comply with the Master Plan which
must be approved by the City prior to final map approval.
2. A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department 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 where determined necessary for public safety purposes.
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. All landscaped areas shall be maintained in a healthy and thriving con-
dition, free from weeds, trash, and.debris.
5. All developments required to construct public LMD improvements will be
responsible to maintain those facilities for a 12 month period to City
standards.
6. A detailed improvement plan for LMD facilities to conform to the City of
poway Guidelines to landscape development and approved by the Director of
Community Services prior to building permit issuance.
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Resolution No. P- 90-34
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7. Construct all LMD improvements prior to building occupancy.
8. If a homeowners association is used to maintain some public areas within and
'adjacent to the boundaries of the Old Coach Golf Estates, the HOA shall
construct and maintain all public areas to the same standards and improve-
ments required of LMDs.
SIGNS
All signs proposed within the project site shall be designed and approved in
compliance with the adopted Sign Ordinance and the provisions of adopted
Specific Plan 89-01.
RECREATION
1. On lots having a private or public equestrian/pedestrian trail on or adja-
cent to their property, the developer is required to have contained within
the C.C.&R.'s the following statement:
In purchasing the home, I have read the C.C.&R.'s and understand that
said lot is subject to an easement for the purpose of allowing
equestrian/pedestrian traffic.
2. The developer_ shall improve the equestrian/pedestrian trail system in accor-
dance with the adopted trail standards and to the satisfaction of the
Director of Community Services prior to building permit issuance.
3. An open space easement shall be granted to the City over, upon, across and
under the area defined on the final maps as an equestrian/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.
4. Dedicate the Master planned equestrian/pedestrian trails to the satisfaction
of the Directors of Community Services in accordance with the Master Plan of
Trails Element.
5. The developer shall pay the Park Fee at the established rate at the date of
final inspection, or the date of the Certificate of Occupancy, whichever
occurs later, but a security deposit shall be posted with the Engineering
Services Department prior to final ~ap approval.
6. The developer shall improve a local trail between the viewpoint within Lot A
and the adjoining regional trail to the north. Alignment and construction
plans shall be approved by the City.
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ADDITIONAL APPROVALS REQUIRED
1. A temporary use pennit for a sales trailer, if a trailer is so desired by
the developer, shall be submitted to and approved by the Director of
Planning Services prior to the commencement of sales activities.
2. The developer shall display a current Zoning and Land Use Map in the sales
office at all times, and/or suitable alternative to the satisfaction of the
Director of Planning Services.
J. All sales maps that are distributed or made available to the public shall
include but not be limited to trails, future and existing schools, parks,
and streets.
4. A copy of the Covenants, Conditions and Restrictions (CC&Rs) and/or Articles
of Incorporation of the Homeowners Association and Architectural Review
Committee (if adopted) shall be subject to the review for compliance with
conditions herein, to the satisfaction of the City Attorney and Director of
Planning Services, and shall be filed with the Secretary of State, the
County Recorder, and the City Clerk prior to building pennit issuance. The
CC&Rs shall incorporate, by reference, the approved Specific Plan 89-01 and
shall specifically identify all development guidelines, conditions, and
requirements that apply to individual lots.
5. The Old Coach Golf Estates Planned Community specific plan and final map(s}
shall be limited to a maximum of 156 numbered lots for single-family resi-
dential development and one numbered lot for the golf course, for a total of
157 numbered l~ts. All residential lots shall be no less than one net acre
in size. All open space areas shall be identified on the final map(s} as
lettered lots separate from the numbered lots.
6. The Old Coach Golf Estates Planned Community shall be subject to Ordinance
No. 283 passed by the voters of the City of Poway on November 8, 1988. and
adopted by the poway City Council on December 6, 1988. Ordinance No. 283
enacted Proposition FF, and said ordinance added, in part, the following
provisions to the poway General Plan and Zoning Development Code concerning
the Old Coach Planned Community.
a. No change to the Old Coach Planned Community Development Plan or to the
Poway Municipal Code which would increase the residential density or
increase the commercial or manufacturing use within the Old Coach
Planned Community shall be adopted unless and until such change is
approved by ordinance adopted by the voters of the City at a special or
general election, or approved first by the City Council and then
adopted by the voters in such an election.
b. In order to preserve the very low density and intensity of development
in the Old Coach Planned Community, no property located within the Old
Coach Planned Community shall be rezoned to a zone, nor shall the poway
Municipal Code or the Old Coach Planned Community Development Plan be
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Resolution No. P- 90-34
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amended in such a way, which would increase the residential density or
increase the commercial or manufacturing use permitted within the Old
Coach Planned Community until and unless such rezoning or amendment is
approved by ordinance adopted by the voters of the City at a special or
general election, or first approved by the poway City Council and then
adopted by the voters of the City at a special or general election.
