Covenant Regarding Real Property 1988-278107
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RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
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278107
No Transfer Tax Due
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(This space 'for Recorder's use)
COVENANT REGAROING REAL PROPERlY
John O. Walker and Elvira Walker ("OWNER"hereinafterl is the owner of real
property described in Exhibit A which is attached hereto and made a part hereof
("PROPERTY" hereinafter). In consideration of the approval of Tentatjve Tract
Map 87 -10 and Developmen.t Review 87 -19 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 resolution (Exh'ibit B).
Thj sCovenant shall run with the land and be bindi ng upon and inure to the
benefit of the future oWriers"encumbrancers, success6rs', I\ei rs, personal
representatives, transferees and assigns of the respective parties.
OWNER agrees th at OWN~R' s dut i es and db 1 i gationsunder th is Covenant ,are a
lien upon the Property. Upon notice and opportunity to respond, the CITY may
add to tne tax bill of OWNER any past due financial 'obligation owing to CITY BY
waY'ef this Covenant.
If either party is required to incur costs to enforce the provisiens of this
Covenant, the; prev,aiTing, party sha 11 be enbt led tCl fu II rei mbursement of all
cost~, including reasonable attorneys I fees, from ~he ether party. The CITY may
assign to persons impacteg by the performance of this Covenant the right to
enforce thi s Coveh'ant against OWNER.
Dated:
+.-:2-1,80
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OWNER, '
(Notarize) ,
Oated:
s:- -Y- g?
CITY OF POWAY
, By
KrLo- 7/J' O/U-7~
(No. neea toN"btdrize) ,
D:NOR-4-5.2
GENERAL ..ACKNOY!tEDGMENT
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* 'state lif' ,San :Liego
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Gtiunty of
San Dieoo'
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On th is the 21st day ef
SS. 1
Kay Fe Ape
APril
19'~, ,before"me, *'
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the undersigned Notau Publ ic, personallY9-ppeared
Gary Taylor
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OFFICIAL SEAL
:ICAYF; APEL
NotarY PUbl\c-C8lIIomlll
SAN DIEOO COUNTY
My,ecmn, exp, SeIl,25. 1990
~ ,personally known to me
[] proved,to me on the basis of satisfactory evidence'
to be the person,l-&-) whose namel-~) 'is subscribed
to the within instrument, and acknowledged that he
executed it.
,WIT my h
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PARTNERSHIP ACKNOWLEDGMENT
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On this the
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State of
County of
the undersigned Notary Public, personally appeared
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[] personally known to me
,,[] preved to me on the basis of satisfactery evidence "
" to be the persen(s) who executed the within instrument "
* on behalf of the partnership, and acknowledged to me that "
* the partnership executed it. "
" , ,',' ,_ ,___,_, WITNESS my hand and offi ci a I seal. "
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:, * Notary's Signature "
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CORPORATE ACKNOWLEDGMENT
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On this the _____ day of
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* State of
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the undersigned Notary Public, personally appeared
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[] proved to me
be the person(s)
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on the basis of satisfactory evidence to "
who executed' the within instrument as *
or on behalf of the corporation ",
therein named, and acknowledged to me that the corporation *
executed; t. :*
WITNESS my hand and official seal. "
-personally known to me
Notary's Signature
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"The Easterly 9 acres of the follol.Jing described propet'ty to l.Jit: The' South Half
of the South Half of the Southl.Jest Quarter of the ,5(mtheast Quarter of Section
12 and the North 10 acres of the Nor:hl.Jest Quarter of the t'jor1:heas1: Quarter of
Secd,on 13, all in TOl.'flship 14 South, Range 2 West, San Bernardino Base 'and "
" Meridian, '1n' the County of San Diego, Sta1:e of California, according to United
States Government Survey..
