Covenant Regarding Real Property 1991-0000317
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1052
DOC i; 1991-0000317
02-JAN-i991 08:36 AM
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CITY OF POWAY
SAN DIEGO COUNTY RECORDER'S OfFICE
VERA L. LYLE, COUNTY RECORDER , . ^
FEES: ~
WHEN RECORDED MAIL TO:
CITY CLERK
CITY 8F POWAY
P.O. BOX 789
POWAY, CA 92064
i<F ~22...
Ae 2-0
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No, Transfer Tax Due
(This space for Recorder's Use)
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COVENANT REGARDING REAL PROPERTY
Park place Poway, a California Gener.al Partnership ("OWNER"
hereinafter) is the owner of real property described in Exhibit A
which is attached hereto and made a par.t ,hereof and which is
commonly known as Assessor's Parcel Number 317-130-60, 28
("PROPERTY" hereinafter). In 'consideration of the approval of
Tentative Parcel Map 90~04, Conditional Use Permit 90-10,
Development Review 90-12, and ,Sign Permit90~44 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 (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.
In the event that Tentative Parcel Map 90~0.4" Conditional u:se
Permit 90-10, Development Review 90-12, anq Sign Permit 90-44
expire or are rescinded by City Council at the ,request of the
OWNER, CITY shall explinge this Covenant from the record title of
the PROPERTY.
C'.
If either party isrecwired 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 performance of this Covenant; the fight to enforce
this Covenant against OWNER.
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Dated:
/ 24 y~96
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Dated:
OWNER (Notarize)
Dated: ~/3.''i90
CITY OF POWA.Y
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LEGALoESCRtPTlON
APOR!19N QI; THEiSW'1/4 OF rriENE 1/40FSE(;TION 13, TO'tJNSHIP 14 SOUTH,
RANGE 2,WEST, SANBERNARDlNO BASE AND MEI'lIOIAN, IN THE CQUNlYOF!?At'l
DIEGO. STATE Of CALIfORNIA
this the
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o proved to me on the basis of satisfactc)ry evidence *
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COUl),tyof
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On this' the '8,dayof [)..c'emh",r
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the UI1deJ:esigned NOtary, . Public , persona.lly appeared
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RESOLUTION ~O. P-90-84
A RESOLUTION OF THE CITY COUNCIL
OpnTHE" 'ciTY OF POWAY, ;CALIFORNIA
,APPROVING TENTATIVE PARCELMAP'90'-04,
CONDITIONAL USE PERMIT'90~10,
DEVELOPMENT REVIEW 9'O~_12, AND
SIGN 'PERMIT 90-44'
ASSESSOR'S PARCEL NUMBER 317-130-60, 28
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WHEREAS, Tentative Parcel Map 90~04, ,Cond-itionaI Use Permit
90~10, Development Rev:Lew90-1'2, and Sign pe!='mit 90-44, hereinafter
"Map" descri'bed as apor,tion of the southwest 'quarter of the
northeast quarter of Sectlon':13, Township '14, SOlIth, Range '2 West,
San, Bernardino Base and Merfd'fan, in the, CoUnt:y of San 'Diego, State
of California, submift.ed' by Wal-Mart 'Store's Inc9rporated ,:
applicant, requests approval of a three cOrnm~rci"a.1 lot parcel map
and to construct a 125,99,9 sgupre foot, retail b.und.iIlg with garden
and auto service center:!,an21 a IS foot high rnonumen't ,sign for the
property located at 1'71'70 Community Road in the CC Zone,;" and
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WHEREAS, on Novembe"i' 13, 1990, the citY'C9llllcJI held a hearing
on the above-referencedi,t,em. '
NOW, THEREFOHE, the city Council does hereby res'olve as
follows:
Section 1: Environmehtal Findinqs:
The City Council finds that th~s project will not have a
significantagverse impact on the environment and hereby
issues a , Negative ,Declaration with m-itiga;tion'measu,res as
conta:rried in'the' conditions of approval.
Section 2: F:Lndinqs:
Tentative Parcel Map 90-64
The Cd. ty Council makes the forlow:Ihg findings regarding
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Tentative Parcel ;Map 9,0-04 and the Map .thereof:'
1 .,The proposed proj'ect will ,be consistent w.ith the e:xisting'
general pl?n and ,tnere is a reasonable probabili,ty that
the pr(),j"ect will be consistent'wit,j'1 the proposed general
plan, -
2. The design o!=, :Lmprovement of the tentative parcelri1apis
consistent, with' all appHcable 'general and specific
pJ.ans,; in that the design, is cond,itioned to cOI1{ormto
the development standards of" the Commercial Community
'Zone.
