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Covenant Regarding Real Property 1990-0671752 ; <,\ '("p"-' ,- .' 139.0 DOC. 1990-0671752 13-DEC-1990 03:43 AM SAN DIEGO COUNTY RECORDER'S OFFICE VERA L. LYLE, COUNTY RECORDER RF: 24.00 FEES: AF: 22,00 FiF: 1. 00 47.00 :~". .~ .....~ /' .-. P ... . RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ) ) ) ) ) ) ) ) ) ) ) ) (This space for Recarder's Use) L/~ 'h~'\ tr Na Transfer Tax Due COVENANT REGARDING REAL PROPERTY Environmental Develapment;, Ltd. , a California Limi ted partnership who acquired title as Environmental Development, Ltd., a California Limi t"edpar,tnership ( "OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Numbers 273-182-18, 19; 273-100-10, 11; 277-010- 02, 05, 22, 23; 277-070-24, 27 - 31; 277-071-01-02, 08, 09; 277- 140-01,06,23,24,26 ("PROPERTY" hereinafter). In consideration of the approval of Tentative Tract Map 89-13R. and Conditional Use Permit 90-<13 by the City of poway (,"CITY" hereinafter), OWNER hereby covenants and agrees for, the benefit of the CITY, to abide by conditians of the attached resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure ta the benefit .of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns .of the r~spective parties. In the event that Tentative Tract Map 89-13R and Conditional Use Permit 90-13 expire or are rescinded by City Council at the request of the OWNER, CITY shall expunge this, Covenant from the record title of the PROPERTY. If, either party is required to incur c.osts to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, includiIlg reasonable attorrieys' fees, from the other party. The CITY mayassigri to persons impacted by the performance of this Covenant the right to enforce this Covenant against OWNER. Dated: JJu... 7 1990 " Dated: '7(~~'Q If'!l:> "~ OWNER (Notarize) CITY OF POWAY By 'Pn'~ LJ~- ~~ (No need to Not rize) ,..............'-L.OI.:"'~r-........\.L...........~.J.CoJ.."II.l.- :*, * ~~* * *. * * * * * * * * . '* state of *: :-i:-.'.; 1 .' * ,County, of ' ~.;* *, *. -* * * .*,"*. *, -* * " , '.,. On this. the ) * 1) PI * * * * *, ,* , 19 _, before Ire,,, ~ . . * *.* * * * * i~~ . day of ~. * * * , the ui1dersi~nedNJtary Public,peri30nally appeared . . * * . * * * * * * *, ,* * * ,* * *, * * , t1 personally lmown to Ire t1 proved to Ire on the basis of satisfactory to be the person(s) whose name(s) to the within instrurrent, and aclmowledged executed it. WITNESS my hand and official seal. evidence subsCribed that * * * * * Notary. s Signature * * * * * * * * * * ** * * * * * ,* * * * * * * * * * * * * * * * * * * .* *. * * * * * * * * * * * * PARTNERSHIP ~ * * * * * * * * * * * ** * * * state of * * County of * * * * * * * * '* * *. * * * * * * * * * * * * * * * * * -* * * * * * * * *-,:* * On this the ) SS. ) day of 19 _, before Ire, * * * , the undersigned Notary Public, personally appeared * * * " * * * ,* t1' personally lmown to Ire t1 proved to Ire on the basis of satisfactory evidence to be the person(s) who ,executed the within instrurrent * on behalf of the partnership, and acknowledged to Ire that ,* the partnership executed it. * WITNESS my hand and official seal. * *. * * * * * * * * * ,Notary 's, Signature * * * * * * * * * * * * * '* * * * * * .* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CClRPa<ATE llCKNCWLEI:GlEN * * * *"* * * * * * * * * * * State of C().; I/Foi" I'll ~ ' * * ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * on this the 7 day of ''December, 199Q,before Ire, * * J U ILL j3c.n n e. Tt * , the undersigned Notary Public, personallY appeared * * * * * * * *. * * * * * * '* * * * .* * * * ) 55. ) ,~n u~~n County of bViALe , * * ;;: TCLbh (6/84) * ,~ personally lmowntori'e : t1 proved to Ire on, the basis of satisfactory evidence 'to * be the person(s) who executed the within instrurrent as * 'Pre 6/ dei"Lf:.- or on behalf of th~ =rporation .* therein 11affi2d, and aclmbWledged to Ire that the =rporation * executed it. WITNESS my haro and official seal. QMAu' ~ NotaIy,s'Signature * * * * * * * * *.* * * .* * * * * *. * * * * * *. * * * * * * * ** * * * * * * * * *- * * *~ OFFICIAL SEAL JUNE BENNETT, NOTARV PUBLic. C^UFORNlA SAN OlEGO COUNTY M:yComm.~Aug.l.'lW4 * * * * 1392 '.. i" ..\,~l ',.: R. . ,~~ ...... _ (C' .... :_ ' --1 i~~':~~~;E~ii:\i; . . ORDER NO. 1012118-6 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY ,OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL '1: ALL THAT PORTION OF THE NORTHWEST QUARTER (LOT 3) OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 ,WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING T'o OFFICIAL PLAT THEREOF, LYING EASTERLY OF A LINE THAT IS PARALLEL TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER (LOT 3) AND IS 687.61 FEET EASTERLY THEREOF, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT TH-E EAST QUARTER CORNER OF SECTION 24, TOWNSHIP 13 SOUTH, RANGE 2 WEST; THENCE SOUTH 33000'.56" EAST, 816.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40043'00" EAST, 89.98 FEET; THENCE SOUTH 82017'00" EAST, 70.00 FEET; THENCE SOUTH 52017'00" EAST, 120.00 FEET; THENCE SOUTH 7043'00" WEST, 105.,29 FEET; THENCE NORTH 82017'00" WEST, 187.50 FEET; THENCE NORTH 14017'00" WEST, 65.00 FEET TO A POINT TO BE KNOWN HEREIN AS POINT "A"; THENCE NORTH 14017'00" WEST, 31.00 ]'EET; THENCE NORTH 40043'00" EAST, 2.98 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ALL WATER CLAIMS OF RIGHTS TO WATER, IN OR UNDER SAID LAND. PARCEL 2: ALL THAT PORTION OF THE .sOUTHWEST QUARTER (LOT 4) OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 .WESf', SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY OF A LINE THAT IS PARALLEL TO THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER (LOT 4) AND IS 1,209.80 FEET SOUTHERLY THEREOF. EXCEPT ALL CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND. PARCEL 3: ALL THAT PORTION OF THE SOUTHWEST QUARTER (LOT 4) OF THE SOUTHWEST QUARTER ,OF SECTION '19, TOWNSHIP 13 SOUTH , RANGE 1 WEST,' SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING SOUTHERLY OF A LINE THAT I'S PARABLEL TO THE NORTHERLY LINE .OF SAID SOUTHWEST QUARTER (LOT 4) AND IS 1,209.80 FEET SOUTHERLY THEREOF. PAGE 33 . ..","' .o\,}:1 ,t ~.R ~'.:1 1. - !,C ;:?