Covenant Regarding Real Property 1988-328919
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RECXlRDING.REl;lUEST BY:
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CITY OF PCItlAY
WHEN REmRDED MAIL 'ID:
CITY CLERK
CITY OF PCItlAY
P.O. OOX 789
PCItlAYi CA ,92064
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'No "Transfer Tax Due
(This space for Recorder's use)
aJVENANl' ~Dl; RFAf.. PROPERTY
Michael Guiffrida and ~. Guiffiida, husbarid and wife, and Joseph M.
Cofrancesco and ,Ann M. Cofrancesco, trustees, and Ernest John Coronnai an
urunarr-ied ITan ("CWNER" hereinafter) are the owners of real property described
in EKl1ibits A and B which are attached hereto .andlll3.de a part hereof .and
which is ccmronly known as 13508 .Parerado Road ("PROPERTY" hereinafter). In
consideration of the, approval of Conditional Use Permit 88-02 and Development
Review 88-02 by the City ,of Poway ("CITY" herE!,ina,ftE!r), CJoINER hereby cove-
nants and agrees for the benefit of the CITY, to abide by conditions of the
attached resolution (Exhibit C).
This ,Covenant shall run ,with the land and be bihding upon and inUre to
the benefit, of the future owners, encumbrancers, successors, heirs, . personal
representatives, transferees and assigns of 'the respective parties.
CWNER agrees that 'a-INER' s duties and obligations under this Covenant are
a lien upon the, Prope,rj:y, Upon notice and opPortunity to respond, the CITY
may add to the tax bHi of ~ any past due financial obligation awing to
CITY BY way of this Covenant.
,If either party is required to in= costS to enforce the provisions of
this Covenant, the prevailing party shall be entitled to full reimburserrent
of aii costs ,incltrling reaS,onable attorneys' fees "fran the other party.
TheCITYIll3.Y assign to persons impacted' by theperfomance of this Covenant
the right to enforce this Covenant against CWNER.
'Dated:
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CJoINER
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CJoINER I /'/'~ I / ' -
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Dated:
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Coyenant,RegardingReal Property'
CUP 88-02 & DR 88-02
Page 2
Dated: h-I'I-9'X'
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a\'NER / .-
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a\'NER - /,' '/ '
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CITY OF roillW
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EgJ~~Fo~AlIFORNIA SAN DIEGO
June 23, 1988
ERNEST JOHN COLONNA
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,before me, the undersigned, a Notary Public in and for
said State, personally appeared
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personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(sl whose name(s) is/are sub-
scribed to the within instrument and acknowledged to me that
he/she/they executed the same.
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WITNESS my hapd-ana~fficial seal.
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STATE OF CALIFORNIA
COUNT'! OF
SAN DIEGO
JUNE 17, 1988
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OFFICIAL SEAL
JUDY A HOAG
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO GOUNTI
My comm. expires NOV 21, 1989
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(This area for official notarial seal)
On
,before me, the undersigned, a Notary Public in and for
Michael Guiffrida, Mary Guiffrida,
trustee and Joseph M. Confrancesco, trustee
said State, personally appeared
Ann M. Confrancesco,
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personally known 10 me (or proved to me on the basis of satis
factory evidence) to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged to me that
he/she/they executed Ihe same.
Signature
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OFr'lCIAL SEAL
JUDY A HOAG
fJOTARY PUBLIC - CALIFORNIA
SAN DIEGO CDUNTI
My comm. expires NOV 21, 1989
(This area for official notarial seal)
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020'35
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ORDER NO. 952770-8
LEGAL DESCRI'PTION
THE ,LAND REFERRED TO IN THIS REPORT IS S'I,TUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOws:
,TJjE!?Ol.J'THERLY100..0:0 FEET ,OF THE NORTHERLY ,370. 00 FEET; OF' 'THE
El\STERLY 3'70i.:O,O ,FEET: iOF LOT 26. IN TRACTF OF POWAY, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF C:ALHORNIA, ACCORDING TO MAP
THEREOF NO~ 536, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 7, 1888.
,~A:r:Dl:!Ol3:THER:t:f;1<ND EASTERLY 370. DO F:EET BEING MEASURED ALDNGTHE,
NOR'rJ:fERLY AND EASTERLY ;LINESOF SAID LOT 26.