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Resolution No. P-90-84
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The site 'is physically suitable for the type of
development proposed; in that' the site is located within
the central commercial corridor.
The site is physically suitable for the. density of the
development proposed, in th~t the lot is relatively flat
and lends its~lf to commercial development.
The' design of the project is not likely to cause
substantial environmental damage and avoidable injury to
humans and wildlife or other habitat; in that these
factors were considered in, the Environmental Assessment
for the pr9j:ect. A Negative Declar.ation with mitigation
measures,will be issue9 for the project.
The tentative 'parcel map is not likely 1:0 cause serious
public health problems,; in that all lots will be served
by public water and sanitary sewer service.
The -design of'the t,entative parcel map will not conflict
with any easement by th~ public at large, now of record,
for access' through or use of the property wi thin the
proposed comrilercialslibdivision.
3.
4.
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"Conditional Use Permit 90-10
The City Council makes the following findings regarding
Conditional Use Permit 90-10:
1. That the location, size, design, and operating
charact,eristics of the proposed use will be compatible
with and' will not, adversely affect, or be materially
detriment'al to adj,acent uses" residents, buildings',
structures, or natural resources, in that the use will be
located within the proposed shopping center and an eight
foot wing wall and three foot berm and f,ive foot wall
combination will be provided to screen the project and to
provide acoustical mitigation. from multi-family
residential uses to the north and east and lighting for
the proj ec't 'has been designed to, minimize glare and
spillage.
The hours o.f. op,eration will be restricted to limit the
scope of operation concerning generation of noise.
2 .
That the scale, bulk, coverage, and density is consistent
~j,t.h ?gjacent uses, in that all development standards of
the' Zoning Development Code ar'e met and is significantly
below the 30 percent maximum building coverage allowed in
the CC Zone. ~he auto center will be architecturally
integ~ate~ in the Wal-Mart store through building
materials ,and ~oloration.
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3.
That there are available public facilities, services, and
utilities available to serve the new center.
4.
That there will not be a harmful effect upon desirable
neighborhood cha~acteristics sinc~ con~truction of th~
new building will require the erection of a berm and wall
combination wall to partially screen service bays from
views in all directions.
5.
That the generation of traffic will not adversely impact
surrounding streets and/or the City's Circulation
Element, in that main access will be combined with that
of the adjacent center and all parking will.be contained
within the site. The Environmental Assessment and
Traffic study have detailed mitigation measures for
street improvements.
6.
That the site is suitable for the type and intensity of
use or development which is proposed" in that the General
Plan and Zoning Development code allow auto servicing as
a commercial use in the CC zone with benefit of a
conditional use permit.
That there will not be significant harmful effects upon
enviro!lJ1:lental quality and natural resou~cesbecause any
environmental issues raised in the Initial study will be
mitigated in the conditions of approval to a level of
insignificance.
8. That the impacts, as described above, and the location of
the proposed use will not adversely ,affect the City of
poway General Plan for future as well as present
development because this property has been designated for
Commercial Community uses.
Development Review 90-12
City Council makes the
Development Review 90-12:
1. That the, proposed development is in conformance with the
poway General Plan, in that auto services are allowed in
the Commercial Community zone with approval of ,a
condi tional use permit. The Wal-Mart retail operatton is
permitted by right in the Zoni'ng Development Code.
2.
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following
find ings
regard i'ng
That the proposed development will. not have an a<;lver,se
aestheti'c" health, safety, or architecturally related
impa,ct upon adj oining properties, as noted under the
findings in the preceding sections.
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That the proposed develoPllleIlt is in compliance with the
zoning OrdInance, ,in that all development standards will
be met in development of the project.
The proposed development encourages the orderly and
hCirmonious ,appearance of structures and property within
the, City because it camplies with the design guidelines
'of the GeneraJ,J?I'an and proposes structures that are
similar in architectural s'tyle' to other commercial
buildings in the adjacent shopping center.
