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Covenant Regarding Real Property 1988-163377 ~~ , ,Ii , 81163377 , . , ~-; 926' .;' r;:::::;- .~;:., ~ ~.,,:~ . ,~.~:::''1 '-;-~, 1 ',..,;;d4j/lfJE[} IIJ ,f,'" ,1 .,' 1 n..fW r fi_~i:.~[~.~TfEHljI4n~:; ; RECORDING REQUEST BY: ) ~ .::' '''fii'"Fl"U PUPt'i" r' . ) < .. ~--~~~:;;~~~l;.{rj~. 'J. t t 1 . t. ~ CITY OF POWAY ) i;lBG Al'R ~ 8 PI4 2: 4 5 ) Li""'i I L'," F~ WHEN RECORDED MAIL TO: ) , , ;'p~j:'H'f"': ;;.;:'pofhf"f ' ) " 'HO . 1 ....\,.t., \1.'. { . CITY CLERK ) , CITY OF POWAY ) RF P,O. BOX 789 ) AR ( .- i POWAY, CA 92064 ) MG ) No Transfer Tax Due ) (This space for Recorder's use) COVENANT REGARDING REAL PROPERTY Poway Country Plaza" a Ca1~'bWN%'Io ~imit;ed!tarttersllt,P tlest Qd~'~se~' ~8rp8rat18R erelna ter lS e owner of real property described in Exhibit A which is attached hereto ~nd made a part hereof ("PROPERTY" hereinafter). In consideration of the approval of Development Review 87-14 by the City of Po way ("CITY" hereinafter). OWNER hereby covenants and agrees for the b?nefit of the CITY, to abide by conditions of the attached resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. OWNER agrees that OWNER's duties and obligations under this Covenant are a lien upon the Property. Upon notice and opportunity to respond, the CITY may add to the tax bill of OWNER any past due financial obligation owing to CITY BY way of this Covenant. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. The CITY may assign to persons impacted by the performanc 0 this Covenant the right to enforce this Covenant against OWNER. POWAY COUNT Dated: MelL 4- ,lq~ OWNER--.:r E BENR . R (Notarize) .;.; Dated: CITY OF POWAY . By P~_.tL,. zu,r-~ E (No need to Not ize) , , D:NOR-3-22.1 . . - -- PARTNERSHIP ACKNOWLEDGMENT 927 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5ta te of CALIFORNIA On this the ~ day of APRIL 1988 , before me. * * ) 55. * '; '" County of SAN DIEGO ) * . " the undersigned Notary Public, personally appeared * . * ,* JAIME BENREY * , * * " IK] personally known to me * , * * * OFFICIAL SEAL [] proved to me on the basis of satisfactory evidence * ISABEUA GElMI * NOTARY PUBLIC - CALIFORNIA to be the person(s) who executed the within instrument * * SAN DIEGO COUNTY on behalf of the partnership, 'and acknowledged to me that * * My comm. expires JUt 29. 1991 the partnership executed it, * * ------ ....--... WITNESS my hand and Of~jal seal. * * ~t1DlIDQ_ ~\ * * * . * Notary's Signature * .. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ), ...... .14" .~t' E R . . , ". . ('~. r . ,~....- -. -1 ( ( '"",) c!,,:' 1 " o. 928 \ ~CLc::;~ !~:,::-.<,::, ' . oJ , . :.:~'. ...., :.'.:. . - I.' . . ."- ORDER NO, 929210-18 LEGAL DESCRIPTION - THE ,LAND .REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF r DESCRIBED' 'AS FOLLOWS: COMMENCING AT A POINT WIi:ICH IS 30 FEET DISTANT NORTHERLY AT RIGHT ANqLES FROM THE CENTER LINE OF THE 40 FOOT COUNTY ROAD TOPOWAY, SAID POINT OF COMMENCEMENT BEARING NORTH 70002'46" EAST, 1005,15 FEET FROM THE INTERSECTION OF THE SOUTHERLY LINE OF SAID' SECTION '14 WITH THE CENTERLINE OF MISSION ROAD. 1-A AT STATION 378 PLUS 70.9 AS SHOWN ON MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID S~ DIEGO COUNTYr BEING ALSO THE SOUTHWEST CORNER OF LAND DESCRH!ED IN DEED TO EVERETT DANIELSON, ET UX, RECORDED OCTOBER 16r 1940 IN BOOK 1085.r PAGE 127 OF OFFICIAL RECORDS; THENCE PARALLEL WITH AND 30 FEET NORTHERLY AT RIGHTANGLES TO THE CENTER LINE OF SAIDPOWAY ROAD, SOUTH 83020'00" WEST, 267.37 FEET TO THE SOUTHEASTERLY CORNER OF THAT CERTAIN EASEMENT DESCRIBED IN PARCEL 2 IN DEED TO J. FRANK ZITTELL, ET UX, RECORDED MARCH 26r 1947 IN BOOK 2374, PAGE 80 OF OFFICIAL RECORDS r BEING THE TRUE POINT OF BEGINNING ; THENCE CONTINUING SOUTH 83'20'00" WEST ALONG SAID PARALLEL LINE APPROXIMATELY 20 FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO ROLAND H. E. WEICHEL, ET UX, RECORDED APRIL 16, 1949 IN BOOK 3162, PAGE 429 OF OFFICIAL RECORDS; THENCE NORTH 00'43'00" EAST ALONG THE EASTERLY LINE THEREOF r 165 FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN PARCE,L 1 IN DEED TO ALLAN V, BONSTEL, ET. UX r RECORDED JULY 1,5, 1955 IN BOOK 5717r PAGE 55 OF OFFICIAL RECORDS; THENCE NORTH 00' 13"'9()!i WEST ALONG THE EASTERLY LINE THEREOFr 155 FEET TO THE NORTHEASTERLY ., CORNER OF SAID BONSTEL'S LAND; THENCE SOUTH 83'20'00" WEST ALONG THE NORTHERLY LINE THEREOF 167. 