EXCEPTING THEREFROM THE EASTERLY 16.00 FEET THEREOF.
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9RDER NO. 952767~8
LEGAL DESCRIPTION
THE LAND REFERRED TO IN, THIS REPORT IS SIT)'tJ}>.TE;D IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL, 31 AS SHOWN ON, A, PARCEL, MAP FILED IN BOOK OF PARCEL ,MAPS, ON
PAGE 3046 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
ON SEPTEMBER 19, 1974, BE'ING A PORTION OF,' u?,T 26 ;IN TRACT "F" OF.
POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, . ACCORDING TO,'
MAfTHEREOF NO. 536, FII,.x;D IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO c::OUN,TY, MAY 7, 1'888,.
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RESOLUTION NO. P- 88-68
A -RESOLUTION OF THE C~TY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 88-02
AND DEVELOPMENT REVIEW 88-02
ASSESSOR'S PARCEL NUMBER 317-021-05, 27
WHEREAS, Conditional Use Permit 88-02 and Development Review
8~-02~ ~ubmitted by Cha~8 Associates, AlA, Applicant, D'Agosta,
Owner, requests approval for an auto ce'-nter, on 'property located at
13508 pomerado Road in the CG' (Commercial General) zone; and
WHEREAS, on May 31, 19,88, the City Council held a hearing on
th~ above-referenced item.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findings:
The City Council finds that the project will not have a signi-
ficant adverse impact on the environment and hereby issues a
Negative Declaration.
Section 2: Findinqs:
Conditional Use Permit
1. That the location, size, design, and operating charac-
teristics, of ,the proposed use will be' compatible with
adjacent uses; in that the p'ropo'~ed auto center adjoins
other commercial uses on two sides and where it adjoins
residential uses, the conditions of approval require
construction of an eight foot block wall and 25 foot wide
landscape ,buffer to separate the two' uses. 'A noise :ana:Ey-
!;is prepared for the project concluded that it would not
raise ambient ,noise levels more than five decibels which
is permitted by current standards.
2. T!1at the harmo,ny in scale, bulk, coVerage ; and density is
consist",nt with adjacent uses; because the proposed struc-
tures are not significantly larger than existing buildings
on adjacent lo.ts and architectural techniques which will
reduce theappareht size of the str,uctures have been
incorporated in thel5uilding, plans.
3,.
That th~re are available public facilities, services, and
utilities; in that ~ewer and water service is available
for ~he project.
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Resolution No. P- 88-68
Page 2
4.
There will be no harmful effect ppon desirable neigh-
borhood characteristics as the pr,oj'ect's activities will
be "buffe~e9" f':r;:om adjacent businesses and residences, by
walls and landscaping.
S.T,hat the g~neFation of traffic will not adversely impact
..thesurrounqin'g s,t}"eets,and/ar the e,ity's 'Ci:rculation
Ele'meht'; l-n'that th'e Circulat'ian Element assumed
Commercial General use an this si,t'e ,'and the levels .of
traffic gen~r,ated by this praje'ct ,will nat exceed levels
normally expected .of cammercial development.
6. That the, site is suitable for the type, and intensity. .of
use or develapment which i,s praposed" ihthat. the ,size and
topography of tpE'!site tyill accammodate the 'pr,oposed deve-
lapment withaut 'the ,need for excessive grading and the lat
caver age is we'll below the maxirrtum 'which wouid be per,-
mitted by zone standards.
7.
That there w,i11 not:, be significant harmful effects upon,
environmentalquali ty and natural r,esource;:; in that. the
site does nO,t ,contain signifi"cant natur'al feat,ur.es of
resaurces due ta previous disturbance and tathe fa'ct' ,ihat
it is surraund'ed: by existing camnierci'al, ind'ustr'ial, arid
residential 'develapment an all sides,.
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8. That there 'arena, other' relevant negative impacts of. the
propased use that, cannat' be mi tigated b'ecause the con-
ditians .of approval include mi,tigatiori measures Which
addre'ss al,l potential adverse impacts.
