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Covenant Regarding Real Property 1999-0098461 ...<--..... -. . ",;; RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 No Transfer Tax Due DOC -,999-0098461 ) FEB 18, 1999 8:16 AM l 3 0 5'7 OFFICIAL RECORDS ) SAN DIEGOClJUNTY RECORDER'S OFFICE ) GRffiORY J. SMITH, COOOY RECORDER ) FEES: 0;00 ) ) .) ) ) ) (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY poway Redevelopment Ag(3ncy ("OWNER" hereinafter). is the o.wner of real property described in it Exhibit A which is attached hereto and made a part hereof and which'is commonly known ascAssessor.'s ~ Parcel Number 317 ~?21-02, 03, 04.("PROPERTY" hereinafter). In consideration of the approval of Conditional ~USeperinit 98-09 and Development Rev.iew 98-34 by the City of Poway ("C. ITY" hereinafter), OWNER hereby agrees to abide.by'conditions of the,attached resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure to the benefit ofthe future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that Conditional Use Permit 98-09 and. Development Review 98~34 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY In the event of litigation to e.nforce the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 Dated: f) hJ- ferel ,,' ., Dated: 2/9/98 \, edeveiopmentAgericy, (Notarize) CITY OF POWAY By f2.- t/:lK ~ CAtIFORNIA ALL.PURPOS*'CKNOWLEDGMENT . State of C2.o.. \ \ If'v~n \' 0...--- County of S'o.V\ P;Q5n On 'f,,-\;, I<..~Q.~,,, I;;;),) lq~before me, 'li' N,m,"odT,Ueof Offi,,,(,.g""J'ooDoe, personally appeared 0a.VV\12.s' L. 'Row Q.~O v..... Name(5) of Signer(s) 3058 taryPublic") Uc. / 0"personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person<sr whose name(ilj is/8f'e-Subscribed'to the within instrument and acknowledged to me that helsi'leitReJ executed the same in his!i'le~4i'leir:authorized capacity(iasT, and that by his/hef.'tRcir signaturev-l on the instrument the perso~), or the entity upon behalf of. which the personW acted, executed the instrument. r - A ~ - c=~f~~ -1 i ~. NotcJy PubDc - CoifomJa S San Diego County - i _ _ _ _ ~c~m:~k:':'~ 1 WITNESS my hand and official seal. ~g~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: c:..oVQ V\ctv\\ Document Date: ;;2-\~.qq Ke~al2.Di"~ Rea L ~+j Number of Pages: Signer(s) Other Than Named.Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other" Top of thumb here RIGHT~THUMBPRINT OF SIGNER o Individual o Corporate Officer Title(s): o Partner -0 Limited 0 General o Attorney-in-Fact o Trusjee o Guardian or Conservator o Other" Top of thumb here RIGHT THUMBPRINT, OF SIGNER Signer Is Representing: Signer Is Representing: C 1994 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Pari<., CA 91309-7184 Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 . ~59 EXHIBIT A LEGAL DESCRIPTION' Parcel A 1 The West' 1 70 00 feet of the East 513 40 feet of the South Half of the Northwest Quarter of the Southwest Quarter of Section 14, Township 14 South, Range 2 West, San Bernardino Meridian, iC1 the City of Poway, County of San Die'go, State of California, according to the Official Plat thereof Excepting therefrom the South 330 00 feet thereof Parcel A2 An easement and right of wa~y for road, sewer, water, gas, power and telephone lines and appurtenances thereto over, under, along and across the Northerly 30 00 feet of the Southerly 360 00 feet of the Easterly 343 40 feet of the South Half of the Northwest Quarter of the Southwest Quarter of Section 14, Township 1-4 South, Range 2 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of California, according to Official Plat thereof Parcel B 1 The South Half of the Northwest Quarter of the Southwest Quarter of Section 14, Township 14 South, Range,2 West, San Bernardino Base and Meridian, in the City of Poway, County of San DiegD, State Df California, accor'ding tD United States Government Survey, approved September 11, 1879 Excepting therefrom the South 33000 feet thereof Also Excepting therefrom that portion lying Westerly of the Easterly 343 40 feet thereof Also Excepting therefrom the East 33 00 feet thereDf, as disclosed by Final Order of CondemnatiDn recorded March 3, 1981 as File No 81-064580 and also recorded October 14,1981 as File No 81-325912,both of Official Records. And Also Excepting therefrom,all Dil, mineral and hydrDcarbon substances in and under the herein described land lying below a depth 500 feet from the surface thereof and with no right of surface entry, as granted to West Coast Oil Co by Deed recorded November 10, 1986 as File No 86-514723Df Official Records, Par,cel B2. The Southerly 330 00 feet of the Northwest Quarter of the Southwest Quarter of Section '14, Township 14 South, Range 2 West. San Bernardino Meridian, in the City of Poway, County of 'San Diego, State of California, according to Official Plat thereof, Excepting the