36 FEET r NORTH 00' 43 ' 00" EAST TO THE SOUTHERLY LINE OF LAND DESCRIBED IN PARCEL 1 IN DEED TO FRANK, ZITTELL, ET UXr RECORDED MARCH 26, 1947 IN BOOK 2374r PAGE 80 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED, IN DEED TO HARRY G, KEITH, ET UXr RECORDED JULY 19r 1948 IN BOOK 2876, PAGE 391 OF OFFICIAL RECORDS 1 THENCE SOUTH 00 '43' 00" WEST ALONG THE WESTERLY LINE THEREOF TO THE TRUE POINT OF BEGINNING, i'XHIBIT A ~ - .._-...............~<,.,.'--.~ ,.1'" :..,,:.f [R I'. ......'... "'V' ( ( '.... __'~' . .........., i ~ ":-:!:S:~~;:~E~!~~~"I; ." ~'~-::";":'- " ,/!;:: IJ . 9 2 9 . ORDER NO. 929210-18 PARCEL 2: _ ALL THAT, PO~TION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTiON 14, TO'WNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIANr IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: THAT PORTION OF THE LAND DESCRIBED IN PARCEL 1 IN DEED TO J. FRAl:lK ZITTELL AND CHARLOTTE G, ZITTELL, HUSBAND AND WIFE, RECORDED MARCH 26, 1947 IN BOOK 2374r PAGE 80 OF OFFICIAL RECORDS, LYING SOUTHERLY OF A LINE THAT IS PARALLEL WITH AND DISTANT 40 FEET SOUTHERLY AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION ~4 FROM WHICH THE" SOUTHWEST CORNER OF SAID SECTION BEARS SOUTH 00 '31' 00" EAST; 580.04 FEET, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY THE CENTER OF WHICH BEl'.RS SmiTH 25'34'04" EASTr 2500 FEET FROM SAID POINT; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26'30'04"r A DISTANCE OF 1156.33 FEET; THENCE TANGENT TO SAID CURVE SOUTH 89'04'00" EASTr 440,15 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFTr HAVING A RADIUS OF 1200 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID ZITTELL LAND. EXCEPTING THEREFROM THAT PORTION THEREOF LYING EASTERLY OF THE NORTHERLY PROLONGATION OF THE CENTER LINE OF THE LAND DESCRIBED AS PARCEL 2 IN SAID DEED TO J. FRANK ZITTELLr ET UXr RECORDED IN SAID BOOK 2374, PAGE 80 OF OFFICIAL RECORDS. EXHIBIT A - -L>--' .___......._______ ',' . . " 930 c '" RESOLUTION NO. p-88-30 ( A RESOLUTION OF TH,E' CTTY COUNCIL OF THE CITY OF ,powAy, CALIFORNIA APPROVING DEVELOP,MENT REVIEW DR 87-14 ASSESSOR'S PARCEL NUMBER 317-540-26 WHEREAS, Development Review 87-14 submitted by \vest Odessey Corporation, applicant, requests the construction of a 10,543 square foot retail center for the property located at 12469 poway Road, in the CG (Commercial General) zone; and WHEREAS, on March 22, 1988, the City Council held a dUly adver- tised public hearing to solicit comments f rom. the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1 : Envi.ronmental Findings: The City Council finds that this project '",ill not have signifi- cant adverse impact on the environment and. hereby issues a Negative Declaration. Section 2 : Findings: ( l. That the prooosed development is in conformance with the poway General Plan, in that the General plan designates the site for commercial development. 2 . That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, in that the proposed buildihgs are architecturally compatible with surrounding commercial developments, and the required improvement wil'l protect i~e publ~chealth and safety. 3. That the proposed development is incompliance with th'e', Zoning Ordinance, in that all development stan6ara~ will be met through project construction. 4 . That the proposed development encourages the orderly and harmonious appearance of structures and property within the City, in that the proposed building '",ill incorporate architectural detaili, materials, and colors that will be complementary to Poway's rural character. Section' 3: Ci.tv Council Decision: The Ci ty Council hereby i'lPproves Development Review 87~l4 sub- ject to the following conditions: ~ EXHIBIT B -.. - ........--. . 93R . Resolut,ion No. p-88-30 ( Page 2 Wi thi;n 30 days of approval , the applicant shall submit in 'wr {it<fng that al1' condi tions of approval have been ,read and understood and the property owner shall execute a Noti:ce' of Restriction on Real Property. Road Improvements 1. Remove and replace broken concrete curb ,and gutter, including repair of damaged street pavement, and construct' new concr'ete sidewalk on the southerly half of poway Road fronting the development. 