S'iqn Permit 90-44'
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City Council makes the fallowing finding, regarding Sign Permit
9'0-44:
In 'accordance with Resolution No. 85~967, City Council
finds that the, Wal-Mart proj ect has unusual circumstances
,in that .the build'ing is setback over 600 feet from the
street ana is sligptly below grade,~nd hereby appraves a
monument sign of 15 feet as measured 'from the nearest top
'of~ curb, OIt, 'Community' Road.
Section 3: "City ,Council ,Decision:
'The City Council :herebyapproves Tentative Parcel Map 90-04,
Conditional Use ~ermi,t 90-10, Development Review 90-12, and
Sign Permit 90-44 subject to the following conditions:
1. Wi thin 30 days of approval (1) 'The Applicant shall submit
in writing that all cond i tionsof appr,oval have been read
and understood,; afld (2) the propertY owner shall execute
a Covenant on 'Real Property.
2. The use cond~tionally granted by this permit shall not be
conducted in'such a manner as to ,interfere with the
reasonable use and enjoyment of surrounding residential
and commercial uses.
L 'site ;.shaIlbe devel()ped in accordance wi th the approved site
'plans on:r:ile in the Planning Services Department and the
conditions contained herein.
2". ' Re'v.f,sed'Si te plans and building elevations incorporat'ingall
,condiMons, of ,apprQ),~al shall be submitted fo the Planning
Sei:vice;;, Dep,artme'nt prior to issuance of building permits.
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,!,he :prbj,ec.t wl"Il be subj ect to an annual review by the
Plan[ling Dil:'ector. per Section 17.48,.140 of the Zoning
Development Code to monitor compliance with the conditions of
approval.
4. Site development requirements. for handicapped accessibility
found in Chapter, 71 of the State of <;:alifornia Building
Standards ,Code must be adhered to. All new buildings shall be"
accessible thl:'oughout.
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5. Approval of:,this request shall not waive compliance with all
sections" of the "Zoning Development Code. and all other
applicable Ci:ty" Ordinance in' effect .at the time of building
'permi t - issuance. = ~',... ~ c, , .." .,
6. The applicant shan comply with the lafe~t adopt~d0niform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
National E1ectric Code, Uniform Fire" Code, and all other
applicable codes and ordinances in ef,fect at the time of
building permit i'ss\iance.
7 .
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. Said, trash enclosure shall not be located
adj acent' ,to'roadways unless adequately screened by the
berm/wall combination,.
8.
All roof appurtenances, including air.. conditioners, shall be
architecturally' integrated, shielded' from view and sound
buffered from adjacent properties and streets as required by
the Planning Services Department. De~ai:ls shall be provided
on the construction set of plans submitted to the Department
of Building Services.
, 9.
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 Directors
of Planning and Engineering Services.
For a new commercial development, 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, prior to bu~lding permit issuance.
T,raffic Mitigation, Drainage, Water Base Capacity, Sewer Line
Charge, and shall be paid prior to parcel map approval or
building, permit issuance, whichever occurs first.
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permi t and ,plan checking fees shali be paid upon submittal of
a map, improvement, and/or grading plans, as applicable.
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SewerhPnexation, street Light Ener9Y Charges, and Fire
P,rotection Eees must be paid in full pr'iorto scheduling of
~he parcel map fOr City Council approval.
All other fees, including but not limit to, Water Service
Fees,Remaining Sewer Connection, Sewer Cleanout, and Sewer
Inspection Fees shall be paid prior to building permit
-issuance.
*1~. Hours of operation ~or the auto service ~enter shall be from
9: 00 a.m. to 9.:00 p.m. However, additional hours may be
authorized on the bas-is of addi tiorial acoustical analysis
submitted to the Director of Planning Services.
12. This approval shall become null and void if building permits
are, not issued for this proj ect wi thin two years from the date
of project approval.
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"13. Delivery trucks .shall not leave their engine running during
unloading of goods before or after store hours.
14. The proj ect address shall be changed from 17170 Community Road
to 13400 Community Road to be consistent with City of poway
standards for addressing.
*15. As part of the first annual review of the CUP for the auto
center, the applicant shall submit an' acoustical analysis to
fulfill the mitig,ation monitoring provisions of AB 3180 and
the City's Noise Ordinance. Should noise complaints be
received from surrounding residents,' more frequent review and
additional mitigation ,measures may be required . In the
absence of noise complaints, further acoustical analys is shall
not be required fOr subsequent reviews.