Westerly 924 00 feet thereof Excepting that portion lying Easterly of a line that is parallel with and 33 00 feet Westerly of a center line described as fDllDws BegiC1ning at the intersection of PDway RDad, Road Survey 1013, and PDmerado RDad, Road Survey 1859-2, said Road Surveys on file in the Office of the County Engineer Df said County, said intersectiDn having coordinates North 286,619 64 and East 1,751,01'5 65in terms of the California Coordinate System, Zone 6, thence along the cenierline of said PDmeradD Road with bearings and distances in terms of said coordinate system North 0004.7'22"'East, 182958 feet, thence NDrth 00007'46" East. 2658 36 feet. thence North 00049' 48" East. 3505 34 feet, thence North 01 018' 08" East, 1918 90 . 3060 . Order No 98102431 feet, thence North 01003'50" East, 955 47 feet to the .beginning of a tangent 170000. foot radius curve, concave Easterly; ,thence Northerly along the arc. of said curve through a central angle of. 44025,'C)3", a distance of 1317 89;feet.. thence tangent to said curve North 45028'53" East,. 1 98 39 feet to the beginning of a tangent 2000 00 foot radius curve, concave Westerly, thence Northerly along the arc of said. curve through a central angle of 400'1"6' 34", a distance of 1405 90'feet;, thence tangent to said curve North 05012' 19" East, 792 94 feet to the beginning of a tangent 3000 00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through a centr.al angle of 3004' 38", a distance of 1 61 12 feet; thence tangent to said curve North 02007' 41" East, 1 953 09 feet, thence North 01 023;41" East, 608 10 feet to the 'beginning of a tangent 300000 foot radius curve, concave Westerly, thence Northerly along the arc of said curve through a central angle of 8026'29", a distance of 441 99 feet, thence tangent to said curve North P02'48" West, 404 35 feet to the beginning of a tangent 2500 00 foot radius curve, concave Easterly; thence Northerly along the arc of said curve through a central angie of 9042'20", more or less, a distance of 423 48 feet, more or less, to a point in the Rancho San Bernardo boundary line said point having coordinates North 304,825 49 and East 1,752,479 69,said point being the Point of Terminus Assessor's Parcel No 317-52".02,03and 04 EXHIBIT A . : ~:.... ...... r .,; "'-- ( .. EXH-I'BIT B r~- 3061 \. RESOLUTION NO P- 99-13 A RESOLUTIONOFTHE CITY COUNCIL OF THE CITY OF PO,w/i.v, CALIFORNIA APPROVING CONDITIONAL USE,PERMIT 98-09 AND DEVELOPMENT REV'IEW 98-34 ASSESSOR'S PARCEL NUMBER 317-521-02,03,04 WHEREAS, Conditional Use Permit 98-09 and Development Review 98-34 were submitted by Brookview Senior Housing Partners, fqrthe: purpose of constructing 102 affordable senior apartments on a6 7 acre site located at 13150 Pomerado Road, in the Commercial Office zone; and WHEREAS, on Febru;:fry 9, 1999, the City Council held a duly advertised public 'hearing to solicit comments frOm the public, both pro and con, relative to this application; and WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the ~O-day'period to protesjth_eimposition of any fee, dedication, reservation, or other exaction described in lhisresolutionbegins on the effective date of this resolution and any such. protest must be in a manner that complies with Section 66020. NOW, THEREFORE".the'City Council does hereby resolve as follows; Section 1. Environmental Findings: The City Council. fin(js that the previously issued Negative Declaration with mitigation for Specific Plim98-02, adequately address the potential environmental impacts of the proposed development. Section 2: Findinas: Conditional Use Permit 98-09 1 The project is consistent with the General Plan and the,Affordable Housing Overlay which designate certain sites for the construction affordable multi- family housing. This site was designated for affordable senior apartments. 2, Thatthe location, size, design, arid operating characteristics of the use will be compatible with and will riot adversely affect or be materially.detrimental to adjacent uses, buildings, structures, or natural resources, in that the project is being located on a property'which is adjacent to a major street (Pomerado Road) and which meets all ofthelocational criteria for affordable housing. 3 That t~e harmony in scale, .bulk, coverage, and density is consistent with adjacerit uses, because the site will be developed with facilities and .buildings which have been designed to be compatible with surrounding structures, Ie (e 3062 Resolution No. P- 99-13 Page 2 4. Thatthere are available public,fatilities, services, and utilities, because the use will be located in a development where all necessary facilities are already in place. 5; That there will not be a harmful effect upon desirable neighborhooQ characteristics, in that the facility isdElsigriated for senior apartments only 7 That thegel1era1ion of traffic will not adverselyiillpact the surrounding streets and/or the.