2. Any existing driveway to the project that is proposed to be closed (as shown in the site plan) shall be replaced with concrete curb, gutter, and side,walkto City specifi- cation's. Water A fire hydrant shall be installed at a location to be determined by the City Fire Marshal. Material specifications shall be per Ci.ty of poway standards. C Drainage A detailed 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 capaci,ty of existing drainage devices, construct'ion of additional drainage dev,ices and/or modification to existing drainage devices is necessary to miti- gate the effect. Such devices shall be per City Engineer's approval. ; Miscellaneous l. The developer shall install street lights along the, deve'-, lopment's frontage on poway Road, the exact locations of which shall be determined f'rom a plot plan to, be submitted by the developer's engineer showing the location of existing street lights on poway Road within a 500 foot radius from the exterior boundary of the oroject. Said plot plan shall be submitted upon demand by the City. 2 . Prior to building permit issuance, the developer shall pay to the City's Public Services Department, the develop- ment's pro rata share of $4,88l ($25.43 linear foot x 19l.94 ft of frontage) for the con'struction of the poway \~ Road median. . . 932 . Resolution No. P-88-30 ( Page 3 3 . Road improvements and installation of water main, sewer main and street lights, if any, shall be completed prior to issuance of a Certificate of Occupancy. 4. The "flag pole" portion of the development's property must be paved to the satisfaction of the City Engin~er. It shall be shown in the grading plan to be submitted to the City for review and approval. 5 . An automatic fire sprinkler system is required meeting NFPA #13, UBC Standard 38-1, and City of poway require- ments for installation. 6 . A "Knox" security system shall be required. 7. Roof numbers shall be required meeting standards of the Department ,of Safety Services. 8 . Amplified voice and/or music systems outside the building are prohibited. I. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING ( SERVICES REGARDfNG COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SITE DEVELOPMENT l. Site shall be developed in accordance '",i th the approved site plans on file in the Planning Services Departmen.t and the con- di bons contained herein. 2.. Approval of this request shall not waive compliance with all' sections of' the Zoning Development Code and all other appli-, cable City Ord'inances in effect at the time of building permit, issuance. 3. 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 approval by the Planning Services Department. 4. All roof appurtenances, including air conditioners, sha 11 be architecturally integrated, shielded from view and sound buf- fered from adjacent properties and streets as required by the Planning Services Department. \~ ~. 't.. . J 933 . Resolution No. P-S8-30 .~ Page 4 5. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval contained herein shall be ,completed to the satisfaction of the Director Df Planning Services. ~ 6. The applicant shall comply with 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. 7. 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 asphal~ paving shall be 1n 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 or the City. 3. For a new commercia'l or industrial development, or addition to an existing development, the applicant shall pay development (fees at the established rate. Such fees may includei but not be limited to: Permit and plan Checking Fees, Water and Sewer Service Fees. These fees shall be paid pr10r to build~ng per- mit issuance. 9. This approval shall become null and void if building permits are not issued for this pro ject '",i th i n one year from the date of project approval. lO. 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 of identification and/or addresses shail contrast with their background color. B. PARKING AND VEHICULAR ACCESS l. All parking lot landscaping 3hall consist of a minimum of one fifteen (15) gallon size tree for every three (3) parking spaces. For parking lot islands, a minimum 12 inch wide walk adjacent co parking stalls shall be provided and be separated rrom vehicular d,reas by a 6 i:1ch high, 6 inch w1de portland concrete cement curbing. , '- . . . 9341 Resolution No. P-~S-30 ( Page 5 2. Parking lot lights shall be low pressure sodium and have a maximum height of' eighteen (lS) feet from the flnishedgrade of the parking surface and be directed away from al.l 9roper,ty lines, adjacent streets 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 1n accordance with Safety Services Department require- ments. 