7. A deed restriction shall be recorded on each lot to the benefit of each
other lot in this subdivision which states that-no General Plan Amendment,
zone change, tentative subdivision map or other discretionary land use deci-
sion shall be adopted with respect to the property which would increase
residential density or intensity of use or would permit an industrial or
commercial use other than as permitted by Specific Plan 89-01 unless and
until such action is approved by the voters of the City at a special or
general election.
The developer shall cause to be included as part of each deed of sale, for
each parcel of property sold, a covenant containing the restrictions that:
a. Each lot as shown on the approved tentative and final tract maps for
the Old Coach Golf Estates shall be restricted to the use of one
single-family dwelling unit which shall include all those uses asso-
ciated with and allowed for under the Poway Comprehensive Plan and
Specific Plan 89-01, and shall exclude any form of commercial, busi-
ness, professional, industrial or multi-family use except for home
occupations or those uses currently allowed under residential zoning in
the poway Comprehensive Plan and Specific Plan 89-01 and those commer-
cial or business uses related specifically to the golf course as
designated in the Planned Community Plan.
b. The covenant shall be binding upon all heirs, assigns, or successors in
interest and shall run with the land.
c. The covenant shall be for the benefit of each and every individual lot
owner or his heirs, assigns, or successors.
d. Each deed of Sale shall contain this covenant.
APPLICANT SHAll CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOllOWING CONDITIONS:
GRADING
1. If the final map is recorded in phases, the Director of Engineering Services
shall have the ability to require construction or improvements, utilities,
grading, and other work and/or dedications outside the phase being recorded,
if they are deemed necessary to provide property access, drainage, cir-
culation, or other public services to the phase being recorded.
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2. Prior to commencement of grading, all open space easements and common open
space lots (lettered lots) as designated on the approved tentative map shall
be protected from grading by means acceptable to the City and a qualified
biologist pursuant to Condition No. 13 of General Requirements and
Approvals. Said protection may include temporary chain link fencing. Upon
removal of the protection at completion of bulk grading, the developer shall
install a low level marking ~ystem to designate those open spaces.
3. Erosion control, including, but not limited to desiltation basins, shall be
installed. The developer shall make provisions to insure the proper main-
tenance of all erosion control devices throughout their intended life.
4. The tops and toes of all graded slopes shall be constructed with a five foot
minimum setback from any open space area.
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. 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 dwelling unit and for each future building site within
the subdivision.
7. 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.
B. A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading 'plan check.
9. 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 recordation of the final subdivision map or issuance of building
pennit, whichever comes first.
10. A pre-blast survey of surrounding property shall be conducted to the satis-
faction of the Director of Engineering Services 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 Director of Engineering
Services.
11. The proposed golf course has been designated as a possible oversized rock
disposal area. The developer shall submit proposed rock disposal methods
and alternative grading methods prepared by a geotechnical consultant to the
City of poway for review and consideration. Said proposal shall make ade-
quate provisions for sub-surface drainage, mass stability, and for preven-
tion of migration of fine soils particles within the rock disposal area.
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12. All grading within the residential lots and within building areas of the
golf course lot must be performed in compliance with City standards and
practices.
13. Non-supervised nor non-engineered fill is specifically not allowed. Rock
disposal areas in the golf course shall only be graded in compliance with
City-approved soils investigations and recommendations and grading plans.
STREETS AND SIDEWALKS
1. Developer shall install curb and gutter and any necessary drainage facili-
ties required to terminate Indian Canyon Lane. The developer shall bring
about the vacation and restoration, removal of surface improvements and
regrading to natural, of any of these areas that may no longer be needed as
roadway.
2. Bridges to be constructed wi thin the City right-of-way, easement, or i rrevo-
cable offer of dedication, shall be constructed to the satisfaction of the
Directors of Engineering and Planning Services. '
3. Developer shall install a cul-de-sac with a 38 foot minimum radius at the
end of all private roads.