~B~~~~;~:;:j~~, \;\'".,..)~..""",.. -",-' "'';'':'L:;'r,,'"7-'::~::_'::''''' ,',. . . 1393 ORDER NO. 1012118-6 EXCEPT ALL'CLAIMS OR RIGHTS TO, WATER IN OR UNDER SAID LAND. PARCEL 4A: THE ,NORTHWEST QUARTER (LOT 1) OF THE NORTHWEST''qUARTER OF SECTION 30, TOWNSHIP '13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE'ANDMERIDJ:AN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFIUCIAL PLAT., THEREOF, EX"CEPTJ:NGTHEREFROM THE FOLLOWING DESCRIBED 'PARCEL: . BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (LOT 1) OF SAID SECTION 3 0; THENCE ALONG THE EAST LINE OF SAID LOT' 1" NORTH 0006"10" WEST, 100.00 FEET; THENCE SOUTH 8905:3"50" WEST, 200.00 FEET; THENCE SOUTH 0'006'10" EAST, 1'00.00 FEET MORE OR LESS TO'THE SOUTH LINE OF SAID LOT 1; THENCE EASTERLY ALONG SAID SOUTH LINE 200 'FEET MORE OR LESS TO THE POINT"OF BEGINNING, ALSO EXCEPTING THEREFROM. .THAT PORTION OF THE WEST H1I.LF OF THE NORTHWEST QUARTER OF SECTJ:QN 30, TOWNSHIP 13 SOOTH, RANGEl WEST, 'SAN BERNARDINO .BASE AND MERIDIAN, IN THE COuNTY 'OF SAN DIEGO, STATE OF 'CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT 'SURVEY THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF ,ROAD SURVEY NO. 335 (ESPOLA ,ROAD) AND,'THECENTER LINE OF ROAD S~VEYNO.' 7-22 (OLD COACH ROAD); THENCE ALONG THE CENTER LINE OF SAID ROAD SURVEY NO. 722 NORTH 5040'37" EAST, 100:1'8 FEET TO THE TRUE POINT OF BEGINNING, ALSO ,B~ING AN IN:TERSECTI.C>~ WITH ,THE::~9RTHEA13T:e;~Y RIc:;HT OF \'\lAY 0,F THE S~" DIEGO AQUEDUCT; 'THENCE ALONG SAID AQUEDUCT RIGHT OF WAY LINE NORTH 37024'41" WEST, 356~00 FEET; THENCE NORTH 25030'00" EAST, 241.29 FEET; THENCE SOUTH. 64030'00" ,EAST, 23'4.52 FEET .TO A POINT IN THE ARC OF ,A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1000.00 FEET, SAID CURVE BEIi!"G THE CEN'l:ER LINE OF SAID S\JR.VEY NO. 722; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE AND. CURVE THROUGH A CENTRAL ANGLE OF 19.049' 23'''" A DISTANCE OF 345.98 FEET TO THE SOUTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG SAID CEBTER LINE SOUTH ~ " _.r- . . -. . '-- 5040'37" WEST, 68.34 FEET TO THE .TRUE POINT OF BEGINNING. EXCEPT ALL WATER CLAIMS OR RIGHTS TO WATER, IN OR UNDER 'SAID LAND. PARCEL, 4B: THAT PORTION OF THE ~O~T!JWES~ QUARTF;~ OT. S:e;CTION 30, T9WNSHTP 1) SOUTH, RliNi:;E1WEST, SAN BE~ARI?INO BASE AND MERIDIAN, IN THE, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOW: PAIiiE 34 , . . . .'- . ,~"1:. ..\.\1 t"N I' 'I-" ,'~ ,(' '\,. ~'.~. ", "'1 , """"" 'I' {!~~~;~;~;:;' . . . 1394 ORDER NO.. 1012118-6 BEGl'NNING AT THE SOUTHEAST ,CORNER OF LOT "1. OF SAID SECTION 30 ; THENCE .:ArBIiq .'THE ;Ej.S'l'LINE OF SA'ID LOT 1, NORTH'00,06,io'i, "WEST,' 100"00 FEET; TfIENCE S9W:!l1l}!,053"50" WEST, 200.00 FEET;; THENCE SOUTHoo06~:t0" ,EAST TO THE, NORTH,LIFE OF THE COPNTY ROAD KNOWN AS ESPOLA ROAD ,ACCO@ING TO PLAT .OF ,ROAD SURVEY NO. 335 ON FILE IN THE ,OFFICE OF TH"E COUNTY ENGINEER; THENCE ALONG SAlp NORTH LINE SOUTH, 83'026"48" EASTTOA LINE WH:(CHBEAR~ SOUTH 0006' 10" EAST FOR TIm i>ciIN'r OF ;BEGINNING; THENCE NORTH 0006" r'o" WEST, 11~. 61 FEET TO THE POINT OF ,BEGINNING. EXCEPTING THAT PORTION LYING WITHIN SAID LOT 1 OF SECTION 30. PARCEL 4C: THAT PORTION OF LOT 1 I~ THE NORTHWEST QUARTER OF SECTION 30., TOWNSHIP 13 SOUTH, RAN.GE 1 '\I1E$T, SAN BERNARDINO BASE AND MERIDIAN , ACCORDING TO OFFICIAL PLAT "THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SECTION 30; TH.ENCE ALONG THE EAST LINE OF SAID LOT 1, NORTH 0006'10" WEST, 100.00 FEET,; THENCE SO(frH 89053'50" WES,T', 200.00 FEET; THENCE SOUTH 0006'10n'EAST, 100 FEET, MORE OR LESS., .TO THE SOUTH LIN:E; QF SAID LOT 1;, THENCE EASTERLY ALONG SAID SOUTH LINE, 200 FEET, MORE ,OR LESS, TO THE POINT OF BEGINNING, PARCEL 5: ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL ,fLAT THEREOF, LYING BETWEEN THE SOUTflERLY LINE OF THE NORTHWEST QUARTER (LOT 1) OF THE NORTHWEST QUARTER OF SA"J,:D ,SECTION 30" AND THE NORTHERLY LINE OF THE COUNTY ROAD KNOWN AS ES~OLA ROAD, ACCORDING TO THE pLAT OF ROAD SURVEY ,NO. 335, ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, AS SAID SOUTHERLY LINE OF LOT 1 AND THE NORTHERLY LINE OF ROAD SURVEY NO. 335 ARE SHOWN ON RECORD OF SURVEY NO. 6721 ,FI)1.ED IN THE OFFICE OF THE COUNTY RECORDER OF' SAN DIEGO COUNTY, AUGUST 3, 1966 AND LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING .AT THE. SOUTHEAST CORNER OF LOT10F SAID SECTION 30; THENCE AI:ONG THE .EAST LINE OF SAID LOT 1, NOR';I'f1 0006'10" WEST, 10,0.00 FEET; THENCE~SOUTH 89053'50" WEST, 200.,00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SoUTH 0006' 10" EAST TO _.c.. -,I'>' - - . THE NORTH LINE OF' SAID ROAD SURVEY NO. 335. EXCEPT ALL WATER CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND. PAGE 35 , , ...... .,;,-~,l' [ ". j' ;<:'\'. .:: ~ c '~~~fE'~":; ,,- PARCEL 6: ALL CF THE NORTIfEAST QUARTER CF .THE NORT~EAST QUARTERCFJ SECTICN 25, TCWNSHIP 13 SCUTH, RANGE 2 WEST, SAN BERNARDINO. BASE AND MERIDIAN~ IN THE Co.UNTY o.F SAN DIEGO., STATE o.F CALIFo.RNIA.,ACCo.RDING TO. CFF,ICIAL pLAT THEREo.F. . . 