9. That the impac,ts, iW Aescribedabave, a,nq tihe location of,
the praposed 'use 'will not advers'edy affect the City of
poway General. ~lan far future as well as present develap-
ment; in that the Gemer:a.l Plan designates the si.te for
,cammercial use andadjacen,t land has already been fully
dev,elopeSI. '
Devel"oprii'eh't Review,
1. That, the pf,opas'ed deVelopmeht ,is inc,onformance wi'th the,
Pow,ay Ge.rler9-IPlan in. that the auto cehterjis a carrlmercial
uS,e ,9-.l1:d tl)e Gen;eral 'Plan designates the praperty, for cam-
me:rc:ial development.
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Resolution No. P-&8-68
Page 3
2.
That the proposed developmen,t will not have an adverse
aesthetic, health, safety, or archit",pturally related
impact upon ~~joining propert~es, in~hat the building
design, uses mat'er,ials which are compatible with adjacent
development" i'ncorporates variation in building setback,
colors, ,and textures , and ,provid,e1; il.mple laI1dsc,,!pings\}ch
,that it mee,ts the ,Commercial Design Standard's of; the
'General plan. The site plan is's'ensitive to the adjacent
multi-family use in that the bii'ildingorientation, pro-
posed walls, and landscape areas are designed to minimize
noise impacts on the existing apartment building.
3,. '.That ,the propos'eddevelopment i's' in compliance with the
Zoni-ng Ordin'ance ,in that the project meets or exceeds the
applicable standards of the CG zone.
4. That'. theptbposeddevelopment encoiirages the orderlY ,and
harinoniousappearance of structures and property within the
City; because it will blend with adjacent conune1:-cial
str,uctures and is located in an area planned' for commer-
cial development,.
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Section 3: CitV Council Decision:
Conditional Use 'Permit 88-02 and Development Review 88-02, for
which plans are 'on file in the Planning Services Department,
are hereby approved slibject to the, following conditions:
1. wi thin 30 days of approval: ell, The applicant shall sub-
mit in writ~ng that all conditions of approval have been
read andunderst,ood; and (2) the property Q,wner shall, e,xe-
cute ,a Not'i'ce, of Res,tr,iction on Real Prope'rty.
2. The applicant shall prepare a revised landscape plan which
meets the approval of the Director Of Planning Services
pdqr to i...ssua}?_ce of ",bu'~ldi'ng permits. The plan sha'll
inciudet,he follo,wi'ng :eieIT\e,nts: ,
a. Eart'h benning with: a maximum height of four feet in
the 20 ,f'oot setback area On pomerado Road.
b. Ehlar,ge larid'scape plahter's at ,th'e north, east, and
southeiist cor,ners of Buildf'rig C as shown on
Atiach~ent ~ of the staff report for CUP/DR 88~02
dateg May 31, 1988 .Mound~ng or a wall may be
required in these planters if it is determined that
addLtional height i's necessary to screen Building "C"
bay doors from view.
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Resolution No. P~BB-6B
Page 4
A 30 - 36 inch high, stucco or masonry wall atop the berm
on Pomer,ado Road may be requ.ired by the Director of
Planning Ser,v,ices if she determines it is necessary in
order toaciequately screen the bay doors.
J.
Any doors ontliewestern and southern side of Bu'ilding '!D,"
,shall be equi'pped, with a self-cloS'ing mechanism and snall
be weathe~~stripped to prevent Doise leakage. These doors
shall remain closed while repair work is in process.
4.
All autorepa,ir work including tune up ,work a,nd engine
"revying" shaIi be done inside the repair buildings.
5.
The, applicant, shall prepare a plan showing ,how oil, gas,
and other .waste liquids will be dis'posed o'f and controlb2d
so ~s no~ to create a nuisance ~r hazard to the public.
Such' pian, shi3.11 ~lso indicate, how on-site drainag';; ~]in be
handied. This ulan shall be submitted to the City for
review and apprbval prior to the issuance of bu':L1ding per-
mits.
6 .
Inoperable 'l.ehicles shall not .t>~ stored on si t~ any longer
than is n'ece'ssary to complete tbeir repair. The a,pplicant.
shall prov:id'e reCords to permit enforcement of this .con-
dition upon request by the City.
7. Any security lighting on BuildiI1g "D" shall be shaded so
as not to shine into windows of the adjacent apartment
buildi'ng.
B. The amount. of floor area devoted to office and, retail uses
'shall not ",xceed tl1atshown on t,he project Data Chart of
.the approved si t'e plan (3, 50'0 square feet off lce, 4,500
square fee,t n,it'a'il) unless approved by the Director of
Plann'ing Servfces.