EXCEPTING THEREFROM that portion described as follol.Js:
~EGINNING at the Northl.Jest corner of said Easterly 9 acres; thence Easterly
along the Northerly line thereof 181..50 feet; thence Sou1:herly along a line
parallel l.Jith the Westerly line of said Easterly 9 acres, a distance of 517 feet
to the Southeas1: corner of' that certain tract of land described in deed to
Dalton R. Curry and Dorothy K. Curry and recorded, in Book 7300, page 12 of
Official Records; thence Easterly along a line parallel 1.J1th the Northerly line
of said Easterly 9 acres to a poin1: of intersection l.Jith the Eas1:erly line of
said 9 ,acre parallel; thence Southerly along said Eas1:erly line to the Southeast
corner of said 9 acre parcel; thence Wes1:erly along the Sou1:herly line of said 9
acre parcel. to the South~esterly corner of said Easterly 9 acres; thence
Northerly along the,Westerly line of said 9 acres to the POINT OF BEGINNING.
AND FURTHER EXCEPTING THEREFRoM any portion thereof lying l.Jithin the present
boundaries of Midland Road as granted to the County of San Diego in Deeds
recorded May 22, 1968 as File ,No.. 's 085906 and 085907 of Official Records.
EXHIBIT A
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Cr-.YOF Pow A Y .
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OWNER'S AFFIDAVIT
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STATE OF CALIFORNIA
COUNTY OF SAN ,DIEGO
CITY OF POWAY
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We .-John (),.Jens Walker & Elvi:r:aWalker
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(Please print name in full)
being duly swo'in,','depose and say'that (I am (we are) ,the owner (s) of
'property located at'
13716
Midland Road
(Assessor's Parcel No.
(Address)
314-230-49 & 52
117-111-06
), for w~ich (I am)
(we are) requesting a (Zone Change, Tentative Tract Map, Tentative Parcel
Map, Conditional Use Permit. Vari,mce. etc.. Developrent Revie.'l
through the City ,of Powav, California. Furthermore, (I) (we) hereby
appoint
Garv Taylor
of GTA ARchitects
as our agent to act in our behalf on all matters pertaining to the
processing of this application.
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Subscribed and sworn to before me this
28 th day of
September
, '98 7
, cjA;'A]1t W{)L10.1
NOT~ PuBLIC SIGNATURE '
omaAL .....
AINA M. TURNER
NOTARY PlJ!UC . C'.AlJfORH&A
PRINCIPAl. OFFtCE IN
SAN DIEGO COlJPfTY
My CommISSIOn ho. J~I,..:2~" 199t
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City H~l1located at 13)2:; Civic Cente,~ Drive
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RESOLUTION NO. p-88-38
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 87-10 AND
DEVELOPMENT REVIEw 87-19
ASSESSOR'S PARCEL NUMBER 317-111-06, 314-230-49 AND 52
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WHEREAS, Tentative Tract Map 87-10, hereinafter "Map" and
Development Review 87-19, submitted by Gary Taylor and Associates;
applicant, for the purpose of subdividing and developing the real
property situated in the City of poway, County of San Diego, State
of California, described as the ~asterly nine acres of the
following described property to wit: The South half of the South
half of the Southwest Quarter of the Southeast Quarter of Section
12 and the North 10 acres of the Northwest Quarter of the Northeast
Quarter of Section l~, all in Township 14 South, Range 2 West, San
Bernardino Base and Mer idian, i,n the County of San Diego, State of
California, according to United $tates Government Survey, a 48 unit
condominium project Gn 4.0 net Acres at the southwest corn~r of
Midland Road and Scotts Way, regularly came before the City Council
for public hearing and action on April 5, 1988; and
WHEREAS, the Director of Planning Services has recommended
approval of the project 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 considered other evidence presented at the public hearing;
NOW, THEREFORE, the City Council of the City of poway does
resolve as follows:
Section 1: Environmental Findinqs:
The City Council finds that this project will not have signifi-
cant adverse impact on the environment and hereby issues a
Negative Declaration.
Section 2: Findinqs:
Tentative Tract Map Findinqs:
1. The tentative tract is consistent with applicable
general and specific plans in that the property IS
designated for condominium development.
2. The design of improvements of the tentative tract is con-
sistent with all applicable general and specific plans, in
that the 48-unit project complies with the required area
and density of the zone and design guidelines of the 'Old
Poway' Specific Plan and Comprehensive Plan.
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Resalutian No.. P- 88-38
Page 2
The site is physically suitable far the type af ~evelap-
ment prapased in that the 4.~ acre site is flat and can
accammadate and pravide the required building setback areas,
parking spaces and amenities.