1395 CRDER NO.. 1012118-6 . EXCEPT ALL WATER CLAIMS OR RIGHT TO. WATER IN CR UNDER SAID LAND. PARCEL 7: THE NCRTHEAST QUARTER CFTHE SOUTHEAST QUARTER CF SECTICN 24, IN TOWNSHIP 13 SCUTH, RANGE 2 WEST, SAN BERNARDINO. BASE AND MERIDIAN, IN THE CCUNTY CF SAN DIEGO; STATE OF CALIFORNIA, ACCCRDING TO. CFFICIAL PLAT THEREo.F. ' EXCEPTING THEREFROM .TH.AT PCRTIo.N OF SAID No.RTHEAST QUARTER CF SAID SOUTHEAST QUARTER OF SECTION 24 DESCRIBED AS FOLLo.WS: Co.MMENCING AT THE NCRTHEAST CORNER o.F LOT.J, "RESERVED Fo.R FUTURE STREET" , CF VALLE VERDE: Co.UNTRY CLUB ESTATES, ACCo.RDIN.G TO. "MAP THEREo.F NO.. 4683, FILEI:J IN THE CFFICE o.F THE' Co.UNTY RECo.RDER CF SAN DI.EGo. Co.UNTY, DECEMBER 21, 1960; THENCE No.RTH 88033'17" WEST, ALONG THE No.RTHERLY LINE CF 'SAID LOT 3, A DISTANCE OF 30.00 FEET; THENCE NORTH 1"26'43" EAST, 232.00 FEET TO. THE BEGl'~ING CF TANGENT 550.00 Fo.o.T RADIUS CURVE, CONCAVE EASTERLY j THENCE. NORTHERLY ALCNG THE ARC CF SAID CURVE THRCUGH A CENTRAL ANGLE CF 20016"53", A DISTANCE CF 194.6,9 FEET; THEN(CE RADIAl:;, T() SAID CURVE NORTH 68016'24" WEST" 30.00 FEET TO THE TRUE Po.INT OE BEGINNINGj THENCE NCRTH 76033:'.32" WES',I'., 484.14 FEETj THENCE No.RTH 4002'32" WEST, 280..84FEETJj THENCE No.RTH 84041'38" EAST, 27L61FEET,j ,THENCE SOUTH 63004'42" EAST, 426.61 FEET TO. A Po.INT o.N THE 1.RC o.F A 580.00 Fo.CT RADIUS CURVE, Co.NCAVE EASTERLY, BEING Co.NCENTR1C WITH AND DISTANT 30.00 FEET WESTERLY MEASURED RADIALLY FROM. THE: ABo.VE MENTIONED 550.0.0 ,Fo.CT RADIUS CuRV~ A RADIAL LINE TO. SAID POINT BEARS NORTH 40045'24" WESTj THENCE SOUTHERLY'.ALONG THE I\RC OE; SAID 580,00 Fo.o.TCURVE, THRo.UGH A .CENTRAL ANGr.E OF 27031'00", A DISTANCE o.F 278.55 FEET TO. THE TRUE POINT o.F BEGINNING. ' PARCEL 8: ALL THAT PCRTICN. CFTHE No.RTHWEST QUARTER (LOT 3) o.F THE So.UTHWEST QUARTER o.F SECTioN 19 , To.WNSIUP 13 So.UTH, RANGE 1 WEST, SAN BERNARDINO. BASE AND 'MERIDIAN, IN THECo.uNTY OF SAN DIE:Gp, l>,TATE CF CALIFORNIA, ACCCRDING. TO OFFICIAL PLAT THEREOF:, LYING WESTERLY CF A LINE THAT IS PARALLEL TO. THE WESTERLY LINE' CF SAID NCRTHWEST QUARTER (LCT 3) AND IS ~87.61 FEE',I' EASTERLY THEREo.F, EXCEPTING THEREFROM THAT PCRTION DESCRIBED ASFo.LLo.WS: PAGE 36 . ,.... , 1.0 ...... A. ,\I"l-; " '1;.,,' I' ,~. '". (' '1 ~~~~f~:Y .~, . . 1396 ORDER NO. 1012118-6 BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 24, TOWNSHIP 13 SOUTH, RANGE 2 WEST; THENCE SOUTH 33000'56" EAST, 816.25 FEET TO THE TRUE POINT OF 'BEGINNING; THENCE NORTH 40043'00" EAST, 89.98 FEET; THENCE SOUTH 82017'00" EAST, 70.00 FEET; THENCE SOUT!! 52017'00" EAST, 120.00 FEET; THENCE SOUTH 7043'00" WEST, 105.29, FEET; THENCE NORTH 82017'00" WEST, 187.50 FEET; THENCE NORTH 14017'00" WEST, 65.00 FEET TO A POINT TO BE KNOWN HEREIN AS POINT "A"; THENCE NORTH 14017'00", WEST, 31. 00 FEET; THENCE NORTH 40043' 00" EAST, 2.98 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 9: ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24" TOWNSHIP 13 SOUTH, RANGE 2 WEST,SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STA~E OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT J, "RESERVED FOR FUTURE STREET" , OF VALLE VERDE COUNTRY CLUB ESTATES, ACCORDING TO MAP THEREOF NO . 4683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1960; THENCE NORTH 88033'17" WEST" ALONG THE NORTHERLY LINE OF SAID LOT J, A DISTANCE OF 30.00 FEET,; THENCE NORTH 1"26'43" EAST, 232.00 FEET TO THE BEGINIHNG OF A TANGENT 550.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20016' 53", A DISTANCE OF 194.69 FEET; THENCE RADI'AL TO SAID CURVE NORTH 68016'24" WEST, 30.00 FEET 'TO THE TRUE POINT OF BEGINNING; THENCE NORTH 7603,3'32" WEST, 484.14 FEET; THENCE NORTH 4002'32" WEST, 280.84 FEET; THENCE NORTH 84041'38" EAST, 271.61 FEET; THENCE SOUTH 63004'42" EAST, 426.61 FEET TO A POINT ON THE ARC OF A 580.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, BEING CONCENTRIC WITH AND DISTANT 30.00 FEET WESTERLY MEASURED RADIALLY FROM THE ABOVE MENTIONED 550,00 FOOT RADIUS CURVE A RADIAL LINE TO SAID POINT BEARS NORTH 40045'24" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID 580.00 FOOT CURVE, THROUGH A CENTRAL ANGLE OF 27031'00", A DISTANCE OF 278.55 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 4.11 ACRES, MORE OR LESS. PARCEL 10: THE SOUTHWEST QUARTER OF SECTION 18; THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19; THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19; THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19; ALL IN TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF ,SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. PAGE 37 .. ...... . .~ "{ .".t.! 4t It S. ... J c ~%rr~~;{!~~~(:0~~I:. "~~~~~?;/!::~'(': . --., . 1397 ORDER NO. 1012118-6 ALSO: T~T PORTION OF THE SOUTHEAST QUARTE~ OF THE 'NORTHWEST, QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE -SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 'WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING WESTERLY OF THE CENTER LINE OF OLD COACH ROAD, KNOWN AS COUNTY ROAD SURVEY 72 2 . PARCEL 11: LOTS 1 AND 2 (THE WEST HALF OF THE NORTHWEST QUARTER) OF SECTION 19, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUN,TY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING'TO UNITED STATES GOVERNMENT SURVEY' THEREOF. EXCEPTING THAT PORTION LYING WITHIN THE BOUNDARY OF VALLE VERDE COUNTRY CLUB ESTATES, ACCORDING TO MAP THEREOF NO,. 4683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1960. ALSO EXCEPTING THE NORTHEAST QUARTER OF SAID LOT 1. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT TH~ SOUTHEAST CORNER OF LOT 89 OF VALLE VERDE COVNTRY CLUB ESTATES, ACCORDING TO MAP THEREOF NO. 4683, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBEF-21, 1:960; THENCE ALONG THE EAST BOUNDARY OF SAID LOT 89, NORTH 01"00'26" EAST, 130.00 FEET TO, THE NORTHEAST CORNER OF SAID LOT 89; THENCE LEAVING THE BOuNDARY .OF' SAID LOT 89, SOUTH 88051'34" SOUTH 88051'34" EA'ST, 80.93 FEET; THENCE SOUTH 03<>17'09" WEST, 130.09 FEET; THENCE NORTH 88051'34" WEST, 76.06 FEET, 'MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 12: THE WEST HALF OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,. EXCEPTING FROM SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, THE EASTERLY 792,00 FEET THEREOF. PARCEL 13: THE EASTERLY 792.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER 'OF SECTION 18, TOWNSHIP 13 SOOTH, RANGE 1 ,WEST, SAN BERNARDINO BASE' AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. PAGE 38 - ;,~'..." , " '. . . .. -; 1398 RESOLUTION NO. P- 9O-S1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP 89-13R AND CONDITIONAL USE PERMIT 90-13 ASSESSOR'S PARCEL NUMBER 273-182-18, 19; 273-100-10, 11; 277-010-02, 05, 22, 23; 277-070-24, 27 - 31; 277-071-01, 02, 08, 09; 277-140-01, 06, 23, 24, 26 WHEREAS, Revised T,entative Tract Map 89-13R, hereinafter "Map" submi tted by Env,ironmental Development, Inc. , Bruce Tabb, applicant, for the purpose of subdividing the real property situated in the City of Poway, County of San Diego, State of California, described as the portion of Section 18, 19, and 30, Township 13 North, Range One West, San Bernardino Base Meridian and a portion of Section 24 and 25, Township 13 South, Range 2 Wes,t, San Bernardino Base Meridian into 156 residential lots, one golf course lot, and six open space lots, and Conditional Use Permit 90- 13 for development of a 27 hole golf course with associated clubhouse facilities; and WHEREAS, the Director ,o( Planning Services has recommended approval of the map subj'ect to all conditions set forth in the Planning Services Department report; and WHEREAS, the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinqs: 1. The City Council finds that the proposed revised tentative map and conditional use permit are components of the Old Coach Golf Estates project for which a Final Environmental Impact Report (SCH #90010015) was certified by the City Council on May 15, 1990. The Final Environmental Impact Report has been considered and found to c;ontain .an adequate assessment of the impacts of the revised tentative tract map and conditional use permit. The revised map and conditional use permit ha,ve been conditioned to implement all applicable mitiga,tion measures identified in the Final EIR. 2. City Staff analyzed the changes that have occurred in the Old Coach Development project ("Project") since certification of the Old Coach EIR ("EIR) by comparing and contrasting Revised Tentative Tract Map 89-13-R ("RTTM 89-13-R") with Tentative Tract Map 89-13 ("TTM 89- 13" ), which was analyzed in the EIR and Mr. Vincent Scheidt, the City's biological consultant compared the 'J" . . ~ 1399 Resolution No. p_90-91 page 2 detailed plans for the Old Coach Golf Course ("Golf Course") contain~d in the application for a conditional usepermi t ("CUP" ) with the Golf Course conceptual worst case analysis contained in the EIR. In a letter dated October 16 1990, Mr. Scheidt informed the City that he had reviewed RTTM 89-13-R and the CUP and concluded that RTTM 89-13-R and the CUP were in substantial compliance with the EIR. In reaching this conclusion, Mr. Scheidt noted the following changes or comments to the proj ect and some additional measures necessary to assure that the Project remains in substantial conformance with the impacts and mitigation measures analyzed in the EIR: a. The biological buffer to' the riparian habitat should be more precisely'defined. The City fi~ds that Cohdition eleven on page 7 requires the Developer to ensure the provision of adequate buffers as required by the EIR. ' b. The protection ,of Palmer's Ericameria can be assured through by areas preserved as op~n space in the project and by revegetation in. conjunction with the 11-acrerevegetation plan presently required for Coastal Sage Scrub. The City finds that conditions of previously adopted Resolution P-90-34 require such protective measures as identified in the EIR. c. The EIR requires protection of a minimum of, approximately 250 acres of Coastal Sage Scrub to consist of a combination of on-site revegetation. RTTM 89-13-R results in preservation of approximately 201 acres of Coastal Sage Scrub on- site. This is 14 acres less than the 215 acres of on-site preservation originally anticipated. When ini tially consulted, Mr, Scheidt concluded that this six percent deviation was in substantial conformance with the EIR in light of the 46 acres of revegetation indicated in the CUP. These measures would be in conjunction with 25 acres of off-site mitigation as identified in the EIR. Because of comments received by City staff concerning Coastal Sage Scrub revegetation, Mr, Scheidt was requested to provide addi tional information as to alternative ways that the Project could comply with the mitigation requirements of the EIR. Mr. Scheidt informed the City in the attached letter dated November 16, 1990, that 2:1 '. . .' 