4. Developer shall remove the private forced sewer mains in Del Paso Drive and
tie those individuals on Del Paso Drive into the public gravity flow sewer
system at no cost to the property owners.
5. All interior rural local private roads shall be constructed with 24 feet of
pavement, asphalt curb, on both sides, with a minimum 40 foot easement.
6. All interior Rural Collector Private Roads and the private portion of Old
Coach Road as shown on the tentative map shall be constructed with 26 feet
of pavement, and asphalt curb on both sides in a 52 foot easement.
7. Developer shall install half-width street improvements to Espola Road along
the property's frontage. Said half-width improvements shall be a minimum of
41 feet of paving within 51 feet of right-of-way from the westerly boundary
to a point 250 feet east of Old Coach Road. Half-street improvements may
then transition to 37 feet of paving within 47 feet of right-of-way with an
adequate transition to existing roadway at the project boundary.
8. The developer shall acquire an encroachment permit for any private improve-
ments placed within the public right-of-way.
9. Direct rights of access to Espola Road and Old Coach Road shall be
relinquished on the final map except as allowed at private road intersec-
tions.
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10. All interior and exterior public streets shall be constructed to public
street standards.
11. Sidewalks 4.5 feet In width shall be required on one side of Old Coach Road
(public portion).
12. Reciprocal access and maintenance and/or 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
Servi ces.
13. Street striping and signing shall be installed to the satisfaction of the
Director of Engineering Services.
14. All street structural sections shall be submitted to, and approved by the
Director of Engineering Services.
15. 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.
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17. All exterior street improvements shall be constructed prior to issuance of
building permits, to the satisfaction of the Director of Engineering
Services.
18. Street 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.
-f.
---X-g.
-h.
Cross gutter
Alley gutter
Street paving
Alley paving
shall be constructed prior to the occupancy of the units to the satisfac-
tion of the Director of Engineering Services.
19. All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced prior to exoneration of bonds and improve-
ments, to the satisfaction of the Department of Public Services.
20. 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.
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21. Street improvements and maintenance shall be made in accordance with City
Ordinance standards for semi-rural streets Local Collector - Old Coach Road.
Sidewalk on one side of Old Coach Road (public portion) shall be required in
addition to concrete curbs and gutters on both sides.
22. 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, but a security deposit shall be posted with
the City's Engineering Services Department prior to final map approval. The
Old Coach Road and Espola Road traffic signal installation will be credited
toward the projects Traffic mitigation Fees.
DRAINAGE AND FLOOD CONTROL
1. Developer shall clearly label those areas designated as floodway and
floodplain on the final map. These areas shall be detennined from an analy-
sis of the 100 year flood in accordance with the San Diego County hydrology
manua 1 .
2. Developer shall analyze the potential inundation areas due to Ramona Dam
failure prior to approval of the final map. All residential lots or por-
tions of residential lots located within the flood inundation area shall be
delineated on the final map and a notification shall be contained in the
deeds of sale of each of these lots.
3. Intersection drains will be required at locations specified by the Director
of Engineering Services and in accordance with standard engineering prac-
tices.
. 4. The proposed project falls within areas indicated as subject to flooding and
is subject to the provisions of the City Ordinance.
5. A drainage study shall be perfonned by the developer to ensure that the pro-
ject drainage system is capable of handling and disposing of all surface
water originating within the subdivision, and all surface waters that may
flow onto the subdivision 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. The
design, function, and maintenance of the drainage system shall be in
compliance with the project certified Final EIR.
6. Portland cement concrete cross gutters shall be installed where water
crosses the roadways. .
7. Concentrated flows across driveways and/or sidewalks shall not be pennitted.
UTILITIES
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.
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2. Utility easements shall be provided to the specification of the serving uti-
lity 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. 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 prior to submittal of
improvement plans. The analysis shall be subject to environmental review so
that the potential environmental impacts in the areas of growth inducement
and cumulative effects can be adequately addressed. The environmental
review of the analysis shall be completed and approved by the City prior to
final map approval.
7. The applicant shall, within 30 days after receiving approval of the ten-
tative tract map, 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.
8. Developer shall construct a public street light system on all public streets
and intersections, 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.
9. Cable television services shall be provided and installed underground. The
developer shall notify the Cable company when trenching for utilities is to
be accomplished.
