Covenant Regarding Real Property 1997-0623172
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. 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~ 1997-0623172
DEe
1997
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lfFIClrt. RE(ID)S
SAN DIEGO alNTY RECffiDER' S OFFICE
GREGOO J. SIlITH. COOHY RECffiDER
FEES: 46.00
1111111 IIIIIIIIIIIIIIIII~J]UIIIIIIIIIIIIIIIIIIIIIIIII
COVENANT REGARDING REAL PROPERTY
McMahan Oliphant Properties ("OWNER" hereinafter) is the awner of real praperty described in
Exhibit A which is attached hereto. and made a part hereaf and which is commanly known as Assessar's
Parcel Number 317-280-52 (12330 Crosthwaite Circle) ("PROPERTY" hereinafter), In cansideration of the
approval af Environmental Assessment and Canditianal Use Permit 97-07 by the City of Poway ("CITY"
hereinafter), OWNER hereby agrees to abide by canditians of the attached resalution (Exhibit B),
This Caven ant shall run with the land and be binding upan and inure to. the benefit af the future
owners, encumbrancers, successors, heirs, persanal representatives, transferees and assigns af the
respective parties,
In the event that Environmental Assessment and Canditional Use Permit 97-07 expires ar is rescinded
by City Cauncil at the request of the OWNER, CITY shall expunge this Caven ant from the record title af the
PROPERTY,
In the event of litigation to enfarce the pravisions of this Covenant, the prevailing party shall be entitled
to. full reimbursement af all casts, including reasonable attorneys' fees, from the ather party,
Dated:
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Dated:----1I- Lj- - q 1
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Mc!Mahon Oliphant Pro.perties
OWNER (Notarize)
CITY OF POWAY
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':CALi'FORNIA ALLoPURPcIe ACKNOWLEDGMENT .
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to. be the persan(s) whase name(s} is/are subscribed to. the
within instrument and acknawledged to. me that he/she/they
executed the same in his/her/their autharized capacity(ies},
and that by his/her/their signature(s} an the instrument the
person(s}, or the entity upan behalf of which the persan(s)
acted, ex cuted the instrument.
Though the information below is not required by law, it may prove va able to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title ar Type of Dacumenr
Dacument Date: \ \ I t.j
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IjlD Corporate OJficer,! I-
Title(s}: 1!~
D Partner - D Limited D General
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D Trustee
D Guardian or Canservatar
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D Individual
D Corporate Officer
Title(s}:
D Partner - D Limited D General
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Signer Is Representing:
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C 1996 National Notary AssociatjOfl -6236 Remmel Ave., P.O. Box 7184. Canoga Pam, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1.aoo.876-6627
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LEGAL DESCRIPTION
887
The land referred to herein is situated in the State of California, County of San Diego, and
is described as follows:
Parcel 109 and that portion of parcel 108 of Parcel Map No, 16320, in the City of Poway,
County of San Diego, State of California, filed in the Office of the County recorder of San
Diego County, December 10, 1990 as File No, 90-65544-8 of official records, more
particularly described in certificate of compliance recorded May 14, 1997 as File No, 1997-
0223851 of Official Records as follows
All of said Parcel 1 09 together with the easterly 59-61 feet of said Parcel 1 08,
Exhibit A
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RESOLUTION NO. P- 97 -62
888
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 97-07
ASSESSOR'S PARCEL NUMBER 317-280-52
WHEREAS, Conditional Use Permit 97-07, submitted by McMahon/Oliphant
Properties, Owner, for the purpose of establishing a business that will warehouse and
distribute pre-packaged hazardous materials and chemicals, The subject property is
located on the northwest corner of the intersection of Crosthwaite Circle and the 13600
block Stowe Drive ( 12330 Crosthwaite Circle), The land use designation of the property
is Light Industrial and the lot is located within the South Poway Planned Community zone,
WHEREAS, on November 4, 1997, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council finds that this project will not have a significant adverse impact on
the environment and hereby issues a Negative Declaration with Mitigation
Measures,
Section 2: Findinas:
Conditional Use Permit 97-07
1 , The project is consistent with the General Plan and the South Poway
Specific Plan which designates this site for industrial use,
2, That the location, size, design, and operating characteristics of the use are
in accord with the title and purpose of this resolution, the purpose of the land
use designation in which the site is located, the Poway General Plan and the
South Poway Specific Plan; in that the subject property is located in an area
designated for industrial development and the use is allowed with the
approval of a conditional use permit.
3. That the location, size, design, and operating characteristics of the use will
be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, residents, buildings, structures, or natural resources, in
that the use will be located in an area designated for industrial development
and the site is not near any residential or semi-public uses,
EXHIBH B
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889
Resolution No, P- 97 -62
Page 2
4. That the harmony in scale, bulk, coverage, and density is consistent with
adjacent uses, because the site will be developed with facilities and buildings
which have been designed to be compatible with surrounding structures.