{~itY:s'Transportation Element, in that the use, will operate in an area where eXisting street improvements and off-street parking will be adequate'given'the scale of the proposed use. 8 That the site is suifable for the typeand,intensityof the use~ in thC!tit is an area designated for commercial, public and semi-public uses due to its location on 'a major street. 9 That there will notbe significant harmfui;effec;,ts upon environmental quality and natural resources, in that the developmel)twiilbe required to Jestore and enhance,t~ehatural drainage channel aridJo revegetate the site with native plantsalbfigtheriparian corridor The la.nds<;;ape plan indicates the intent to plant a larg'e,niJrnber and variety oftrees in an effort to retain the:original wooded character oUhe site. 10 That there are no other relevant negative impacts of the development that cannot be mitigated, Development Review 98-34 1 The deveiopment will not have an adverse aesthetic, health,safety, or architecturally related impact upon adjoining properties, because tl:1e buildings:havebeen designed in accordance with the wishes and guidance of the neighborhood focus group. 2. The development encourages the orderly and harmonious appearance of structure and property within the <city through its consistency with the City of Poway 'development' standards. Section 3; City'Council Decision: The CityCouncilihereby approves Conditional UseoPermit 98-09 and Development Review 98-34 subject to the following conditions: ,. . 3063 (--. , Resolution No. pc99-13 Page 3 Within 3-0 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. 1 The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of the surrounding residential and commercial uses. 2. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address concems that may have occurred during the past year. If the permit is not in compliance V'ith the conditions of approval, or the Planning Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification or revocation of the use permit. SITE DEVELOPMENT 1 Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 3. Approval of this request shall not waive compliance with Specific Plan 98-02, the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 4 All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. 5 The applicant shall comply with the latest adopted Uniform Building Code, Uniform l'y1echanical 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. 6. Trash receptacles shall be enclosed within a six foot high masonry wail with view- obstructing gates pursuant to City standards. Location shall be subject to approval by the Planning 'Services Department. re 3064 (. Resolution No. P- 9 9-13 Page 4 7 A decorative noise attenuation wall shall be constru<;ted in compliance with an acoustical. study completed by a qualified noise consultant. The findings of the study ~hall be applied to building design features which: are shown to be necessary to reduce adverse impacts of street noise from Pomerado Road to an acceptable, level. 8. Prior to any use of the project site or business activity being commenced thereof, all conditions of approval contained herein shall be'completed to the satisfaction of the Director of Planning Services. 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. PARKING AND VEHICULAR ACCESS \ I 1 All parking lot landscaping shall include a minimum of one 15 gallon size tree for every three 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 curb. 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 buildings on adjacent lots. 3. All parking spaces shall be double striped. The parking lot design shall comply with the Americans with Disabilities Act, Le, 1 :25 ratio.for accessible spaces with at least one van accessible:space. LANDSCAPING 1 A detailed landscape and irrigation plan shall be submitted to and approved by the Planning Services IJepartment prior to the issuance of building permits. Plans shall be prepar!'ld in accordance with theCitvof Poway Guide to Landscaoe Requirements (latest edition). 2. All landscaped areas. shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. 3. StreeHrees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway Guide to Landscape Requirements and shall be planted at an average of 30 feet on center spacing along all streets. 4. Landscaped areas within the adjacent public iight'-of-way shall be perma'nently and fully maintained by the owner. . (:. '3065 Resolution No, P-99-13 Page 5 5 All work within and immediately adjacent to tbe stream is subject to review and permitting by the California Department of Fjshand Game, U.S Army Corps of Engineers and the Regional Water Quality Control Boarcl, Permits shall:be obtained from these agencie~'prior to the start of any work within the creeK. I SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. COMPLIANCE WITH THE:FOLLOWING CONDITIONS IS REQUIRED; COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. Roof covering shall.be, fire retardant as per UFC. Section 3203(e) and City of Poway Ordinance No. 64. 