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Resolution No. p_90-34
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All existing cable television utility and access easements shall be shown on
the final grading plan and final map(s). The developer shall coordinate the
relocation of existing utilities with the cable company prior to final map
approval and/or the commencement of on-site grading operations.
Sewer
1. A detailed sewage collection and distribution system/improvement feasibility
study shall be prepared by the applicant and approved by the Engineering
Services Department prior to final map approval. The feasibility study
shall be subject to environmental review so that the potential environmental
impacts in the areas of growth inducement and cumulative effects can be ade-
quatelyaddressed. The environmental review of the feasibility study shall
be completed and approved by the City prior to final map approval.
2. Developer may be required to construct off-site improvements as needed to
maintain or attain City of poway sewage disposal standards. Such improve-
ments may include, but not be limited to, upsizing or replacing sewer mains
and/or upgrading pump stations to current standards involving pump capacity,
controls, monitoring system and/or odor control.
3. Individual sewer pump systems will only be allowed in circumstances of
extreme impact on grading. The sewer system and the pad locations shall be
designed to provide gravity flow to public sewer mains wherever possible.
The sewer system and project layout shall be designed to minimize the number
of public pump stations necessary. The sewer system and project layout
shall be designed to minimize the number of public and individual pump sta-
tions necessary.
Water
1. A reclaimed water system, consisting of pump stations, distribution and
transmission mains, reservoirs, and appurtenances to the City of poway stan-
dards and policies in effect at the time of improvement plan submittal,
shall be sized to meet the needs for the North Poway basin and installed for
landscaping and irrigation to the satisfaction of the Director of
Engineering Services. Prior to final map approval for each phase, a deed
covenant shall be recorded requiring property owners to agree to join and
participate in a future water reclamation district. Also, the water plans
shall be reviewed and approved by the California State Health Department
prior to final map approval. The system shall be sized to irrigate private
residential lots. Laterals to each lot shall be installed, capped, and
clearly identified. Use of reclaimed water on individual lots shall be
encouraged through design of the reclaimed water system, but shall not be
mandatory as a condition of the map.
2. For any portion(s) of the sewer, water, reclaimed water, or public drainage
system and appurtenances that will be installed at a location other than a
public street, an easement of 20 feet minimum width, shall be dedicated to
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the City of Poway. Multiple parallel facilities will require additional
easement width. Dedication shall be offered on the final map for on-site
facilities and by a separate document for off-site facilities, which shall
be recorded prior to final map approval.
3. All publiC utility lines (i.e., water, sewer, drainage) not located within
public or private streets shall have an improved access over and along their
respective easement; the surfacing and width shall be acceptable to the City
Engineer.
4. Developer shall perfonn a ground water hydrology analysis to detennine the
feasibility of the use of ground water until reclaimed water is available.
The said analysis and any associated system design and/or system improvement
plan shall be completed to the satisfaction of the Director of Engineering
Services, and submitted to the Director of Engineering Services for review
and consideration. Prior to City approval, the ground water hydrology ana-
lysis, system design and/or system improvement plan shall be subjected to
the,City's environmental review process, and prior to Final map approval the
implementation of said analysis, design and/or improvement plan shall be
guaranteed. Groundwater shall not be used without the prior approval of the
City Council.
5. In the event of a water shortage, the water supply to the course shall be
classified as interruptible agricultural.
Traffic Signal
A traffic signal at Espola Road and Old Coach Road shall be designed and a
security posted prior to final map approval. The signal shall be installed
and accepted by the City of poway prior to issuance of a building pennit for
the golf course clubhouse facility or prior to issuance of the 41st residen-
tial building pennit, whichever occurs first. The cost of the installation
of the traffic signal shall be credited toward the traffic mitigation fees
required of this project.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Provide emergency vehicle access from Old Coach Way to Highland Valley Road,
unless access has already been provided by other finaled subdivision maps.
2. All gates shall meet current electrically operated access gate policy
including "Knox" key override switclr and "Opticom" traffic control detec-
tion.
3. All residential lot development within the project with a response time of
greater than five minutes shall be protected by a residential fire sprinkler
system. Upon completion of roadway constructions, each road will be tested
by the Fire Department to detennine actual response time.
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4. All rural roads should be considered for a minimum width of 24 feet and all
residential rural roads shall be posted with "NO PARKING - EITHER SIDE"
signs.