5, That there are available public facilities, services, and utilities, because the
use will be located in a development where all necessary facilities are
already in place,
6, That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the use will be located within an existing planned
industrial area,
7, That the generation of traffic will not adversely impact the surrounding streets
and/or the City's Transportation Element, in that the use will operate out of
a business park where existing street improvements and off-street parking
are adequate and the scale of the proposed activity does not exceed
assumptions made when traffic impacts for the business park as a whole
were reviewed,
8, That the site is suitable for the type and intensity of the use, in that it is an
area designated for light industrial use,
9, That there will not be significant harmful effects upon environmental quality
and natural resources in that best management practices are required and
will be implemented to minimize the potential for any accidents or spills and
the site is located within a developing industrial business park and is not
adjacent to any natural habitat areas,
10, That there are no other relevant negative impacts of the development that
cannot be mitigated,
Section 3: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 97-07 subject to the
following conditions:
1. Within 30 days of approval the applicant shall (1) 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,
2. 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 industrial and open space uses,
3. 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
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890
Resolution No. P- 97 -62
Page 3
is not in compliance with 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
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 all sections of the South
Poway Development Standards 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 appropriate Building Department approvals and fees shall be received prior to
initiation of construction,
6, The applicant shall comply with the latest adopted Uniform Building Code, Un~orm
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Code, and all other applicable codes and ordinances in effect at the time of building
permit issuance,
7, This approval shall become null and void if building permits are not issued for DR
97 -28 within two years from the date of the approval of that project (DR 97-28).
8. All new utilities shall be installed underground. Completion of undergrounding shall
be prior to issuance of a Certificate of Occupancy.
9, School impact fees shall be paid at the rate established at the time of building
permit issuance, Presently school fees are $0,301 square foot of assessable area.
10, Trash receptacle shall be enclosed by a six foot high masonry wall with view-
obstructing gates pursuant to City standards. Location shall be subject to approval
by the Planning Services Department.
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891
Resolution No, P- 97 -62
Page 4
11, 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,
PARKING AND VEHICULAR ACCESS
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, All wo-way traffic aisles shall be a minimum of 25 feet wide, A minimum of 25 feet
wide emergency access shall be provided, maintained free and clear at all times
during construction in accordance with Safety Services Department requirements,
3, All parking spaces shall be double striped, The minimum dimensions for standard
sized parking stalls shall be 8,5' x 18,5', The parking lot design shall comply with
the Americans with Disabilities Act, Le, 1 :25 ratio for accessible spaces with one
van accessible space,
4, Parking lot lights shall be low pressure sodium and have a maximum height of 25
feet from the finished grade of the parking surface and be directed away from all
property lines, adjacent streets and buildings on adjacent lots,
LANDSCAPE IMPROVEMENTS
1, Complete landscape construction documents shall be submitted to and approved
by the Planning Services Department prior to the issuance of building permits.
Plans shall be prepared in accordance with the South Poway Development Plan
and the City of Poway Guide to Landscape Requirements (latest edition), Because
the elevation of the subject property is significantly below street grade, the
landscaping plans shall show special landscaping treatment along Stowe Drive
which will provide adequate screening of the loading areas and roof top equipment.
2, Existing on-site trees shall be retained wherever possible and shall be maintained
in a horticulturally acceptable manner. 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, Living
trees which are approved for removal shall be replaced on a tree-for-tree basis as
required by the Planning Services Department.
3. Street trees, 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,
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892
Resolution No, P- 97 -62
Page 5
4, Landscaped areas within the adjacent public right-of-way shall be permanently and
fully maintained by the owner. All existing irrigation and landscaping within the
designated LMD and Land Development Association areas shall be protected.
5, The developer shall contact the recently established Parkway Business Park
Association representative regarding the on-site Association area landscaping and
irrigation improvements. Any modifications or improvements to this Association
area shall be shown on the project landscaping plans,
6. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris, The trees shall be encouraged and allowed to retain
a natural form, Pruning should be restricted to maintain the health of the trees and
to protect the public safety. Unnatural or excessive pruning, including topping, is
not permitted,
7, Use of recycled water will be required for on-site landscape irrigation. Each site
shall have a designated user supervisor who has attended the San Diego County
Water Authority user supervisor class, County of San Diego Department of
Environmental Health will assess fees for the following activities:
a,
b,
c,
Site Plan Check
Shut Down Test **
Title 22 Inspection
$200,00 avg, Cost*
$320,00 avg, Cost*
$ 80,00 avg. Cost*
*Based on full cost recovery; actual fee amount may vary,
**Shut down test is required at initial installation and at least every four(4) years on
sites with both recycled and potable water.