2. The buildingshalldi~pl~ytheir numeric address in.a;manner visible ,from the.access street. Minimum size ofthe building numbersshalrbe 18 inches on. the front facade of the building, Building adqress shall also be displayed on the roof iha manner satisfactory to,the DireCtor of Safety Services, and meeting Sheriff Depaitment's ASTREA criteria. 3. Every building' hereafter constructed shall be accessible to Fire Depar!rnent apparatus by way otaccess roadways with all-weather driving surface,of'hot less than 20 feetofunobstructed width, with adeqllat~ roadway turning radius capable of supporting the imposed loads of fire appa,ratus, having a minimurnof 13:.6" of vertical clearance. The road surface type shall be apRroved by the City Engineer, pursuant to the Citydf'Poway Municipal Code. . 4 The buildings Will be required to install an approved fire sprinkler system meeting P:M.C. requirements. The entire system is tp o.emonitored by a central monitoring company. System post indicator valves'with tamper. switches, also monitored, are to be iocated by the City Fire Marshal prio'r to installation. 5. An autoriJatic fire alarm system shall be installed to approved standards by a properly licenseq cqntractor. Systemshall be completely monitored by aU.L. listed central station-alarm company or proprietary remote station. 6~ A hood 'and dQcteXtinguishing system shall be installed for all cooking facilities within the kitche.h area of the recreation building. Plans to be submitted and approved, prior to installation. -. i. 3066 . (~olution No. P- 99-13 ....age 6 7. A 'Knox' SecurityKey box shall be requiredforthe bllildingat'a IOeation determined by the City Fire: Mcl~hal. A 'Knox' padlock shall be required for the fire sprinkler system Post Indicatqr Valve. . 8. Fire Department acc;essfor use of fire fighting equipment shall be provided to the immediate job construction ,site at the start of construction and maintained at all times until construction is. completed. . 9 Permanent access roadways for fire apparatus shall'pedesignated.,as 'Fire Lanes' with appropriate' signs and curb markings. 10. Minimum 2A.1 OBC.fire extinguisher(s) are requiredJor3,OOO square feet and 75' of travel distance. 11. If elevators are installed, at least one shall be sized to accommodate a normal hospital gurney. Mihimum dimensions orthe inside car platform shall be,6'8"wide by4'3" deep. 12. The addition of on-sitefirei,hydrants is required. The location of the hydrants shall be determined by the' Gity Fire Marshal. 13. Prior to deliveryof'combustible building material on,site; water and sewer systems shall satisfactori.lypass all required tests and be connected to,the public; water and sewer systems, In addition, the first lift of asphalt paving shall.be inplace.tb provide adequate, permanent;accElss for emergency vehicles. . The finalliftof'asphalt sh_all not be installed until 'all other construction activity has been substantially completed to the satisfaction of the City. 14 Provide a site directory map (lighted) at the pr9ject entrance. 15. A secondary emergency :access road shall be providegfrom the terminus of Valewood Court. Said access road shall be of,an:all-weather'drivingsurface of not less tha.n 20 feet of unobstructed width. The road surface type shall. be approved py the City Engineer, pursuant to the City of Po way Municipal Cod,e. The access road shall be secured with gates and locks utilizing a Knox Padlock design. COMPLlANCEWITH THE FOLLOWING CONDITI0NS.IS REQUJRED. COMPLIANCE SHAll BE APPROVED BYTHE DEPARTMENT OF PUBLIC SERVICES. 1. Provide,an all-weather access road to the creek channel at the southwest comer oftl1e site as shown on the existing plan. 2. Allow for <:;reek ac;cess from the southerly extension of the box culvert structure, A gate shall be provided 'to, allow access to this area for maintenance purposes, while ensuring,safety and preventing unauthorized access. 3. Create a low flow. design, if allowed by regulatory agencies, that would encourage.f1ows in more limited areas during low-flow conditions. e (e Resolution No, P- 99-13 Page 7 4. Insure'thatthe permits froll} the Army Corps, of Engineers, Department of Fish and Game and the Sari Diego Regional.' Water Quality Control Board allow the channel to be maintained with the, equipment that is used by maintenance contractors. 3067 COMPLIANCE WITH THE FOllOWING CONDITIONS .IS.REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF REDEVElOPMENT5ERVICES. 