14'00 Resolution No. P- 90-91 page 3 mitigation off-site would be an acceptable alternative to the 46-acre revegetation plan, The City concurs with Mr. Scheidt's conclusions and has required compliance with Condition 5 on Page 6 to imp.lement this position in order to assu-re compliance with the mitigation identified iri the EIR. Mr. Scheidt is of the oplnlon that so long as the above concerns are addressed, RTTM 89-13-Rand the CUP are in"conformance with the approved map and in substantial compliance with the Certified Final EIR. The City has evaluated" Mr. Scheid,t's concerns, agrees with his assessment and has concluded that the conditions referenced above assur,e implementation of the mitigation measures identified in the EIR. 3. City Staff has further analyzed RTTM 89-13-R. and the CUP and concluded that there are no changes in the proj ect that may have a sign,ificant effe,ct on the environment which would require additional environmental review. The Following illustrates some of the changes in the Project that were specifically reviewed by City Staff: a. The Project .will have the option to create a number of 1 1/2:2 cut slopes, The possibility of such slopes is, discussed in the EIR. ' ' Additional conditions have been placed oil the Project in order to ensure that the EIR mitigation measures for such slopes are implemented; b. The changes to the Coastal. Sage Scrub restoration plan discussed above. ' c. The Realignment and width change in Old Coach Road: (1) The southern end ,of Old Coach 'Road will be moved to the east to make a four-way signalized intersection' with Espola in order to improve traffic flow;, This realignment will not have any adverse imp'act on traffic, The City has also reviewed and compared the areas disturbed by the o~iginal road alignment and by the new road alignment and determined that the new road alignment does not result in a net loss of sensitive biological habitat were compared to the impact of the original road alignment. . . 1401 Resolution No. p-90-91 Page 4 (2) The width of improvements for a portion of 01d Coach Road will be reduced. ,This reduction was implemented in order to lessen impacts on riparian and oak woodland habitat along Sycamore Creek. The City has determined that this change will not have any adverse impacts on traffic or safety. The City has also reviewed the change and determined that such a reduction will lessen impacts to sensitive biological habitats. d. Private, road alignments: (1) A private road in the vicinity of the fire state. That road services lots 6-13" The City has determined that this change could haye adverse environmental impacts. The City and the Developer have agreed to exclude this change from the approval of RTTM 89-13-R. The referenced private road alignment will be as shown on TTM 89-13. (2) A private road parallel to Tam O'Shanter Drive will be realigned, The City has, reviewed this realignment and determined that it will not result in additional adverse impacts to other residences, will not alter the traffic flow or safety of the road and will not result in a net loss of sensitive biological habitat. (3) The access road to lots 95-109 will be realigned to curve from .west to east, as oppos,ed to the previous alignment curving from east to west. This change reduces grading and the potential for fill slopes, does not change the traffic or safety features of the road and will not result in a net loss of sensitive biological habitat. e. The ,19th fairway and 20th tee of the Golf Course will be shifted to the west to lessen impacts to the sensitive habitat contained in Sycamore Creek. This requires the relocation of lots 73-78 and 94. The City has reviewed these changes and has concluded that this relocation results in benefits to riparian habitat along Sycamore Creek and reduces grading to the northern portion of the Project. The additional impacts of the increased grading and visual impacts created by the relocation are not significant impacts, will be mitigated by the mitigation measures identified in . . .. .. 1402 Resolution No. P- 90-91 Page 5 the EIR and are outweighed by the environmental benefits attained by such relocation. f. Some pad elevations of lots will be altered as a result of the new street realignments. The higher elevations of some of the lqts is offset by additional open space between the existing homes and the future building sites. In no case is the open, space buffer any less than 50 feet. This change does not result in any net increase in impacts to s~nsitive biological habitats, or have a potential to increase significantly the visual impacts of the Project. g. Some lots ,will be located on slopes in excess of 25%. In order to implement the mitigation measures identified in the EIR for lots located on such slopes , City Staff has recommended condition 13 under Planning Services which gives the Developer options for mitigating such potential impacts. The City has concluded that this condition implements the mitigation of these steep slopes as required by the EIR. h. The EIR's worst case analysis of the Golf Course identified 133 acres within the Golf Course envelope as natural native vegetation, This is implemented in the Golf Course as identified in the CUP through approximately 107 acres of undi.:;;turbed natural vegetation with approximately 26 additional acres of revegetated open space. Grading and revegetation will be monitored by a qualified biOlogist. As such, the City' finds that the impacts and resulting open space will be as identified in the EIR. i. The City recognized that the Developer is agreeing in the Development Agreement to size certain improvements, including, but not limited to, sewer and water, to serve specified adjacent properties. The City has determined that such improvements will not induce growth in these areas which have alternative means of obtaining such services, but will simply assist the City's planning efforts by allowing for the proper structure and location of such improvements and preventing the need for subsequent destruction of property and sensitive habitat by expanding the size of such improvements at a later date, . . 