4. The site is physically suitable far the density af
develapment prapased (12 units per acre) in that it is
flat, rectangular and has access to. streets an three
sides.
3.
5. The design af the subdivisian is nat likely to. qause
substantial enviranmental damage and avaidable injury to.
humans and wildlife ar their habitat in that required
mitigatian fees and public impravements will mitigate
enviranmental changes.
6. The tentative tract 1S nat likely to. cause seriau~ public
health prablems.
7.
The design af the tentative tract will nat canflict w~th
any easement acquired by the public at large, naw af
recard, far access thraugh ar use af the praperty within
the prapased subdivisian.
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That this praject will nat create adverse impacts an the
enviranment and a Negative Declaratian is issued.
9. The effect af subdivisian an the hausing needs af the San
Diego. regia~ has been cansidered and balanced against the
public service needs af paway residents and available
fiscal and enviranmental resaurces.
10. The design af the subdivisian has pravided, to. the extent
feasible, far future passive ar natural heating ar
caaling o.ppartunities in the subdivisian.
Develapment Review' Findinqs:
1. That the prapased develapment is in canfarmance with the
paway General Plan, in that the d~nsity and type af use is
consistent wi th the General Plan de'signa tian Residential
Candaminium.
2. That the prapased develapment will nat have an adverse
aesthetic, health, safety, ar architecturally related
impact upan adjaining praperties because raaflines,
bU1lding materials, and architectural design are campatible
with adjacent d~velopment and the "Old poway Specific
Plan" standards.
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Resolution No. p-88- 38
Page 3
3.
That the proposed development is in compliance with the
Zoning Ordinance', in 'that ,it meets all development stan-
dards for the HC zone.
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4. That the proposed development encourages the orderly and
harmonious appearance of structures and property wi6h~n
the City because it is similar to and complements adjace~t
development.
Section 3: City Council Decision:
The City Council hereby approves Tentative Tract Map 87-10 and
Development Review 87-19 subject to the following conditions:
1. Within 30 days of approval the applicant shall submit in
writing that all of the.conditions of approval have been
read and understood and the property owner shall execute a
Notice of Restriction on Real Property.
2. All roofs shall be simulated shingle to the satisfaction
of the Director& of Safety Services and Planning Services.
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All signs proposed for this development shall be designed
in conformance with the City's Sign Ordinance for on- and
off-site subdivision signs.
4. Ninety-six on-site garage spaces shall be provided to
City standards. The location, design, and building
material shall be complementary to the condominium units
and to the satisfaction of the Director of Planning
Services. Each garage shall be provided with an automatic
garage-door opener.
5. A minimum distance of 25 feet between two-story buildings
and 15 feet between the townhouses's enclosed ground level
p'atio areas shall be maintained. All private patio areas
shall be located outside of the required building setback
areas.
6. All utility connections shall be designed to coordinate
with the architectural elements of the site so as not to
be exposed except as necessary. Pad-mounted transformer
and/or meter box locations shall be screened.
7. Masonry walls eight feet in height from the highest
finished grade shall be required on the rear property
line.
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Resolution No. P-tl8-38
Page 4
8.
No less than ten percent of the floor area shall be pro-
vided as private open area per unit.
9. Two hundred f~fty cubic feet of storage space per unit
shall be provided.
10. One clothes washer and dryer hook-up per dwelling unit
shall b~ provided.
11. At a minimum, three covered trash enclosures shall be
constructed to City standards. Specific location and design
shall be to satisfaction of the Director of Planning
Serv ices,.
12. A detailed children's play area that incorporates the nor-
mal amenities (slides, swings, sand boxes, etc.,) shall be
submitte,d and approved by the Director of Planning
Services' prior to building permit issuance.
13. The development shall prohibit all parking of recreational
vehicles by recordation of a deed restriction.
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14. The detached garage space shall maintain a minimum
distance of five feet from an interior side or rear lot
line and a minimum distance of ten feet from building~.
15. A minimum five-foot fence is required around the swimming
pool. The specific materials, locations, and design of
the fence, shall be to the satisfaction of the Director of
Planning Services.