Street Improvemen,ts
1..,
The ,appl,icant..sha'll Icons'truct'concrete CUI'b, gu,tter, and
.,u.,", .. ' . ".' '. ~ ><_ )' ~:. . _ _ _ ,_ '
4.:5, :foot, wide s'idewalk along the project's frontage on
po'rner ad 0 R~cia&. . , '" , , '
2 .
The appTicantslial'l also construct a landscaped raised
,concrete median in PomeradoRoad along the project's front-
age ~ith piovision for a left turn key (storage lane) for
southbound traffic into Tassel Road.
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Resolution No. p-88-68
Page 5
LefttuTns 'into the project site .wi!ll be precluded by the
median 'configuration.
Water
1". An on-site water, main shall, be constructed parailel to an'ct
t,en feets9!l,l:)1 of th~ existing ,sevier and 10Q'p 1i"odh:'to
existing water facilities as required by the water analy-
SiS.
2. The driveway shown on the proposed si t'e plan shall be replaced
with an alley~ype ~pron ih accordance with San Diego
Regiona.lSt'anda'td Drawing No. G-17.
Sewer
1. The existing se~er easement shall be widened. to 30 feet to
include the pr6~osed on-site water 'main~
2. The existing s'e~,er ,main shall be, upgraded by installing
manholes at 300 - 350 feet intervals.
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Drainage
A detailedhud.Taulic/hydrology analysis to determine the run-
off to be produced ,bY' the developmen:t.and its effect on
exi sting drainage, dev,ices shall be sub!llitted to, the City.
Should the amount of run-off produc~d ~y the development result
in an amount th.a~ ~xceeds the capa.city ;oT existing drainage
devices, construction of additional drainage devices and/or
modification tO'existing devices is flecessa,ry to mitigate the
'eff.ect. Sifch 'dev-l'ces sha'li be per City Engi,neer I S approval,.
Safety Services'
1. A new on-site f,ire hydran'tis to be installed. in theaT',ea
betw~~_n BuilQ'i-ng}3 "alII i:rhd "D,~I..
2. i'\n ,aut:qmatiyfiT,e,sppinkler system is required in, Building
""A" and Building "I)" :and may, be re,qui'red in the others
based on .occlfpancy,.
3. P'ost Tnd'icator Valv,?- and Fi're Department connection for
the fire sprinkler 'system, to 'be located by the City Fire
Marshal.
4. The, Fire Sprinkler System and 'tamper switches on all
control valves shall be monitored by a cen'tral monitoring
comparq.
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Resolution No. p-28-68
Page 6
5.
A "Knox, ,Boxll 'securi ty system shall be installed on each
building and knox locks provide~ ~ot all fire sprinkler
control valves.
6. DesignatedH're lanes shall be required wi th proper curb
markings and signs, provided.
7. All buildings sh,all be, addressed so that numbers are
clearly visible from the street., Roof numbers, meeting
the specif'ications' of the Depat,tment of Safety Services,
shall be provided on Building IIAII.
8. A'll buildings sh'all ,meet the County of San Diego Heaith
Department Tequirements for toxic and hazardous materials.
9. Material 'Safety Data Sheets (MSDS,) are required and shall
be provided,tothe Department of Safety Services prior to
occupancy.
10. An emergency ,.:pnt:~ngency plan, shall be ,submi tj::ed to' San
Diego County' Health Department to meet Hazardous
Mat~rials Disclosure Ordinance,.
Miscellaneous
1. An improvement plan for the il)lprovements to pomerado Road,
water main, sewer main, andstr'eet light (s) installa,tions
shall be prepa'fed and submitted to the City for review and
approval. Said plan must be approved, standard agreement
for i ts ~ons,truction must be executed and ,the required
securities m,tlst be posted priort.o buildifl.g, permit
issuance, Complet"i:on' of the requi'rep. p,ubl'icimprovements
iriust be dcine :pr:ior to issuance of a Certificate 'of
Occupancy.
2. F.ornewwater' and sewer' main lines to, be ins'ta'lled on'
s'i::te, an easement'" a 'mini:mum 'wi.dth of'20 feet wide for
each l,in'e'or' 3"6 feet minimum, tor, joint 'use ,'shall oe dedi-
ca.tedtotheCi,ty pti6r to \'s"uanceof a G~r;tificate" of
Occupancy.' I,t shaLL bettre 'appl'icant;:'s, r:e:sponsJbili ty
thAt" sa'~d,e'a:sement (s) be re'c'oid'edpri,or to the 'issuance
of an ,occupancycer;tificate.