140.3 " Resolution No. P- 90-91 Page 6 j . The Ci,ty recognizes that the s,ubsequent ,use of reclaimed water and construct,ion of reclamation facilities may result from' t.he implementation of this Project. Because the ,availability of reclaimed water" and the location of reclaimed water facilities, and thus the location of Developers reclaimed water lines and other improvements, are uncerta~n, en~ironmental review of these ~mprovements is too speculative to occur at this time, As a result, the determination of whether there is a need for environmental analysis, and any 'necessary environmental analysis, will occur when some of the above uncertainties have been resolved and a meaningful environmental determination is possible. 4. The City has thoroughly reviewed RTTM. 89-13-R and tte CUP and examined all changes to the ,proj ect including, but not limited to" those changes referenced above. S. The City her~by finds that RTTM 89-13-R does not represent a substantial change in the, project which will require major revisions of the EIR que to the involvement of new significant environmental impacts not covered in the EIR. 6. The City hereby ,finds that the ErR analyzed the worst case scenario for environmental impacts associated with the Golf Course and that the Golf Course presented in the CUP substantiar~y conforms to the analysis contained in the EIR and does not include any changes in the anticipated design of the Golf Course that will cause sign1ficant enVironmental impacts not analyzed in the EIR. 7. The City is familiar with the area in which the Project is contemplated and hereby finds that there has, been no substantial change with respect to the circumstances under which the project is being undertakeh which will require major revisions in the EIR. Section.2: Findinqs: Tentative Tract Map 89-13R 1. The proposed proj ect will be consIstent with the existing general plan and there is a reasonable probability that the project will be consistent with the proposed general plan because that document is being prepared with full knowledge of Specific Plan 89-01 which was written specifically for this proj ect. The uses set for,th in . . 1404 Resolution No. P-90-91 Page 7 Specific plan 89-01 will be designated as appropriate uses for this site. 2. The tentative tract map is consistent with all applicable general and specific plans; in that the proposed land use will be a development consisting of a golf course and single~family residences on lots one acre or more in size and policy 18.a in the Land Use Element of the General Plan states that the Old Coach Area should be oriented to rural residential land uses or a resort or recreational facility that would include a variety of residential and recreational, uses such as golf courses and equestrian centers. The project is in compliance with the adopted Old Coach Golf Estates planned Community Specific plan 89-01 which was prepared specifically for this development. - 3. The design or improvements of the tentative tract map is consistent with all applicable general and specific plans; in that the number and configuration of the 157 lots meet the property development standards and special requirements and conditions contained wi thin Specific Plan 89-01, 4. The site is physically suitable for the type of development proposed; in that the site, is located within an area of predominantly single-family residential development and that the map has been designed to substantially observe the natural contours of the landform and avoid impacts on sensitive riparian habitat. 5. The site is physically suitable for the density of the development proposed; because each lot meets or exceeds the minimum acreage required by the development provisions and conditions of approval of specific plan 89-01 and overall density is consistent with the slope criteria contained in the General Plan. 6. The' design of the subdivision is not likely to cause environmental damage or avoidable injury to humans and wildlife or their habitats, because large tracts of undeve19ped land rich in natural resources will be preserved on-site and the condit-ions of approval and mi tigation measures of the proj ect I s Final EIR assure that any potential impacts associated with the proposed development will be mitigated. 7. The tentative tract map is not likely to cause serious public ,health problems because City water' and sewer service will be provided to all lots within the subdivision, . . 1405 Resolution No. P- 90-91 page 8 8. The design of the tentative tract map will not conflict with any easement acquired by the public at large, now or record, for 'access' through or use of the property within the :proposed subdivision. 9. The effect of s~bdivision approval on the housing needs of the San Diego "region has'been considered and balanced against the: pUblic service needs of poway residents and available fis'cal and environmental resources. 10. The design of the subdivision has provided, to the extent feasible, for Juture passive or natural heating or cooling opportunities in the subdivision. Conditional Use Permit 90-13 1. The location, size, design and operating characteristics of the golf course will be compatibie with and will not adversely affect or be materially detrimental to adjacent uses in that: a. Tees and greens are sited so as to minimize the potential for golf balls to be directed toward adj a'cent single-family homes. b. The driying range and cl"ubho"use facility are located at the center of the" site more than 1,050 feet' from the closest existing home in the area and 490 feet away from the closest proposed building pad. c. The golf course layout is designed to maximize golf course views for adj acent property and such views are commonly believed to enhance property value. 