16. The following improvements shall be constructed to the
satisfaction of the Director of Safety Services:
a. Provide proper fire access and turning radius to the
satisfaction of the City Fire Marshal. Designated
fi re l'anes wi thproper identification and markings
will be required.
b. Fire Departmen~ access roadways shall be designated
as "Fire Lanes" with proper identification and
markings.
c. Building addresses shall be clearly visible from
access roadways. Address shall be marked olainly on
the roof of one building, to the satisfaction of the
Director of Safety Services.
d. Fire hydrants shall be installed per City specifica-
tions at locations to be determined by the City Fire
Marshal.
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Resolution No. p-88-38
Page 5
Street ,Lmprovemen ts,
1. The westerly half of Midland Road, the southerly half of
Scotts Way, and Apache Road, all contiguous with the deve-
lopment's boundary shalr be improved to City standards.
2. Street improvements shall include, but not be limited to,
street paving; construction of concrete curb, gutter,
and side~alk; and construction of necessary transit~on to
existing improvements.
3. Street paving to Midland Road shall be ,32 foot half street
width within the' westerly 42 foot right-of-way.
4. Street paving to Scotts Way shall be 20 foot half street
width within the southerly 30 foot right-of-way.
5. Street paving to Apache'Road shall be a minimum of 24 feet
wide. Street curb returns shall be constructed at corner
intersection.
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6. Street improve~ent plans shall be submitted to the City
for review and approval prior to map recordation.
Drainage
A deta~led hydraulics/hydrology analysis to determine the
runoff to be produced by the development and its effect on
existing drainage devices shall be submitted to the City.
Should the amount of runoff produced by the development result
in an amount that exceeds the capacity of existing drainage
devices, construction of additional drainage devices is
necessary. Such devices shall be per City Engineer approval.
Street Lights
Concu~rentwith the first submittal of street improvement
plans, the developer shall suSmit a plot plan showing theloca-
tions of existing street lights in Midland Road, and Scotts
Way, within a 500 foot radius from the project's exterior boun-
dary.
Miscellaneous
1. Street dedications for the widening of Midland Road to
attain an 84 foot right-of-way, the widening of Scotts Way
to 60 foot right-of-way, and Apache Road half street
right-of-way of 28 feet wide shall be dedicated to the
City. Dedicatio'ns shall either be made on the final map
or by a separate instrument to be recorded prior to final
map approval.
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Resolution No. P-88-38
Page 6
In addition, the developer shall cause the dedic~tion to
the 'City of the southerly 28, feet street right-of-way of
Apache Road. All costs associated for the qedica.tion
shall be entirely borne by the developer. The dEid{cation
document shall be recorded prior to map approval.
2. All on-site public wa.ter lines and sewer lines shall !gv:e
an easement, a minimum width of 20' feet wide each, dEidi-
cated to the City. Dedication shall either be made on the
final map or by a separate instrument to be recorded prior
to map approval. "
3. The d~veloper shall contribute to the Midland Road
Drainage Basin CIP costs in an amount to be determined by
resolution by the City Council. This contribution shall
be paid to ~he City on or before the date of final
building insp~ction or the issuance of a Certifica~e of
Occupancy, whichever occurs later. However, a ,securi ty
deposit for the full amount shall be posted with the City
prior to map approval.
4. No driveway shall be constructed to Midland Road.
5. A demolition permit is required for removal of existing
buildings.
6. A bus shelter shall be installeq on Midland Road to the
satisfaction of the Directors of Planning and Community
Services.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. SITE DEVELOPMENT
T. Site shall be developed in accordance wi th the approved s1 te
p1ans on file in the Planning Services Department and the con-
ditions cont~ined herein.
2. Revised site plans and building elevations incorporating all
conditiDns of approval sh~ll be submitted to the Planning
Services Department. prior to issuance of building permits.
3. Aporoval of this request shall not waive compliance with all
sections of the Zoning Development Code and all other aopli-
cable City Ordinances in effect at the time of building permit
issuance.
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Resolution No. P-88-38
Page 7
4. Trash receptacle shall be enclosed by a 6 foot high masonry
wall with view-obstructing gates pursuant to City standards.