4. All parking spaces shall be double striped. C. LANDSCAPING l. A detailed landscape and irrigation plan shall be submitted to and approved by the Public Services Department and Planning Services Department 9rior 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. Existing on-site trees shall be '~etained ".;herever Dossible and shall be trimmed and/or ~opped. Dead, decaying or 90tentially dangerous trees shall be aporoved for removal 3t the discretion of the Planni.ng Services Deoartment during the review of the Master Plan of existing on-site trees. Those trees 'which are approved for removal shall be re91aced on a tree-for-tree basis, as required by the Planning Services Department. 4. Street trees, a minimum of l5 gallon size or larger, shall be installed in accordance with the City of poway Ordinance and , shall be planted at an average of every 30 feet on interior streets and 20 feet on exterior streets. S. All landscaped areas shall be maintain,ed in a healthy and thriving condition, free from weeds, trash, and debris. D. SIGNS l. Any sig\1s proposed for this development shall be designed and appr6v,ed in conformance wi th the S,ign Ordinance. E. RECREATION - NONE I \ . . . .), 93a , Resolution No. p-88-30 ;( Page 6 .P. EXISTING STRUCTURES L prov id'e compliance wi th the UnUorm Building Code for property line clearances considering use, area and fire-resistiveness of existing buildings. 2 . Existing building(s) shall be made to comply with current building and zoning regulations for the intended use or the building shall be demolished. 3 . Existing sewage disposal facili ties shall be removed, filled and/or capped to comply 'wi th appropriate grading practices and the Uniform Plumbing Code. G. ADDITIONAL APPROVALS REQUIRED l. Development Review shall be accomplished prior to the issuance of a building permit for any new building located on the future pad. II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: ( H. GRADING l. 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 of California to 'perform such work at first submittal of a grading plan. 4 . A geolqgical 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 to review and approval by the Planning Services and Publi c Serv"ices Department and shall be completed prior to issuance of building oermit. A grading permi t shall be obtained from the City's Public Services Department prior to grading the site. i . . . , . 936 Resolution No. p-88-30 ( Page 7 6. A pr,e-blast survey of surrou~ding property shall be conducted to the satisfa.ction 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, only if there"s rock blasting. I. STREETS AND SIDEWALKS l. All Circulation Element roads shall be dedicated and improved to Circulation Element road standards and to the specifications of the Director of Public Services. 2 . Vehicular ,ac,cess rights to Circula.tion Element roads shall be dedicated to the City of poway and labeled on the final map to the satisfaction of the Director of Public Services or by separate document. 3. Sidewalks ( 4 . 5 / 8 ) feet in ',-lid th shall be required on one side of poway Road (south side) . Q Reciprocal aCCess and maintenance and/or agreements shall be provided insuring access to all !Jarcels over private roads, drives ( or parking areas and maintenance thereof to the satisfaction of che Director or Public Ser?ices. Reciprocal access and main- t.enanCe agreements shall De reviewed and approved by the City prior to recordation. Recordat.lon or agreements must oe done prior to bUilding permit issuance. 5 . Street striping and signing shall be installed to the satisfaction of the Director of Public Services. 6. 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. 7. All. exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Public Services. 8. Street im~rovements that include, but are not limited ':0: X a. Sidewalks e. Cross Gutter X b. Driveways - . ,'Illey ?utter c. "heel chair r am9s g. Street pa v 1 n 9 d. Curb and gutt.er h. Alley paving shall be constructed prior to the occupancy of the units to the \ satisfaction of the Director of Public Services. . . . . 937 .. Resolution No. P-88-30 ( Page 8 9. All 6amaged off-site public '",orks facilities, including parkway trees" snall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Public Services. lO. Prior to any work being performed in the public right-of-way', an encroachment permit shall be obtained from the Public Services office and appropriate fees paid, in addition to any other permits required. ll. The developer shall pay one half the cost of a City approved landscaped median along the project ,fronta,ge( s) prior to building permit issuance. l2. Street improvements and maintenance shall be made in accordance with City Ordinance standards for urban street poway Road. 13. The developer shall pay the Traffic Mitigation Fee at the established rate prlor to Duilding permi t lS5llance.. 