5. All lots with driveways in excess of 150 feet shall be provided with ade-
quate space to meet fire apparatus access road turnaround requirements.
6. For all lots accessed by roadways or driveways constructed with slopes
exceeding 15 percent grade or less than 16 feet in width, the new home shall
be protected by a residential fire sprinkler system.
7. Roof covering shall meet Class A fire retardant testing as specified in the
Unifonn Building Standards No. 32-7 for fire retardant roof.
~. Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street or the address
shall also be posted at the entrance driveway to each home when the home
cannot be adequately seen from the street by emergency personnel. Said num-
bers shall contrast with their background. Minimum height of address num-
bers shall be four inches.
9. Fire hydrants will be required throu9hout the project with a maximum spacing
of 500 feet to each building pad/home. All fire hydrants to be located by
the City Fire Marshal. A new fire hydrant shall be installed on-site at
Fire Station No.2.
10. Plans for the improvement of single-family residential lots, the golf
course, and the golf course clubhouse facility shall be submitted to and
approved by the Department of Safety Services prior to the issuance of a
building pennit and construction.
11. The CC&Rs shall reflect property owners responsibility for maintenance on
wildland fuel mitigation in interface arl!as. The Homeowner's Association
shall be required to maintain the Wildland Fuel Mitigation Plan.
12. The developer shall prepare for City review and approval a Wildland Fuel
Mitigation Plan to minimize any potential threat of spread of fire from the
proposed buildings and the open space easements. This plan shall be in
compliance with the City of Poway's adopted Guide to Landscape Requirements
and Landscape Standards (November, 1988) to the satisfaction of the
Directors of Safety Services, Planning Services, and Community Services
prior to building occupancy. .
13. Prior to delivery of combustible building materials on-site, water and sewer
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems. In addition, the first lift of asphalt
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paving shall be in place to provide adequate, permanent access for emergency
vehicles. The final lift of asphalt shall not be installed until all other
construction activity has been substantially completed to the satisfaction
of the City.
14.
The developer shall provide/install emergency access gates at the south end
of Tam O'Shanter Drive in the vicinity of Lot 18 and the south end of Boca
Raton Lane in the vicinity of Lot 53.
15.
Due to the increased traffic along Old Coach Road and the need to limit Fire
Station activities on-site, the applicant shall redesign/realign Old Coach
Road to the east of the Fire Station. The roadway al;gnment shall be raised
and moved a minimum of 24 feet east to provide a better angle of departure
from the driveway and for backing a fire truck into the station, without
having to drive onto Old Coach Road. Applicant shall reconstruct all impro-
vements and driveway. Landscaping shall be provided as necessary.
Department of Safety Services shall review the final design of the golf
course. Concerns for public safety and damage by golf balls of City and
personal property are to be considered.
16.
APPLICANT SHALL CONTACT THE COUNTY SHERIFF'S DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. The City Water Authority Aqueduct easement shall be visible to passing
patrol units at Espola Road.
2. Natural and/or planted vegetation between Roads A and D, as shown on Ten-
tative Tract Map 89-13, and the existing residential lots within the adja-
cent Stoneridge Estates development, shall be kept low tril1111ed (under three
feet) and any trees must be kept high tril1111ed (over five feet), for visibi-
lity by deputies.
3. Prior to the issuance of building permits, the developer shall enter into an
agreement with the City of Poway to establish the developer's fair-share
contribution toward the purchase of the "OPTICOM" emitter for marked law
enforcement vehicles.
4. The mini-park shall be closed each night at dusk; low-pressure sodium lights
should be installed to discourage activity after dark; trees should be kept
high-tril1111ed (over five feet) and shrubs should be kept 10w-tril1111ed (under
three feet) for easier visibility by patrol deputies.
5. All street signs shall be lighted in accordance with the requirements of the
Specific Plan and meet all City standards. Street names shall not be over
three words of 40 letters in length for facilitation of dispatching
emergency vehicles to the area. Avoid repetition of street names or similar
sounding street names, i.e., Oak Drive, Oak Place, Oak Avenue, Oak Circle.
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6. Prior to the issuance of building permits for new home construction in the
development, the Poway Sheriff's Crime Prevention Unit will be provided with
the site plans, landscaping plans, fencing/wall plans and blueprints for
each home in order to recommend measures to enhance the security of each
residential unit in the development.