16. A sa~ple of ,the "black steel picket" fence shall be approved
by the Director of Planning Services prior to issuance of
building permits.
17. All masonry screen walls shall be constructed of split face of
slumpstone block. The use Of cinder block is prohibited.
18. A bus shelter and bus turnout shall be constructed on Hilleary
Place . Said turnout shall be approximat",ly .16 0 feet in length
as determin'ed by the. Director of Community Services and the
County Tr.an'si t Department. The shelter shall be designed
using ,the :8i ty' s standard drawing., This turnout will be
incor:porated in ,the proj ect landscape setbacks and will not
affect the proposed parking layout.
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*19. The sound attenuation wall shall be constructed according to
the recommendations of the sound study. Said wall shall be at
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Ie'ast 20 feet, from the east and west ,side of, the north wall of
;the, auto service center. The wall must be of'solid
construction and be at least 3.5 pounds per square foot.
Construction 'drawings shall be signed by an acoustiCal
engineer to ensure compliance.
PARKING AND ,VEHICULAR''ACCESS
1 . All parking lot landscaping shall cons:ist, of a minimum of one
15 ,gallon size, tre'e' ,for every three spaces,., Further reduction
of thenumb:er of 'trees in the asphalt area ,of the parking lot
shall not be approyed. On either side' of 'the parking ,lot
islands, that 'are adjacent to parking stalls, a, six incn high,
six inch wide portland concrete cement, curbing will be
provided and a six: inch wide concrete ';wa'lkn included within
the landscaped island area.
*2. Parking lot lights shall be designed in compliance with
Municipal Code Section 17.10.150 .H. Lights shall be' low
pressure sodium' arid have a maximum height of 30 feet.fromthe
finished grade of, tfie' parking surface' an'd be directed away
from all property lines i adj acent streets and residences.
Written certi.ftc?tion of compliance with, lighting standards
shall be provid'ed, prior to issuance of building permits.
3. All two-waytraf.fic aisles shall be a minimum of 25 feet wide
and emergency accE?ss shall be provided, maintai,ned free and
clear, a minimum of 25 feet wide at all times during
construction iri ,accOrdance with Safety, SE?rvices Department
requirements; The main entry aisle sharI be a minimum of, 34
feet, to promote" the, theme ofa grand ,entry.
*4. All parking spaces shall be double striped such that each
space is eighbfeet six, inches wide ,center to center. A
restripingprogram shall be vigorously pursued by the
maintenance c~ew for the center. All directional arrows in
the parking area' shall remain visible and be painted as, often
as necessary for ,public safety. Thermoplastic arr,ows shall be
used at th,e'!" mairientry aisle and on all one way aisles to
ensure durability.
"5. The stripirigand si'griing program for the parking lot shall be
submitted to theT,raff,icEngineer' and Director of Planning
Services prior to approyal of improvement plans.
LANDSCAPING
1.
A detaile,d landscape and irrigation plan 'shall be submitted to
and approved by the Planning Services Department prior, to the
issuance o.f building permits . Landscape plan Check Fees shall
be paid at the established .rate,.
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\ Resolution No. p-90 - 84
Page 8
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2. The Landscape plan shall be, t:evisedto be consistent with the
civil plans sllbmi"tted. for wal~Martby Safino, Butcher ,and
Ormonde. All landsc;apeplans shall conform to the City of
poway Guidelines to Landscape Development and City of poway
Landscape standards.
3. street trees, a minimum of 15 gallon size or larger, shall be
installed in accordance with the City of poway ordinance and
shall be, planted at' a,n(jverage of every 30 feet on Hilleary
place and 20 feet on Community and Midland Roads.
4. All landscaped areas shall be maintaihed' ilia healthy and
thriving condition, f,ree from weeds, trash, and debris.
5. The proj:ectshall be annexed ,into the appropriate Landscape
Mainten'ance; District (LMD) prior to final map approval.
6: Vine pOCkets on six columns of the westerly elevation shall be
installed prior to certificate of occupancy.
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The installation of vines
strongly recommended to
graffi ti., If, upon annual
a problem for the project,
become mandatory.
8. All cart stacking 'tack areas in the parking lot shall be
surrounded by landscaping.