1 Establish a creek tnai,ntenance reserve account, with appropriate deposits made from the operating budget. This should provide for regular maintenance of plant materials, periodic de-silting, and an emergency reserve for tree removals, etc. that may be needed during years with high precipitation. 2, Provide at least one letter from a qualified maintenance contractor which affirmatively states that the requisite maintenance (plant materials and de-silting) can be, accomplished with the proposed design. 3 Add a provision to;the Ground Lease requiring that the creek be maintained by the Lessee; pursuant to the requirements of the various regulatory agencies. COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. SITE DEVELOPMENT 1 Permit and plan check fees shall be paid upon submittal of map, improvement and/or grading plan, as applicable. Development fees, includirig but not limited to, domestic and irrigation water service fees, remaining sewer. connection, sewer c1eanout, and sewer inspection fees shall be paid prior to building permit issuance. GRADING 2. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. 3. A grading plan for the development of the property" prepared on a standard sheet of Mylar and drawn at a scale of 1" = 20', shall be submitted to the Ii (e 306'8 ('. -' Resolution No. P-99-13 Page 8 City's .Enginee'ring Services Department for review and approval prior to issuance 9f a grading permit andstart'of grading operatio". RO(Jgh,grading of the site must bec6mpleteand shall meet the Citis' EhgineeringServices inspector's approval prior to issuance of a building permit. 4 Existing telephone, gas, electric, water, sewer, and other public utility lines and appurtenances shall be shown on the grading,plans. 5. A soils report shall be, prepared by a qualified em;jineerlicensed by the!State of Califorhiato,perform such work. Copies ofthe, report shall be submitted with the grading plan" 6. All new sfopesshallbe a maximum of2:1 (horizqntal to vertical). There'shall be 5 feet clearance, between toe of slope and face of curb. 7 A final compaction report shall be submitted and'approved prior to issuance of building permits. 8. A certification,oflineland grade, prepared by the project civil engineer, shall be submitted prior to issuance of building perrnits, 9 Erosion control, inCluding but not limited to desiltation basins, shall be installed and maintained from Oct. 15th to April'15th. An erosion control plan shall be prepCir$d by the project civil engineer arid shall be submitted as part of the grading pl,an, The developer shall make provisions to insure the proper maintenance of all erosion control devices throughout their intended life. STREETS AND SIDEWALKS 10 All parking structural sections shall be submitted to and approved by the Directorof'Engir;1eering Services. Pavement:se~tibns shall~ conform to the minimum required by the Poway municipal Code Section 12.20080. 11. Streetimprovementsshall include, but are not limited to Sidewalk, Driveway. Wheelchair ramps, Curb and gutter, Parking lot paving and Alley paving. 12. Applicant shall fully improve Pomerado Road per Poway Municipal code including installation of traffic signals which'wilLincludeinstallation of a safe transition to the north. Any necessary ,street right-of way to the City for Pomerado Road shall be made prior to certificate ofoccupancy '. ce 30G9 Resolution No. P-99-13 Page 9 13. All damaged off-site public works facilities. including parkway trees,shall be repaired. and replaced prior to exoneration of bonds and improvement, to the satisfaction of the Director of Engineering Services. 14 Prior to any work. performed in the public right-of~way or City-held easements, a right"of~way permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to .any permit required. : 15 Driveways shall have a:minimum width of 30 fee,! and shall be designed as an alley 'apr'onw[th ,ten foot minimum radius unless otherwise approved by the Director of Engineering. DRAINAGE AND FL00D CONTROL 16 InterSection drains shall be required at locations specified bythe'QirElct()(bf Engineering Services and in accordance with standard engineering practices. . 17 A drainage system ,capable of handling and disposing all surface water originating within the project, and all surface wC:Jters that may flow onto.the project from adjacent lands, shall be required. $aid grainage system-shall include any easements and structures as required by fhe Director of Engineering Services to properly the drainage. 18 Concentrated floV\is across driveways and/or sidewalk shall not be permitted. 19 On site valley gutters shall be minimum of 3' wide. 20 No parking space shall be allowed withinCity's'easementls unless otherwise approved by the Director of Engineering Services. 21 Applicant shall comply with City of Po way, State and Federal Regulations in regards to Storm Water Pollution control. UTILITIES/OTHERS 22. All proposed utilities within the project shall be installed underground. 