SIGNS
Any signs proposed for this development shall be designed and approved in conformance
with the South Poway Development Plan,
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED, COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
GRADING
1, 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.
2. 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 City's
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893
Resolution No. P- 97 -62
Page 6
Engineering Services Department for review and approval prior to Issuance of a
grading permit and start of grading operation. Rough grading of the site must be
completed and shall meet the City's Engineering Services inspector's approval prior
to issuance of a building permit.
3. A soils report shall be prepared by a qualified engineer licensed by the State of
California to perform such work, Copies of the report shall be submitted with the
grading plan,
4, All new slope shall be a maximum of 2:1 (horizontal to vertical).
5, A final compaction report shall be submitted and approved prior to issuance of
building permits,
6. A certification of line and grade, prepared by the project civil engineer, shall be
submitted prior to issuance of building permits,
7, 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 prepared
by the project civil engineer and shall be submitted as part of the grading plan, The
developer shall make provisions to insure the proper maintenance of all erosion
control devices throughout their intended life,
8, Paving of the parking lot shall conform to the standards as set forth in Section
12,20,080 of the City Code.
9, All driveway approaches shall be of alley-type curb retums.
UTILITIES
1, Should there be a need for new fire hydrant/s, a water system analysis shall be
prepared to establish the proper size and location of the public water system,
Applicant shall pay to the City the cost of preparing the analysis prior to submittal
of improvement plans,
2. Existing telephone, gas, electric, water, sewer, and other public utility lines and
appurtenances shall be shown on the grading plans,
3. All on-site private sewer mains shall be constructed to public sewer standards and
specifications and shall be shown on the grading plans,
4, Water and sewer main lines and appurtenances that will be installed at locations
other than within public streets shall have an easement, a minimum of 20 feet wide
.
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894
Resolution No, P- 97 -62
Page 7
for each line, dedicated to the City of Poway, Multiple parallel facilities will require
additional easement width for onsite facilities.
If the alignment and location of onsite water and sewer main lines are known prior
to parcel map approval, dedication of easements to the City shall be made on the
parcel map, Otherwise, a separate dedication instrumentls shall be prepared and
recorded prior to issuance of a certificate of occupancy, Dedication made through
separate instrument, other than through the parcel map, is subject to payment of a
processing fee,
5, All public utility lines (Le., water, sewer, drainage) not located within public streets
shall have an improved access over and along the respective easement, the
surfacing and width of which shall be acceptable to the City Engineer,
6, Improvement plans for the new public water system, prepared on standard sheets
of mylar by a Registered Civil Engineer, shall be submitted to the City's Engineering
Services Department for review and approval. Plan check and inspection fees shall
be paid by the developer,
7, Performance and payment bonds for the construction of public improvements shall
be posted with the City prior to improvement plan approval.
A warranty bond shall be posted with the City prior to acceptance of improvements,
GENERAL REQUIREMENTS
1, Prior to building permit issuance, unless otherwise noted below, appropriate water
and sewer fees shall be paid to the City's Engineering Services Department.
Two water meters shall be installed on each parcel, one for domestic use and one
for irrigation purposes, Depending on the size of a water meter to be installed, the
water fees shall be based on the following:
Meter Size Cost Exoansion Fee
1" meter $150,00 $750.00
1.5" meter $275,00 $1,500,00
2" meter $695,00 $2.400,00
SDCWA Fee'
$2,536,00
$4,755,00
$8,242,00
For a meter size not listed above, please contact Engineering Services.
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Resolution No. P- 97 -62
Page 8
. This fee is subject to change without further notice, Applicable only to
water meter for domestic use. The amount to be paid shall be that in effect
at time of payment.
Sewer fees are as follows:
Sewer connection fee
TPM 97-05)
Sewer connection fee = $4,907,00 (for a 18,350 SF building in Par. 2, TPM
97-05)
Cleanout fee
Inspection fee
= $5,620,00 (for a 22,500 SF building in Par. 1,
=$
=$
50,00 each parcel
25,00 each parcel
2, A right-of-way permit shall be obtained from the City's Engineering Services
Department for any work to be done within the public street right-of-way or any City-
held easement. Said work shall include, but is not limited to, construction of
driveway approach, sewer lateral installation, water service line installation, and
street construction,
3, A photo mylar copy of a Record of Survey required in the conditional approval for
Boundary Adjustment No, 97-01 shall be provided to the City prior to building permit
issuance,
4, Domestic and reclaimed water service lines shall be constructed along the frontage
of Parcel 1 prior to issuance of a certificate of occupancy for the building to be built
on that parcel.
5, A sewer lateral shall be constructed along the frontage of Parcel 2, prior to parcel
map approval or issuance of a certificate of occupancy for the first building to be
built in either Parcel 1 or Parcel 2, whichever comes first.