2. The, scale, bulk, coverage, and density is consistent with adjacent uses in that the golf course is a use which will preserve large areas of open space and the clubhouse facility is .located at the center of the site, well removed from adj acent residences which will eliminate potential impacts. 3 . There are available public facilities, services, and utilities for the golf course, in that sewer' capaci,ty have been previously reserved for the proj ect and the Ci ty' s existing water supply from the County Water Author.ity Aqueduct will be adequate for the immediate irrigation needs of the golf course. Conditions of approval require the future use of reclaimed water from the San pasqual Water Reclamation Facility when a sufficient supply becomes available from that sdurce. . . . 1406 Resolution No. P- 90-91 Page 9 4. 'There, will not be a harmful effect ,upon desirable neighborhood characteristics in that golf course views, are commonly believed to enhance property values and the cofnrnercial clul5house and driving range uses are physically separated from existing and future residential (see No.1 above). ' 5. The generation of. traffic will not adversely impact surrounding streets in that street improvements (including a widening of old Coach Road and a traffic signal" a.t OI(t'Cpach and Espola ),iden:tif;i.ed by the traffic study ,perform5!<tby P&D Technologi!,!s:I:nc., and further refined by city engineering staff will be provided concurrent with the development of, the proj ecL 6. Th'e site is suitable for the type, and intensity of the golf cou,rse development in thllt the golf cO)lrse is primarily a use which serves to prese~ve open spacea,nd the more. intense commercial uses of clubhouse and driving range will be located at the center of the property on land 'with a slope of less than 1~ percent which has been previously disturbed. 7. That there will not be significant' harmful effects upon environmental quality and resources in that 'all appli:cable mitigation measures identified by the Final EIR for Old COach Golf Estates will he impleme!1ted through' the prgposed conditions of appr()va,l and on May 15, 199.0 the City Council found that these measures' reduced impacts to below a level of significance. 8. That there are no other relevant negattve impacts of the proposed use which cannot be mitigated 'in that the condi tions.,of approval contain mi tigationmeasures which address all pote"ntial adverse impacts'. 9. That the' impacts as described above and the location of the proposed use will not adversely affect the City of pm-iai General pla'n for future. or present development be'causepolicy 18. a in the Land Use Element of the General plan specifically mentions a golf course or recreational/resort. facility as a sui table use for the old coach special study area. Section 3: City Council Decision: The City CounciJ, ,hereby approves revised Tentative Tract Map 89-13R and Conditional Use Permit 90.-13 subject to the following conditions: L Within 30 days of approval (1) The Applica,nt, shall submit in writing that all conditions of apprOval have been r.ead and understood ; and (2)' the property owner shall execute a Covenant on Real property . . . . 1407 Resolution No. p-90- 91 page 10 2. The use conditionally granted by this permit shall not be conducted in .such a manner as to interfere with the reasonable Use and enjoyment of surrounding residential and commercial uses except as amended herein. 3. The project shall meet all requir,ements set forth in City Council Resolutions P~O-34, P90-097, .hich contain conditions of approval for Tentative Tract Map 89-13 and Specific plan 89-01, except as amended herein. 4. The project shall implement all of the mitigation measures and. monitoring requirements identified in the Final EIRfor Old Coach Golf Estates (Sch #90010015) and nothing conta~ned in the documents or plans submitted for TTM 89-13R or CUP 90-13 shall be construed as constitu'ting a waiver of the mitigation measures required by the Final EIR for Old Coach Golf Estates. APPLICANT SHAL.J:. C01ITA.,CT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Prior to issuance of grading permits, the applicant shall submit a surface and ground water protection program designed to reduce surface runoff and prevent infiltration of fertilizers and pesticides into Lake Hodges and the water table underlying the project site. The applicant shall pay the necessary plan check fees required for the City to have the program reviewed by a qualified soils/agricultural engineer. 2. Prior to issuance of any building or grading permits for the clubhouse, d r i v ing ran'ge, tennis court, pool, and related commercial and reclCeational facilities, a development review permit shall ,be approved by City Council. The development review submittal must contain a parking analysis to address the specific commercial and recreational uses proposed. 3. The grading plans shall be revised to eliminate slopes with an inclination of 1 1/2:1 or greater. The Planning Director and the City Engineer may approve specific 1 1/2:1 slopes if the following conditions are met: a. The slopes are determined to be necessary to avoid disturbance of unique geological features (such as significant rock outcrops or steep canyons) or biological resources (such as mature oak trees or sensitive plant species). b. Five to six feet high retaining walls may be required for any 1 1/2:1 slopes to provide maximum reduction in the gradient and the area of slope face. " . . . 