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on the screening walls is
reduce the likelihood of
review by staff. graffiti is
the add'ition of vines shall
9. The island o,fpav~ment at the southerly driveway on' Community
Road shall be landsc~ped with low growing plants.
10.
The 20 foot periph.eral setback from the
out lots shall 'b~ landscaped prior
occupancy for the Wal-Mart building.
property line for the
to certification of
SIGNS
1. Any additional signs proposed for. this development, other than
the 15 foot monument and 150 square foot channel letters on
the front facade, shall be des:igned and approv.ed in
conformance with the Sign Ordinance.
2. ~igll(lge for tile ,auto and garden ~ervice centers shall be
l1mited to ini:Hvidual channel letters no greater than 18
inches in height. This standard was dev"eloped and implemented
at Twin Peaks Plaza.
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Resolution No. P-90-84
Page 9
'ADDITION!\L,APPROVALS REQUIRED
I,. The ?pplicant shall provide verification of state Bo~rd of
Equal'ization notification and that appropriate reviews and/or
approVals have been accomplished to the satisfaction of the
:i:lii'e.ctor.:ol Adm,~!!istIative Services.
2. Development of ,the. two remaining commercial lots shall be
reviewed by City' Council through .the 'development review
procedure. The 30"P()0 s.quare foot "future, addition" for the
Wal-Mart building shall be reviewed by City Council as 'a
development, review and may require additional conditions of
approval. Any condition of ,approval will be limited, to on-
site improvements. .If, proposed expansion,i.ssubmitted 'within
five..years of', this approval, no add'itional off'-site.
improvements will .be required.
APPLICANT SHALL ,CONTACT: THE DEPARTMENT oy EN,GlNEERING SERVTCES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
1.
Grading of the subj,ect property shall be in accordance with
the Uniform Building Code, City Grading Ordinance, approved
grading plan and geotechnical report, and accepted gradil1g
practices.
2. The grading plan shall contain a certi'j"icate signed by a
registered civil engineer that the gr,ading plan has preserved
a minimum of 100 square fee of solar. acc",,ss for each dwelling
unit and for each future building site within the subdivision.
3. A soils report "hall. be prepared by a qualified engineer
licensed by the,State. of California to per:form such work
at first submtttal of grading plan.
4. A geological report shall be prepared by a qualified engineer
or geoiogist and submitted at the time of applicatio'n 'for
grading plan check.
6. A pre-bl'ast sur'\Ieyof surrounding property shall be conducted
to the satisfaction of the City Engineer prior to any rock
blastin~. Seismic recordings shall be taken for all blasting
and blasting shall occur only at locations and levels approved
by the City Engineer. '
7. Rough grade approval must be completed prior to issuance of a
buildi'iig permit.
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Resolution No. p- 90 - 8'4
Page 10
STREETS AND SIDEWALKS
1. If street frontage improvements require acquisition of ri~ht-
of-way, and developer and the City must exhibit due diligence
in acquiring saidr'ight-of-way. Issuance of the certificate
of occupancy ,for the subj ect development, shall not be withheld
pending improvements to those areas where construction was not
possible due to delay in right-of-way acquisition. If the
City cannot acquire, the right-of-way necessary to construct
these improvements wi thin 12 months or the failure of the
developer's negofiations for acquisitions, any bonding
securing these improvements shall be returned to Wal-Mart.
*2. Hilleary place shall be constructed (Traffic Index - 7.0) with
50 feet of pavement, concrete curb ahd gutter, and a concrete
meandering sidewalk on the south side with a minimum of 70
feet of right-of~way. Also, Hilleary place shall be striped
with a two-way left, turn lane providing 200 feet of a right
turn ,lane and al00 foot gap at each intersection.
"3. Concrete curb,gutter, and sidewalk shall be constructed on
all streets surrounding the proposed development including the
corner parcel at the intersection of Midland Road and Hilleary
Place.
"4. A r:aised landscape median with concrete curbs shall be
constructed on Community Road. Said median shall be 18 feet
in width. Community Road median from Hilleary place south
shall be designed with 240 feet of left turn storage into the
future park on the west side of Community Road, 120 feet of
side by side tapers, and 180 feet of a left turn "In Only"
median break at the project entrance. Continuing south, there
shall be another 120 feet of taper and 180 feet of a left turn
"In Only'; to the, existing middle driveway into Von' s Shopping
Plaza. ,The medi'an shall continue south to poway Road and be
designed to provide two left turn pockets at the intersection'.