14. An alley-type commercial driveway \'lith modified handicap ramps parallel to the si,dewalk. shall be constructed to the satisfac- tion of the City Engineer. ( J. DRAINAGE AND FLOOD CONTROL l. Intersection drains '",ill be required at locations specified by the Director of Public Services and in accordance with standard engineering practices. 2 . A drainage system capable of handling and disposing of all sur- face water originating within the subdivision, and all surface waters that may flow'onto the subdivision from adjacent lands, shall be requi'red. Said drainage system shall include any easements ilndstructures as required by the Director of Public' Services to properly handle the drainage. 3. The Master Plan of Drainage Fee shall be paid at the establ'ished rate in accordance with the Drainage Ordinance at the date of final inspection or at the date .' cert.ificate of L...:l2 occupancy is issued, '.vhichever occurs later. "- Concentrated flows across drive'ways and/or 5 id2'IJalks shall not b'e permitted. I , , . · . 938 . ",," Resolution No. p-gg-JO (Page 9 '. K . UTILITIES 1. All, proposed utilities within the project shall be installed underground including existing utilitfes along Circu~ation Element roads and/or highways less than 34.5 KV. 2. Utility easements shall be provided to the specification of ' the servrng utility companies and the Ditector of Public Services. Easements for waterlines, sewer lines and drainage to be dedi- cated to the City of Poway, if any, shall have a minimum width of 20 feet wide for each easement. Recordation of easements must be done prior to building permit issuance. 3. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. 4. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of poway and the Health Department of the County of San Diego. 5. Prior to acceptance of property for sewer service, annexation to the sewer improvement area shall occur. 6. The applicant shall pay eor a water system analysis to establish the proper size and location for the public water (system. The amount '",ill be determined by the cost of the ana- lysis and shall be paid upon demand by the City. o The applicant shall, '",ithin 30 days after receiving approval of ~ the development review, apply for a Letter of Availability (LOA) to reserve sewerage availability and post with the City, a nonrefundable reservation fee equal to 20% of the appropriate sewerage connection fee in effect at the time the LOA is issued. 8. Developer shall construct a light system conforming. to City of Poway Standards at no cost to the public, subject to the following: a. Cut~off luminaries shall be installed which will provide true 90 degree cutoff and prevent projection of light above the horizontal from the lowest point of the lamp or light emitting refractor or device. b. All fixtures shall use a clear, low pressure sodium vapor light source. c. AdY9nce energy charges and District engineering charges shall be paid by the developer. ( .,,". .~ . , .' ~ 939' . Resolution No. P-88-30 '~ Page lO d. Annexation to the lighting district shall be accomplished and evidence of annexation shall be accomplished at the ~1me of final inspection or certificate of occupancy, whichever occurs first. 9. Cable televisiOfr services shall be provided and installed , , underground. The developer shall notify the Cable company when trenching for utili~ies lS to be accomplished. L. GENERAL REQUIREMENTS AND APPROVALS - NONE APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 22nd day of March, 1988 ATTEST: '---- ,- , (I"", !. ,/ "1 '" "C' ( ",,1..,,',,-",-,- ,_ ,,',-'''-L,;, "- 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'i that the foregoing Resolution, No. P-88~30 ,was duly adopted by the City Council at a meeting of said City Council held on the 22hd day of March , 1988, and that ~t was so adopted by the following vote: AYES: Brannon, Higgi::son, Kruse I Emery NOES: None ABSTAIN: None ABSENT: Tarzy " 1 .' 'I I', , ) .., fi " ,,/ 'j '0,' - T : j'11.0-\I"'-<... i"-- ",", ,......., V-,.. \ MarjorieK. Wahlsten, City Clerk R/R-3-22-1.10 City of, poway '----" <<