23.Utifity easements shall be provided to'the specification of the serving utility companies and the Director of Engineering Services. . . 3070 r. Resolution No. P- 99-13 Page 10 24. The developepshall be responsible for. the n31ocation and undergrounding of existing public'utilitiesas required. 25. Water, sewer'andfire;protection system shall be,designed and constructed to meet the requirements of the City of Po way arid the County of San Diego Department of Health. 26 The applicant shall, pay for a water system analysis, ifJequired, to establish the propefsize;and location of the public water system" The amount shall be determined by the cost ofthe analysis and shall be paid prior to submittal of improvement plans per the following table. Water System' Af1.~lysis fees are as follows, and they may change at any time without prior notice: One Fire Service Two Fire Service More than Two Fire Services or looped Onsite..System $1,250.00 $1,850.00 $2,800.00 27 Existing water, sewer, gas, electric, telephone and other public utility lines and appurtenances shall be shown on the improvement plans. 28 Water main lines and appurtenances that will be installed at locations other than withinpublbstreetshall have an easement,a minimum of 20 feetwide for each line,gedicated to the City of Poway and shall provide a warranty bond for installation of the water main(s). The warranty bond is for a period of 12 months. 29 Lot irrigation shall bede'signed to accommodate recycled water if it becomes available. The property owner shall have the opportunity to connect to recycled water if it becomes available. GENERAL REQUIREMENTS AND APPROVALS 30 This C1Pproval is based on the existing site conditions represented on the proposed sit~ plan. If the actual conditions vary from representations, the site plan must be changed to reflect the actual conditions, Any substantial changes to the site plan must beapprbved by the Director of Planning Services and the Director of Engineering Services and may require approval of the City Council. 31 Prior to building permit issuance, appropriate water and sewer fees. shall be (.. , ce , , 301:1 Resolution No. P- !J9-13 Page 11 paid,to the City's Engineering Services Department. These fees are currently in effect and are subject to change. Sewer Connection. Fee =$242,668.00 This fee is based on 102 dwelling units and. oiJe recreational building. Sewer Cleanout Sewer Inspection Sewer Line Charge =$50.00 Per' cleanout =$25.00 Per c1eanout =$13,42000 Correspohdingsizesfor water meter (but notless than one inch in size ) shall be detemiinedby tlie'applicantldeveloper. Depending on the size of water meters to be installed,.thewater fees shall be based on the following: Meter Size Cost Lateral Base Capacity Fee' 1" $270:00 $1,430.00 $4,527~00 1.5" $600.00 Cost $7;042:00 2" $1,775.00 Cost $1'1,317.00 SDVVA $2,536.00 $4,755.00 $8,242.00 For a meter size not listed above, please contact Engineering Services. * This fee is subjectto change without furthernotice.,Applicableonly to water meter for domestic:;use; The amount to be paid shall be that in effect at time of payment. 32. The following fees shall be paid or a. security.bond posted prior to-.issuance of a building pertnit. If a security bond is posted, payment of theJees"shall be made prior to issuance of a Certificate of Occupancy. Once payment is received in full said 'security bond could be released to the applicant. Traffic Mitigation Drainage Fee Parldee =$67,320,00 F,'or 102 dwelling units =$122,400.00 For 102 dwelling units =$214,200.00 33. Three lots shall be merged into one lot and tlie boundary adjustment in the area of the emergency access shall be compieted before occupancy is granted. .' ... (e c. 3072 Resolution No. P-99-13 Page 12 APPR0VED and ADOPTED by the CitY Council of the City of Poway, State of California, this 9th day of February, 1999 Michael P . ATTEST. STATE OF CALlF0RNIA ) ) SS, COUNTY OF SAN DIEGO ) I hereby certify under the penalty at perjury. that the above, and foregoing Is a true and correct cop" of Resolution No. P- 19-L3 , as adapted by ft1e City Council of Paway. Colltornlo on the 9:tt , dayOf~~, 19~, LORI ANNE PEO lES~ClERK br;;::f!, f>rt L n /V\.U... 02, ,Q , ~~Ph (t"" ~~?t0- Lori tnne Peoples,City Cler I, Lori AnnePeoples, City Clerk of the City of po way, do. hereby certify, under the penalty of perjury, that the. foregoing Resolution! No, P-99-13 , was duly adopted by the CJty Council ala meeting of said City'Council held on the q +- h day of Februarv , 1999, and that it was so' adopted by the following vote: --r- AYES' NOES. EMERY, HIGGINSON, REXFORD, CAFAGNA NONE ABSTAIN: NONE ABSENT, ~OLDBl . '" . ( ~ - /\f--.I' ' t\;.,,~r(-iJ, Lori Anne Peoples, CityCterk - City of Poway N:IPLANNINGlREPOFn:lCUP9809.RES