6, The parcel map shall conform to City standards and procedures, City subdivision
ordinance, Subdivision Map Act, and Land Surveyors Act.
7, All easements and/or right-of-way dedications to the City that is/are within the limits
of a subdivision shall be made on the parcel map. All offsite easement dedications,
by a separate instrument(s) other than a map, shall be recorded prior to parcel map
approval.
A processing fee, in addition to map checking fee, shall be paid to the City for all
easements andlor right-of-way dedications made through a separate instrument(s)
other than a map,
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Resolution No, P- 97 -62
Page 9
8. A monumentation bond in an amount acceptable to the City Engineer shall be
posted prior to parcel map approval.
9. A reciprocal access easement and parking maintenance agreement, in a form
acceptable to the City, shall be recorded prior to parcel map approval.
10, Building permit for the second building to be built shall not be issued prior to parcel
map approval.
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 UBC Section 3203(e) and City of Poway
Ordinance 64.
2, The building shall display their numeric address in a manner visible from the access
street. Minimum size of building numbers is 18 inches on facade of building.
Building address shall also be displayed on the roof in a manner satisfactory to the
Director of Safety Services, and meeting Sheriff's Department ASTREA criteria.
3. Every building hereafter constructed shall be accessible to Fire Department
apparatus by way of access roadways with all-weather driving surface of not less
than 20 feet of unobstructed width, with adequate roadway turning radius capable
of supporting the imposed loads of fire apparatus having a minimum of 13'6" of
vertical clearance, The road surface type shall be approved by the City Engineer,
pursuant to the City of Poway Municipal Code,
4, N,F,P,A, Standard 704, Hazardous Material Labeling, shall be provided as
necessary throughout the building,
5. A water systems analysis will be performed to establish available fire flow,
6, The building will be required to install an approved fire sprinkler system meeting
P.M.C, requirements, The building sprinkler system shall be designed to meet a
minimum .45/3000 design density at the roof, Storage of Class A plastics up to 15'
shall be protected by a design density of at least ,60/4000 square feet if no in-rack
sprinklers are to be provided, The entire system is to be monitored by a central
monitoring company, System post indicator valves with tamper switches, also
monitored, are to be located by the City Fire Marshal prior to installation, Installing
Fire Sprinkler and Underground Fire Service Contractor(s) shall obtain a copy of the
fire department's "Policies for Automatic Fire Sprinkler Systems",
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897
Resolution No, P- 97 -62
Page 10
7, A "Knox" Security Key Box shall be required for the building at a location determined
by the City Fire Marshal. A "Knox" padlock shall be required for the fire sprinkler
system Post Indicator Valve,
B, Fire Department access for 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 be designated as "Fire Lanes"
with appropriate signs and curb markings,
10. Minimum 4A:60BC fire extinguisher required for every 3000 square feet and 75'
travel distance, A 2A10BC fire extinguisher(s) are required for office areas every
3,000 square feet and 75' of travel distance.
11, The applicant shall provide a detail plan for all storage areas and a complete
racking plan,
12, The addition of on-site fire hydrants is required, The location of the hydrants shall
be determined by the City Fire Marshal.
13, Material Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in each building,
14, An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed
with the County of San Diego Department of Health and copies provided to the Fire
Department.
15, Prior to delivery of combustible building material 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 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,
16. The buildings shall be provided with approved automatic smoke and heat vents.
17, All electrically operated access gates shall be equipped with a Knox over-ride
switch, Contact the Poway Fire Department to order the appropriate hardware,
1 B. A technical report shall be required for buildings utilizing hazardous material/liquid
storage rooms,
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898
Resolution No. P-97 -62
Page 11
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 4th day of November 1997,
~ L--2- \~. .
Don Higginson, Mayor V
ATTEST:
COUNTY OF SAN DIEGO
)
)SS,
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II-eby cerlify, under the penally
of perjury, that .he above and
foregoing iJ a true and correc:t
copy of Resolution No,&.9.1-?.;<.
a. adopted by .he City Council of
Poway, Catlfornia on the Jot&-
day of~~, 19'1:J-.
MARJORIE K W AHLSTE ,CITY CLERK
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Marjorie K, Wahlsten, City Clerk
\ .
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STATE OF CALIFORNIA
I, Ma~orie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of pe~ury, that the foregoing Resolution, No, P-97 -62 , was duly adopted
by the City Council at a meeting of said City Council held on the 4th day of
November ,1997, and that it was so adopted by the following vote:
AYES: CAFAGNA, EMERY, REXFORD, HlGGINSDN
NOES: NONE
ABSTAIN: NONE
ABSENT: GOLDBY
,~~ -yUMA-k
Ma~ori . Wahlsten, City Clerk
City of Poway
E:ICITY\PLANNINGlREPOR1\CUP9707,RES