*5. All driveways shall be designed with alley return aprons and
handicap ramps except the driveways on Community Road, The
southerly d,riveway on Community Road shall be designed with a
right turn only exit with a 40 foot radius and raised median.
6. The northerly driv,eway entrance from Community Road shall be
a minimum of 200 feet from Hilleary Place.
"7. On+y one driveway shall be permitted on Midland Road. Said
driveway shall be 300 feet from Hilleary place intersection
and 200 feet ,from the northerly driveway to the poway Post
Office.
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Resolution No. P-90-84
Page '11
*8:'.,
A mihImum of an ,E!O foot throat entrance, measured ,from the
pi'6per,ty :Line, shall be constructed for the driye~ay on
CornnlUnity Road and a.minimum of a 40 foot -throat, ,m'easured
fr:om, property l'fne, shall be constructed. for: those dd. veways
on' Hilleary Place' and Midland Road unless otherwise shown on
the approved site plans.
"9. The west side of Coinmunity Road at Hilleary Place shall be
constructed withaddftional pavement so as to provide for u-
Turns.
10. Developer shal;L,acquire an encroachment, perIni:\: for any private
improvements placed wi thin the publk right-of-way.
'*11. Modify the striping from poway Road to,von I s driveway to match
south Community Road.
"12. Restripe Midland Road from poway Road through, the in,tersedtion
at Hilleary Plac'e, , Restripe the Mid"land Road/Powa'l Road
inter'se'ctiori southbo!-llld approach lane" 'to prov idea s'irigle
left-turn, lane, a left/thru lane, and a right-turn lane.
13. All surrounding streets shall be r.estriped to include bike
lanes with a minimum width of four feet'.
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*14. Signalize the COl1)l11unfty Road/Hilleary Plac,e 'intersection and
the Midland koad/Hill~aty place intersectioh.
15. All public utility lines, (i. e., drain'age, water, sewer')' not
located wi thin a public street shall' have :improved access over
and along their respective easement. The surfacing and width
shall be acceptable to the City Engineer:
16. Improveme~t plans for streets, inclllihng, a .striping ,plan,
water, se1:'ler, an draInage systems that, may be required shall
be prep,ared and subri1i tted along with, a'llplan check'and
inspection ,fees t:o,the City I S Engineering Setvices'Depar:biient
for review and s,hall meet., t.he City Engiiieer's approval with
requrred, secur'ity pos:ted and standard agreement fori ts
construction executed prior to map approval.
17. All Circulation Element roads (Community and Midiand, ROads)
shall be dedicated and. improved to Cir,cuI"ation Element rpad
standards a~d to the specifications of the Director of
En,gin'eering Services along the Wal-Mar,t proper,ty frontage and
at the corner of Hilleary Place and Midland only. Street
striping.'and medi'animprovements for saf,e vehicular tr'ansition
and.(low in the vicinity of the proj ect as specifiecl in the
condi nons of approval shall be installed to the satisfaction
~ of the Director of Engineering Services.
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Resolution No. P- 90 -84
Page 12 '
T- 18. Vehicular access' rights to Cfrcu:lation Element roads shall be
! dedicatedt.o the City of poway and labeled on the final map to
the saj;-i'sfaction of the Director of Engineering Services or by
separate document.
19. All interior and exter-ior public streets, shall be constructed
to public 'street standards.
20. Sidew,alks 4.5 feet in width shall be, r:equired along the
,developments frontage ,of Community" Hilleary, and Midland
Roads including, the corner lot at the inters~ction of Midland
Road and Hilleary Place.' Said sidewalks shall meander to the
satisfaction of the Directors of Engineering and Planning
S_eryices. .
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21. Reciprocal access and ma'intenance and/or agreements shall be
provided ,insuring access to all, parcels over private roads,
drives or, parking areas and maintenal1ce thereof to the
satis,faction of the Director of ,Engineering Services.
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22. Street striping an signing for all streets surrounding the
pr;oj:ect ,shall"be installed to t!).e satisfaction of the Director
of ,Engineerihg Se'rv,ic'es,. ,Sigh location, and design shall be
shown on the stre~t improvement plans.
23, All,: street 'structural, ,sections shall be submitted to and
approved by the, Director of Engineering Services.