3. Tho"e proper,ti:es identified as APN 317-021-05 gnd APN
317-0,21-27 shall be merged prior to building permi t
issuance. The applicant shall process the meI'ger with the
City's Public Services Departinentprior to recordat'ion in
the off ice of' the SanbiegoCounty Recorder.
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o 2043
Resolution No. P~88-6'8
Page .7
The above asses~or's parcel numbets ate'the existing num-
bers as of't::he, date ot this project I s approvaL
APPLI~ANT SHALL CONTACT THE DEPARTMENT ',OF PLANNING SERVICES
REGARD,ING COMPLIANCE:, WITH THE FOLLOWING COt;lDI~TIONS:
A. SITE :DEVELOPMENT'
1., Site shall be devel:oped in accordance with the approved site
plans on file in the Planning Services Department and the con-
ditions contain~d herein.
'2. Revised site plans and building elevat-ions incorporating all
conditions' of approvaI shall be submitted to the Planning
Services Department prior to issuance of' building permits.
3. Approval of this recjuest shall not wa~ve compliance with all
sections of the Zoniing Development Code ,and all other oappli-
cabl'e City Ordi'nances in effect at the time of buildi'ng :permi t
issuance.
4. Trash receptacles shall be enclos'edby' a six foot high masonr-y
w,all with view-9bstructing gates pursuant to City standards.
Location shall be ~ubject to approval by the Planning Services
Department.
5. All roof appurtehii'h'ces, including ,air conditioners, shall be
architecturally integrated, shield'ed from, view and sound buf-
fered from adja,<;:ent: ;properties and streets as required by the
Planning Services Department. .
6., pr-ior to 'anyu~se of the project si t"€! or business acti vi ty being
commenced thereon, aTl conditions of approval contained herein
shall be completed 'to the satisfaction of the Director of
Planning ,S.ervices.
.7" The, a,pp'li'cagt sh.aH COmPly wi'th the ~atest adopted Uniform
Bur~d'ing CRde'l Uh'i for-mMecha_oical C,ode_, Un'i'fprm,p,lumbing Code,
Natiorfal, El~ctr,i,c Coq.e'i Unfform, gire Code;, and :a'l'l other appli-
cab1e code's and ordinances in efTect at the time of building
permit issuance.,
8:. For a new commercial or industr,ia'ldevelopment, or addition to
a'n existi'ng development, the applicant shall pay development
fees at the established rate. Such tees ,may include, but not
be limIted to: permi t and Plan Checking Fees, Wat'ei and Sewer
Servic~ Fees, and School Fees. These fees shall be paid prior
to building permit issuance,.
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Resolution No. P- 88-68
Page 8
9. Thisapppoyal ,.shaJl become null and void if buildingpermi ts
are not issued for this project with1n one year from the date
of project appro~al,
10. Building identj,'f}c,atJon and/or addresses shall be placed on, all
new and existiflgoui,lclings so as to be plainly visible ftomfhe
stree,t ,or acces's .road,;, color of identifi,cation and/or' 'add'resses
shall contrast 'wfth their backgroJnd~ col.or.
B. PARKING AND VEHICULAR ACCESS
1,. All parking lot l'ands<:aping shall consist ,of a :minimum of; one
fHteeh,( 15": 'ga>Ilon 'siz'e tree for eyer.,y three (3) parking spaces.,
For'- parkin'g ,lot 'iSlands" a minimum 1:2 ,inch wide walk adjacent
to par~ing stalls shall be provided and be separated fr,om vehi-
cular area~ by a si:~ inch high, six inch, wide portland concrete
cernent curbing.
2. Parking lot lights shall be low pressure sodium arid have a
maximum height ofe'i'ghteen (18) feet from the ,finished grade of
the parking, surface and be directed away from all property
lines, adja'cent ,st'reets and residences.
3. All two-way tra.ffic ai'sles shall be a minimum of 24 feet wide
and emergencyacces,s shall be provided" mai.ntained free and
clear, a, minimum, of ,24 feet wide at all times during construc-
tion in accordanc'e': 'w'i th Safety ServIces Departmen't require-
ments.