Location shall be subject to ~pproval by the Planning Services
Department.
5. All rodi .appurtenances; including air conditioners, shall be
architecturally integrated, shielded from view and sound buf-
fered from adjacent properties1and streets as required by the
Planning Services Qepartment. '
6. Prior to any use or the project site or business activity being
commenced thereon, all conditions of approval contained herein
shall be completed to the satisfaction or the Director of
Planning Services.
7. The applicant shall comply Qith the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, Uniform Fire Code, and all, other appli-
cable codes and ordinances in effect at the time of building
permit issuance.
8. 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 paving shall be in place
to provide adequate, permanent access ror emergency vehicles.
The final lift of asphalt shall not be installed until all
other construction activity has been substantially completed to
the satisfaction or the City.
9. For a new residential dwelling unitls), the applicant shall pay
development fees at the established rate. Such fees may
include, but not be limited to: Permit and Plan Checking Fees,
School Fees (in accordance with City-adopted policy and/or
ordinance'), WateraCld Sewer Service Fees. These fees shall be
paid prior to building permit issuance.
10. This development review approval shall become null and void if
building per~its are not issued for this 9roject within one
year from the date or project approval.
~l. Building identification and/or addresses shall be placed on all
new and existing buildings so as to be plainly visible from the
street or access road; color or identification and/or addresses
shall contrast with their background color.
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Resolution No. P-88-38
Page 8
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a.PARKING AND VEHICULAR ACCESS
1. Parking lot landscaping shall includ'e of a minimum of, one
fifteen (151 gallori size tree for every three (31 parking spaces.
For parking lot islands, a minimum 12 inch wide walk adjacent
to parking stalls shall be provided and be separated from vehi-
cular areas by a 6-inch high, 6-inch wide portland concrete
cement curb.
2. Parking lot lights shall be low pressure sodium and have a
maximum height of eighteen (18) feet from the finished grade of
the parking surface and be directed away from all property
lines, adjacent s,treets and residences.
3. All two-way traffic ,aisles shall be a minimum of 24 feet wide
and emergency access shall be provided, maintained free and
clear, a minimum of 24 feet wide at all times during construc-
tion in accordance with Safety Services Department require-
ments.
4. All parking spaces shall be double striped.
C. LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to
and approved by the Public Services Department and Planning
Services Department prior to the issuance of building permits.
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. 'E;xisting on-site trees shall be retained wherever possible and
shall 'be' trimmed and/or topped. Dead, decaying or potentially
dangerous trees shall be approved for removal at the discretion
of t'he Planning Services Department during the review of the
Master Plan of existing on-site trees. Those trees which are
approved for removal shall be replaced on a tree-for-tree basis
as required by the Planning Services Department.
4. Street trees, a minimum of 15 gallon Size or larger, shall be
installed in accordance with the City of ?oway Drdi~ance and
shall be planted at an average of every 30 feet on interior
streets and 20 feet on exterior streets..
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Resolution No. P-88-38
Page 9
5.
A minimu~ of 50 trees per gross acre, comprised of the
rollowing sizes, shall be provided within the development; 20%
- 24" box or larger, 70% - 13' gallon, and 10% - 5 ga'110n to the
satisraction of ,the Director of Planning Services and in accor-
dance with the approved landscape plan in all multifamily and
PRD projects.
6. All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
D. SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
E. RECREATION
The developer shall pay the Park Fee at the established rate at the
date of final inspection, or the date of the certificate,of occu-
pancy, whichever occurs later.
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F. EXISTING STRUCTURES
Existing sewage disposal facilities shall be removed, filled and/or
capped to comply with appropriate grading practices and the Uniform
Plumbing Code.
G. ADDITIONAL APPROVALS REQUIRED
1. The developer shall display a current Zoning and Land Use Map
~n the sales office at all times, and/or suitable alternative
to the satisfaction of the Director of Planning Services.
2. 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.
3. Working drawings shall include a certification by a recognized
acoustical expert that the requirements of the City of Poway's
noise o~dinance will be met.