24. Street improvement plans prepared on standard size sheet~ by
a Registered Civil 'Engineer shall be'submitted for approval by
the Director of Engineering Services. Plan check and
inspection expenses shall be paid by ~6e developer.
25. All exterior s,treej;; improvements shall be constructed prior to
issuance of building permits, to the satisfaction of the
Director of Engineering Services. All improvement plans must
be ~pproved prior to issuance of building permits.
26. Street improvements that include, but, are not limited to:
x
X
X
X
Sidewalks
Driveways
Wheel chair ramps
Curb and gutter
X
Cross gutter
Alley gutter
Street pa,ving
Alley paving
X
snaIl be constructed prior to the occupancy of the units to
the satisfaction of the Director of Engineering Services.
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2,7 .
All damaged off-site
park~ay irees, shall
public works facilities,
be repaired or replaced
including
prior to
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1067
Resolution No. P-90 -'84
page 13
exoneration of bonds and improvements, to the satisfaction of
the Department of Engineering Services.
:
28. Prior to any work being performed in the public right-of~way,
a right-of-way permit shall be obtained from the Engi~eering
Services dep~rtment and appropriate fees paid, in addition to
ari'y other permits required. " '
29. The developer shall pay the Traffic Mj. tiga:tion Fee ~t the
established rate prior to parcel map approval.
DRAINAGE AND FLOOD CONTR0L
1. Intersection drains will be required at 'locations specified by
the Director of Engineering Services and in accordance with
standard' eng'ineer irigpractices.
2.
A. drainage system capable of handling and disposing of all
surface water originating within thes1,lbd,i.y"i,sion, and all
sur,face water's that may flow onto the 'subdivi'sion from
adjacent lands, shall be required. Said drainage syste~shall
include any easements and structures as required by the
Director of Engfnee'r,ing Services to prop,erly handle the
drainage.
Portland cement (;,cJncrete cross gutters shall be installed
where water crosses the roadways.
3.
4. The Master Plan of, Drainage Fee shall be pa'id at the
established rate pr.ior to final map approval.
5. Concentrated ..flows across driveways and/or sidewalks shall not
be 'permitted.
6. Storm drains shall not ,be constructed under any structures.
7. Developer shall dedicate to the City of poway a 40 foot wide
drainage easement across the property. '
UTILITIES
1. A separate on-site reclaimed water sys,tem for" landscaping and
irrigation shall be sl'zed and installed to the satisfaction of
the City Engineer. 'connection between the on~site syptem and
.the" Ci bj' s re,Claimed water main proposed for Communi"ty Road
shall be made when sufficient reclaimed water capacity ls
available.
2.
Water and sewer main lines and appui;tenances that wili be
installed at locations other than public streets shall have an
easement, a minimum of 20 feet wide, dedicated, to the City of
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Resolution No. p- 90 -84:
,Page 14
poway "For lines within the developrften't, dedicat:i:on shall be
offered on the pa~cel map, whereas off-site lines s~a~l have
the easement dedicated by a separate instrument recorded prior
to map' approval.
3. All proposed utili:(;ies within the project shall be installed
underground including, existing utilit'ies along Circulation
Element roads arid/or highways less than 34.5 KV.
4.' utility easemerits shall be provided to the specification of
the se'rv'ing utility companies and .the Director of Engineering
Services.
5.
The developer shall be responsible" for th-e relocation
undergro>lnding of existing public utilities prior
certification of occupancy.
and
to
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Water, sewer, and, fire protection systems plans shall
designed and constructed to meet, requirements of the City
poway and the ;County of San, Diego Department of Health.
7. Priqr to acceptance of property for sewer service, annexation
to the. sewer improvement area shall 'occur.
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8.
6 .
be
of
The applicant shall pay for a water system analysis to
establish the proper, s''ize arid location for the public water
system. The amouqt will be determined by the cost of' the
analysis and shall be paid upon submittal of improvement
plans.
9. The applicant shall, within 30 days after receiving approval
of the tentative parcel map, conditional use perm:i:t, and
development review, 'apply for a Letter: of Availability (LOA)
to reserve sewerage availability an post with the City, a
nonrefundable res,?rvation fee ,equal to; 20% of; the appropriate
sewerage connection fee in effect at the time the LOA is
issued.
10.