4. All parking spaces shall be double striped.
C.' LANDSCAPING
1. A detailed lands~ap~ a.nd irrigation plan shall be submitted to
and approved by the publ,ic Services Department and Planning
Services Departmentpriqr to the issuance ,of bu'ilding permi"ts.,
2. All l'and's"ap~d :!!rceas sh~'l'l be ma'intained in a healthy and
thri ying 'c'ondi,ticm" f~ree' :from weed's ,> trash, and debr,is.
D. SIGNS
1. Any signs proposed-for this development shall be designed and
approved ,in conformance witb the Sign Ordinance.
2,. A Comprehensive Signprogr,am for this de,velopment: shall be
submitted, to the ,Planni'ng: Se'rvice's Depar,tment for their review
prior to issuance of building permits. Approval shall be, by
the City Council.
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Resolution No. P- 88-68
Page 9
E.
RECREATION - NONE
F.
EXISTING STRUCTURES - NONE
ADDITIONAL ApPROVALS REQUIRED
G.
'The applic'ant shall prov.ide verif"icati.on of State, Board iOI"
Equal'{.iat'ion nb"tific-ation and that app'ropriate reviews and/or
approvals have been accomplished to the sat'isfaction of the
Director of Adm'inis,tra,tive Services.
APPLICANT SHALL CONTACT ,THE PUBLIC SERVICE~ DEPARTMENTREGARDl!NG'
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. GRADING
il
1. Grading of thesuo,ject, property shall be, in accordance with the
Uniform Bui Idi'ng, 80de, City Grading Ordin~ance, approved grading
plan and geotechnical'report, and acc~pted grading practices.
2. A soils report shafl be prepared by a ql.la1ified engineer
licensed by the State of California to per,form such work at
first submittal of a grading plan.
3. A geological report shall be prepared by a qualified engineer
or geologist a~d~l.Ibmitted at the time of application for
grading plan check.
4.
The finaf gradIng plan shall
by the Planning SerVices and
shall be completed prior to
be subje,c,t to review and approval
Public Serv:ices Department and
the issuance of bui Id.ing permi'ts.:
5. A pre-blast survey of surrounding prop'ei,ty shall be conducted
to the satisf~cti9n of the City Engineer prior to any rock
blasting. ~eismic recordings shall be taken for all blasting
and blasting sh,all occur, only at locations 'and leve'ls approved
by theCj:'ty EngiFeeJ;'.
I. STREETS AND SIDEWALKS'
1. All Circulab:on Er'ement, roads shalt, bedepicated a.hd Improved
to Circulation :Element ,road standar,ds an:dto the ,specifications
of the birector of ,Public, Services,
2,. Sidewa.'iks'4.5 feet in width shall be required on one side of
pomerado ,Roa.d (west side).
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Resolution No. P~88-68
Page 10
}. Street improvement plans prepared on ~t~ndatd size iheets by a
Registered Civ,i~Engineer shall be submitted for approval by the
Director of pubf'ic Services. plan check. and inspection expenses"
shall be paid by the developer.
A.. .Street improvements that include, bti,t are not limited to:;
~, a, Sidewalks
X b. Driveways
c. Wheelchalr 'ramps
"Xd. Curb and gu,tter
e.'
f.
g.
h.
Cross gutter
Al,ley gu,t ter
S,treet paving
Alley paving
shall :be. constructe'd prior to the occupancy of the units to the
satisfaction of the Director of Publici Services.
5. All damaged off-site public works f,acilities., incl~uding' parkway
trees, shall. be ,repaired or replaced prior to exone,r,ation of.
bonds and improvements" to the satisfaction of the 'D.epartment
ot Public Services.
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6. Prior to any work being performed in k~e public right~of-way, a
right-of-way perrni"t shall be obtained, from the Public Servi'ces
office and appropriate fees paid, in addition to any other per'-
mits required.
7. The de~eloper shaii pay the Traffic Mitigation Fee at the
established rate pr,iorto building pe,rmi tissuance.