4. At ~he completicn of construction, and prior to occupancy,
interior and exterior CNEL shall be determined by field testing
at develooer's exoense. Tests to be conducted by a recognized
acoustical exoert. ~o occupancy oermita shall be granted until
Condition G-7 is met to the satisfaction of the Building Code
(latest adopted edition) "Sound Transmission Control.."
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Resolution No. P-88-38
Page 10
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDI,TIONS:'
H. 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. 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.
3. A soils report shall be prepared by a qualified engineer
licensed by the State or California to perform such work at
first submittal of a grading plan;
4. A geological report shall be prepared by a qualified engineer
or geologist and submitted at the time of application for
grading plan check.
5. The final grading plan shall be subject co review and approval
by the Planning Services and Public Services Department and
shall be completed prior to recordation of the final sub-
division map or issuance of building permit, whichever comes
first.
6. A pre-blast surveyor surrounding property shall be conducted
to the satisracticin of the City Engineer 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 City Engineer.
L STREETS AND SIDEWALKS
1. All Circulation Element roads shall be dedicated and improved
to C'irculation Element road standards and to the soecifications
of the Director of Public Services.
2. Vehicular access rights to Circulation Element roads shall be
dedica,ted to the City of poway and labeled on the Einal ma9 to
the satisfaction of the Director of Public Services or by
separate doc~ment.
3. All interior and exterior ?ublic streets shall be constructed
co public street standard,s.
4. Sidewalks 4.5 teet in width shall be required on che west side
or ~idland Road, south side of Scotts Way and north side or
Apache ',.jay.
-v 2109
. .
Resolution No. P-88-38
Page 11
5. Street striping and signing shall be installed to the satisfac-
tion of the Director of Public Services.
6. All street structural sections shall be submitted to, and
approved by the Director of Public Services.
7.. Street improvement plans prepared on standard size sheets by a
Registered Civil Engineer shall be submitted for approval by
the Director of Public Services. Plan check and inspection
expenses shall be paid by the developer.
3. All exterior street improvements shall be constructed prior to
issuance of building permits, to the satisfaction ~f the
Director of Public Services.
9. Street improvements ,that include, but are not limited to:
X a. Sidewalks e. Cross gutter
v b. Dr ~'veways 1'. Alley gutter
"'
X c. Wheel chair ramps -~g. Street paving
X d. Curb and gutter h. Alley paving
shall be constructed prior to the occupancy of the units to the
satisfaction of the Director of Public Services.
10. All damaged off-site public works facilities, including parkway
trees, shall be repaired or replaced prior to exoneration of
bonds and improvements, to the satisfaction of the Department
of Public Services..
11. Prior to any work being performed in the oublic right-of-way,
a right-of-way permit shall be obtained from the Public
Services office and appropriate fees paid, in addition to any
other permits required.
12,. StTee,t improvements and maintenance shall be made in accor,dance
with City Ordinance standards for Urban Streets Circulation
Element.
13. ~he develope,r shall 9ay ~h2 Trai~ic .~itigation Fee at the
established rate at the date ~he final ins.pection or ~he date
the certificate oi occupancy IS issued, whichever occ~rs later.
However, a secUrltV deposit tor the full amount Gust ~2 00sted
Hith ~he City prIOr to bUllding germit issuance. ~
J. DRAINAGE AND FLOOD CONTROL
1. Intersection drains will be required at locations specified by
the D~rector of Public Services and in accordance with standard
engineering practices.
.
. "
2110
.
Resolution 1'10. P- 88-38
Page 12
2. 1', drain'age system capable of handling and disposing of all sur-
face water orig,inating wi,thin the subdivis'ion, and all surface
waters that mayflo,,, onto the subdivision from adjacent lands,
shall be required. Said drainage system shall include any
easements and structures as required by the Director of Public
Services to properly handle the drainage.
3. Portland cement concrete cross gutters shall be installed where
water crosses the roadways.
4. Concentrated rlo\~s across driveways and/or sidewalks shall not
be permitted.
K. UTILITIES
1. All proposed utilities within the project shall be installed
underground includ,ing existing utilities along Circulation
Element roads ahd/ot highways less than 34.5 KV.
2. Utility easements shall be provided to the specification of the
serving utility ~ompanies and the Director of Public Services.