GENERAL REQUIREMENTS AND APPRDVALS
1. Any work within the aqueduct easement will require written permission from
the County Water Authority.
2. Applicant shall delineate all public and private easements on the final map.
3. Additional "Knox" type locks and keys for all gates within this development
shall be supplied for the Public Services Department for Operations access
to and maintenance of public facilities.
4. Applicant shall adhere to those mitigation measures and mitigating moni-
toring and reporting program as stated in the Certified Final Environmental
Impact Report and those conditions included in Specific Plan S9-01 as
adopted by the City Council. In the event of confli cts, the Resol ut i on of
Approval for the tentative tract map shall take precedence over the
Certified Final EIR which shall take precedence over the specific plan.
5. Developer shall meet all the applicable State or local regulations governing
the construction and installation of the man-made lakes.
6. Developer shall enter into an agreement with the City of San Diego to pay
their fair share costs of the construction of dual left turn lanes for the
southbound approach of Pomerado Road and for the east bound approach of
Rancho Bernardo Road at subject intersection. Agreement is required prior
to final map approval. '
7. All operations conducted on the premises, including the warming up, repair,
arrival, departure, or running of trucks, earthmoving equipment, construc-
tion equipment, and any other associated equipment, shall be limited to the
period between 7:00 a.m. and 5:00 p.m. each day, Monday through Friday, and
no earthmoving or grading operations shall be conducted on the premises on
Saturdays, Sundays, or legal holidays. Any requests for work on Saturdays,
Sundays, or legal holidays must be submitted in writing 72 hours prior to
work. Additional inspection fees shall be paid in advance of approval.
S. The developer shall make an irrevocable offer of dedication for all private
road easements as shown on the tentative map. Said 100 shall be recorded as
part of the final map, rejected by the City council, and held open for
future acceptance at the City Council's discretion.
9. Developer shall make the necessary dedication, if any, to attain the
necessary street right-of-way on Espola Road.
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10.
Developer shall provide improved access and easements from public right-of-
way to adjacent properties with existing easements through the development.
The developer must obtain quitclaim deeds from all holders of easements
which are in conflict with the development plans. In the event that
quitclaim deeds are unattainable, the City must help the developer to remove
easements.
11.
The developer shall provide the City of poway with copies of all digitized
topographic and improvement data reflecting initial conditions and as-built
conditions of the development.
12. Regulatory pennits from local, state, and federal agencies shall be obtained
by the developer, as required in the Final EIR for the project.
'13. Prior to the issuance of grading pennits, the developer shall consult with
the City and a qualified biologist in order to develop a plan for the long-
tenn preservation and protection of all biological open space areas, ease-
ments, and lots within the project site, as shown on the tentative map. The
City shall ensure that all ground disturbance activities will be prohibited
within open space areas and such prohibition shall be clearly stated on each
Deed of Sale and within the project CC&R's.
14. Final parcel and tract maps shall confonn to City standards and procedures.
15. All provisions of the Subdivision Ordinance of the Poway Municipal Code
shall be met as they relate to the division of land.
16. Prior to final map approval, all dedications shall be made and easements
granted as required above.
17. This tentative map approval shall not become effective before 30 days after
second reading and adoption of the ordinance changing the zoning classifica-
tion of the property to Planned Community (PC). An application for time
extension must be received 90 days prior to expiration in accordance with
the City's Subdivision Ordinance.
18. All public utility systems including sewer, water, and reclaimed water
systems shall be designed and constructed to serve the ultimate development
of the surrounding areas. These facilities shall include requirements for
off-site improvements as necesary to connect to existing facilities and the
extension of improvements to the boundaries of the project. Any supplemen-
tal improvements and additional sizing, beyond that which is necessary to
serve the project shall be reimbursable to the extent pennitted by the poway
Municipal Code.
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Resolution No. P- 90-34
Page 21
499
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 15th day of May, 1990.
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Don Higginson, Mayorf-/'
ATTEST:
STATE OF CALIFORNIA )
) ss.
COUNTY' OF SAN DIEGO )
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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-90-034, was
duly adopted by the City Council at a meeting of said City Council held on the
15th day of Mav , 1990, and that it was so adopted by the following
vote:
AYES: BRANNON, GOLDSMITH. HIGGINSON
NOES: EllERY
ABSTAIN: KRUSE
ABSENT: NONE
R/R-5-15.1-19B