J. DRAINAGE AND FLOOD CONTROL
1. A drainage sYs.teIl\. capable of handling aiI'd' disposing of all sur-
face water, ,origlI)3l.t,i'ng w'fi:hJn' thepr.9ject', and all su,rface
waters tha't may f16won'tb' the proj'ect' .from adjacent lands,
shall be required:. Said drainage system shall include any
easements and st.]:'ucturesas required by th'e Director of Public
Services to properly 'handle the' dralnage. .
,2. The Mo3,s,teI; PJan:o~ "bra.inageFee, shall be paid at the
estab.lis,h",d:,r:pte :i'n, acc()rqanCE> 'with the Dra'inage Ordinance
pr ior to bu'Uaing perJJli,i: ',Lssuance.,
3. Concentrated, flows a'cross driveway:sand/or sidewalks shall not
be permi t ted.
K. UTILTTIES
1. All proposed utilities within the project shall be installed
und'erground including existing utilities along Circulation
Element roads and/or highways less than 34.5 KV.
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0204:7
Resolution No. P- 88-6,8
Page 11
2. Utlli ty easements sha'll, if needed, be provided to the speci-
f,icatioO'of the ser,v,ing utility companies and the Director of
Public Se'rvices.
3. The developer shall be r,esponsible,for the relocation and
undergrounding of eXlstihg public utilities, it any, as
required.
'4. Water, sewer, and, fire~protection systems plans shaII be
designed and constr,ucted to meet requLr:ements of the Ci ty of
poway and the Hea1th Department of the County of San Diego.
5,. Prior to accElP,tan'ce of property fqr sewer service, annexation
to the sewer i~provement area shal~ occur.
6. The applicant shall pay for a water sy,stem analysis to
establish the proper size and location for the public wate'r
system. The ,amount' will be deterl1)ined by the cost of ,the anal-
ysis and shall be piHdupon demand by the City.
7. The applicant shCi'lJ,within 30 days after receiving approval of
the use permit, and development review, apply for a Letter of
Availabi li ty (Loli) .to reserve sewerage, availabil ity and post
with the City, a nonrefundable reservation fee e,qual to 20% of
the appropriate sewera'ge connection fee in effect a't the time
the LOA is issued,
8. Developer shall construct a light system at locationls) deter-
mined by the Ci,ty E'ngineer wi thin the development's frontage.
To facilitate 'theCf'ty's determination of the locationls) of
new street light Is.)." a plot plan showing the locations of
existing street lights along Pomerado :Road within a 500 foot
radius from t,he,prgje,ct 'isexteriot bouhdary, shall De su15mit,ted
prior to or concurrenj:ly with the first submittal of improve-
ment plans as ,here,iribefore mentioned,. Street lighting shall
conform to Ci ty ,of poway Standards and be construc,ted at no
cos,t ,to the public, subjec,t to ,the fOllowing"
a., Cut-offluminarfes shall De :in's,ta'l"led ,whIch will provide
tru!= 90 de,gree cu.toff and preveritipr6j'ect'i'on of light
atJove the I1Qn.zQnt-,al from the lowest povrit of the lamp or
lighte,rni ttiflg refractor or device'.
b. All fixtures shall: use a cle'a'r, low pressure sodium vapor
light source.
c. 'Advance ene!:'gy, cha"E,ges, a,fl,g District engineering charges
shall be paid by'the developer.
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Resolution No. P- 88-68
Page 12
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.
L. GENERAL REQUIREMENTS AND APPROVALS
This condi t,ional use permit and development review shall exp1re
one ~ear from ~he date of approval 'unless building permits have
been issued or a time extension is applied for within 90 days
of the expiration date.
APPROVED and ADOPTED by 'the City Council of the City of Poway,
state o~ California, ihis 31st day of May, 1988.
'~/g(~'?/-;
Robert C.' Emery, ~r
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ATTEST:
'-Jhcut:\t;..~ k': fl'UO/)J)t:..
Marjorie K. Wahlsten, City Clerk
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Resolution No. P- 88-68
Page 13
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 foregoi~g ,
. Resolution, No. P~88-68, was duly adopted by the City Council at
'a meeting of said Ci'ty Counci,l--held on-,the 31st day of ' May
1988, and that it was so adopted by the following vote:
,
AYES: BRANNON, HIGGINSON, TARZY, KRUSE, EMERY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
"/11 (l/"-"" 1c~ 1<' LJIJ f0fV', ~
Marjorie\K. Wahlsten, City Clerk
City of Poway
R/R-5-31.4-16