3. The developer shall be responsible for the relocation and
undergrounding or existing public utilities, as required.
4. ,'later, seHer, and fire protection systems plans shall be
desiqned and constructed 'to meet requ'irements of the CitV of
poway and the 3ealth ~eDa'rtment of the County' of San Diego.
~ .
Prior to acceutance of property for sewer serviC2, 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 determined by the cost of the ana~
lysisahd shall be paid upon demand by the City.
7. The applicant shall, within 30 days aiter receivino approval of
Lhe tentative tract map, tentative parcel ~ap, ~3e ~ermit, or
~evelc~~2n~ ~~Vi2W, apply ~Ot a Letter 8~ ~~ailaaili~~ ~'LOA) to
reserve. 32weraqe avalla~ilit:: and pOSt ~i~~ :~2 Ci~;, ~ nonr2-
~~nG2Dl2 :es'erv3cion fee equal co 20% of ~h2 a9?ropri3t~
S2',-.'2 rage
i. S5J'2::l.
cor.r.ec~:on fee i~ ~ffect
. ,. .
~c ~~e ~l~~ ~~? L~r~ ~:~
3. D2velcger shall cc~struc~ ~ iigtl~ ~ystem CC~1:0~~:~C ,_~ C:=y oc
"?'o':,'(J"! ~t3:;l:3.rds 1I0ld ?O"lay Str-~2t Llgnt.s" _'!.t ;:0 :,:):;t. to ~~12
~ublic, subject to the iollo;~i~q:
,
- v
2111
.
[
Resolution '10.. P"88-38
Page 13
a.
Cut-o~f, luminaries shall be installed which \vill ,novide
t~ue 90 degree cutoff and ?revent p~ojection of light
above Lhe horizontal from the lowest ooint of the lama or
light emltting retractof or d2V~C2.. - -
b. All ,~ixtures 3hall use a cle~r, low pressure sodium ~apor
llght source.
c. Advance energy charges and DistLict englneering 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 first.
9. Cable television services shall be provided and installed
underground. 'l'h,e developer shall notify the Cable company when
trenching for utilities is to be accomplished.
L. GENERAL REQUIREMENTS AND APPROVALS
1. A copy of the Covenants, Conditions and Restrictions (CC&R's)
and/or Articles of Incorporation of the Homeowners Association
shall be subject to the ~eview 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 at the time of
final map consideration.
2. Final parcel and tract maps shall conform to City standards and
procedures.
3. Should this subdivison be further divided, each final map shall
be submitted for approval by the Director of Public Services.
4. All provis~ons of the Subdivison Ordinance of the poway
Municipal Code shall be met as they relate to the divisiqn of
land.
5. Those ?ortions of the subject property proposed to be held
under common ownership shall be labeled such and identified by
a separate lot number on the final map.
6. Prior to final map approval, all dedications shall be made ~nd
easements granted as reauired above, if done by seoarate
instrument other than made through the parcel mao.
,
.", 2112
.
Resolution No. P-88-38
Page 14
7. The tentative map approval shall expire on April 5, 1990 unless
a time extension is approved. Application for time extension
must be received 90 days prior to expiration in accordance with
the City's Subdivision Ordinance.
APPROVED and ADOPTED by the City
State of California, this 5th day of
Council of the City of Poway,
April, 1988. , ,/
~' /;// .--/7 /;:..--:~/
/~:;i-~~' . -
- / -/ ,..." I.
./ -1--~<-' _..- ____---~~,
Robert C. Emery '~,.
ATTEST:
\...." ., ~ .. , ... ,', 'l' J-
...\ r!!,L-,....~ 1<". -) ,'{i..,V-0u........
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-RR_)g , was duly adopted by the City Council at
a meeting of said City Council held on the, 5th day of April
1988, and that it was so adopted by the following vote:
AYES:
BRANNON, HIGGINSON, KRUSE, TARZY, EMERY
NOES:
NONE
ABSTAIN:
NONE
AB;>ENT:
NONE
,,/R-4-5,8-21
/ ,"', ,1____ t-l............... ,;;..,~..;L..:"',~
Marjorie K. Wahlsten, City Clerk
City of Po'....ay