~,
Developer shall, construct a public
conforming to City of poway standards
public, subject, to the following:
a. CUt-off luminaries shall be installed which will. provide.
true 90 degree cutoff and prevent proj ection, 'of light
above the horizontal from the lowest 'point'of the lamp or
.light emitting refractor or device.
stree,t ligl}t
at no cost
sys,tem
to the
b. All fixtures shall use a crear, low pressure sodium vapor
light source.
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Resolution No. P-90-84
page 15
c.
Advance 'ehergy charges and Distr.fct engineering charges
shall be paid by the developer.
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 later.
d.
APPLICANT SHALL CONTAGT THE DEPARTMENT OF ,SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Roof covering shall meet Class B fire. retardant testing as
specified in the Un'iform Building Standards No. 32-7 for fire
retardant roof covering materials, per City of poway Ordinance
No. 64.
2. 'The buildings shall display their numeric address in a manner
visible from the access street. Building addresses shall also
be displayed on the roof in a manner satisfactory to the
Director of Safety Services. Minimum size of buildIng numbers
is 18 inches on facade of building.
The buildings will be required to install an approved fire
sprinkler system meeting NFPA 13 standards and City policies.
The entire system is to be monitored by a central monitoring
agency. A system post indicator valve with tamper switch,
also, monitored, is to be located by the City Fire Marshal
prior to installation. Sprinkler system design area shall be
a minimum of 3,000 square feet.
4. The addition of on-site fire hydrants is required. The
location of the hydrants shall be determined by the City Fire
Marshal.
3.
5. Material Saf~ty Data, Sheets shall 'be required ,for all
hazardous and/or' toxic substances used' in each buildihg.
"
6. An Emergency 'Contingency plan and Hazardous Materials
Disclosure is required to be filed wIth the San Diego County
Department of Health and copies provided to the Fire
Department.
7. Prior to delivery of combustible building material on site,
water 'and sewer systems shall satisfactorily pass all requi,red
tests and be c,onnected to the public water and sewer' systems,
I'n addition, an all-weather driveable emergency vehicle access
surface to the building envelope shall be provided on Hilleary
and Midland to the satisfaction of the Director of Safety
SerNices.
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Resolution No. P-90-84
page 16
8. Fire access lanes will be required around the building.
Appropriate curb markings and signs will be required.
9 .
Knox lock
building.
sprinkler
box for emergency access shall be installed on the
Knox padlocks shall beprov,ided for the fire
system as' required.
10. A looped water system may be required, for supplying the
necessary fire flo~. The actual size, location. and details
of the system shall be subject to the approval of the Director
of Engineering, and the Director of Safety Services. This
shall be based upgn an engineering study of the proposed water
facilities and the fire supply demands of the proposed
development.
11. A sump or pit is Tequired to prevent hazardous materials or
contaminants from entering the storm drain system.
GENERAL REQUIREMENTS AND APPROVALS
1. A monumentat:l..on bond in an amount acceptable to the City
Engineer shall be posted prior to map approval.
Developer shall provide the City of poway with copies of' all
available digit,ized topographic and improvement data
reflecting initial ,conditions and as-built conditions of the
development.
3. Final parcel maps shall conform to City standards and
procedures.
2.
4. Should this subdivision be, further divided. each final map
shall'be submitted for approval by the Director of Engineering
Services.
5. All provisions of the Subdivision Ordinance of the P()way
Municipal Code shall be met as they relate to the division of
land.
6. Prior to final map approval, all dedications shall be made and
easements granted as required above.
7. The tentative map approval shall expire on November 13, 1992.
An app;Lication for, time extension must be received 90 days
priOr to expiration in accordance with the City's Subdivision
Ordinance.
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1071-
Resolution No. P-90 - 8.4
Page 17
APPROVED ?nd ADOPTED by the City Council of the City of Po way,
Stat~ of California, this 13th day of November 1990.
Oa0-\~
Don Higgin' , Mayor
ATTEST:
u~/.;:
Wahlsten, City Clerk
STATE OF CALIFORNIA
SS.
COUN~Y 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-90-84 ,was duly adopted by the City Council,
~t ,a rgeeting of said, City Council held on the 1 It h day of ~
ovem er ,1990, and that it was so adopted by the following
vote:
AYES: BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
)/ll~~ K JU~~
Marjorie\K. Wahlsten, City Clerk
City of poway
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REPORT\CUP9010.RES