1408 Resolution No. p- 90- 91 Page 11 c. A .detailed re?egetation plan shall be prepared for any proposed 1 1/2:1 slopes, Special measures such as the use of fibre matting may be required. The revegetation plan shall be approved by the Director of Planning Services prior to issuance of grad'ing permits. ' 4. The private road adjacent to Lot 5 shall be realigned to substantially match the alignment originally approved on TTM 89-13 . 5. The revised map and, conditional use permit show that a minimum of 201 acres of undisturbed coastal sage scrub will be retained on-site,. The mitigation measures contained in the Final EIR for Old Coa'ch Golf Estates required no less than 215 acres to be preserved on-site, that 'an additional 11 acres be revegetated in coastal sage scrub and another 24 acres be preserved either on or off-site in order to provide a total of 250 acres. In order ,to implement the approved mitigation measures, additional coastal 'sage scrub habitat must be preserved by this project. The applicant may select one of the following three options: a. Revise the grading to preserve an additional 14 acres of coastal sage scrub contiguous to open space currently shown on the map. b. Purchase 28 off~site acres of high quality coastal sage scrub in addition to the 24 acres required by the Final EIR. c. Restore 43 acres of coastal sage on-stte. Prior to the City's acceptance of this option, the revegetation site plan and planting plan must be approved by a qualified expert with a proven record in habitat restorat:i.on. ,A five year monitoring program and ISO percent bonding of the construction cost will be required. Should the applicant revise grading to preserve additional open space but not enough to total 14 acres, the Pla1lliirig Director may approve a plan whereby the off-site or revegetation requirements are reduced proportionately. 6. No grading permit for this project shall be granted until a plan for providing the mitigation des-cribed in No.5 above is in place and approved by the Planning Director. 7. Any mature oak trees which will be affected by grading for this project shall be shown on the required Master plan of existing trees and be assessed by the City for transplantation and inclusion in the permanent landscaping for the project. " . . . 1409 :l' Resolution No. P- 90-91 Page 12 8. The landscaping plans for the golf course shall include a low flow irrigation system to water trees and shrubs. 9. Th~ applicant shall revise the grading plan toeliminpte any retaining walls which exceed six feet in height. A request for variance or amendment to Specific plan 89-01 may be submitted for action by City Council, where over-height walls serve to preserve significant natural features or reduce slope height. 10. The rock enclosures within Archaeological Site SD.i11, S22 shall be incorporated in an open space easement prior to final map recordation. The limits of the easement shall be subject to, approval by the project archaeologist, 'This easement shall be clearly shown on the grading plans and grading design shall be modified as necessary to avoid disturbance of this archaeological respurce. 11 . The location of required biological open ,space easements shall be clearly shown on the grading plans prior .;to issuance of any grading permits. These easements include the 100 foot buffer from the edge of the riparian forest canopy and the 25 foot buffer from the outer edge of the oak woodland canopy dripline as required by the EIR, 12. The m~n~ park site shall be removed from the map and incorporated into Opeh Space Lot E, 13. This approval shpll become null and void if building permits are not issued for this project in accordance with the time lines set forth on Page 4 of the Development Agreement. 14. Lots which are located in areas within an underlying slope of 25 percent or greater shall inco.rporate multiple fOundations wi.th a, minimum separation of five feet. The Director of Planning Services may approve alternative methods which reduce slope height such as changing the building pad elevation or adjacent street grade, reducing building pad size or use of retaini_ng walls under six feet in height provided these techniques reduce slope height to 25 feet or less. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. All adopted conditions of approval of the underlying tract map shall be satisfied except as amended herein. 2. Developer shall modify existing access to the fire station from Espola Road. Said modification shall include the regrading pnd re-lil1ldscaping of the driveway' and parking area to eliminate steep grades and allow adeqLiate turnaround ar.eas. 3. Developer shall install a switch in the fire station and additional "'Opticbm" to control the Espola Road and Old Coach . . '. . . . > 1410 Resolution No. P- 90-91 page 13 Raad traffic signal to. provide protected left turn access to. and from Espala Road for emergency vehicles. 4. Developer shall process a boundary adjustment through the Engineering 'Services Department. The Certificate of Compliance shall be recorded prior to. final map approval. 5. Prior to any ,rough graqe approval, if it is faund that the golf course irrigation needs cannot be met by graund water only, the applicant shall enter into an agreement with the City af Powayfar.use of untreated water from the Aqueduct. The City presently has'the rights to 2.5 Cubic Feet per S~cand (CFS) fram the Water Authority. StaneRidge Golf Course has a seniar agreement with 'the City for use of the water.. Old Caach Estates shall be entitled to the excess water available up to. 2.5 CFS. 6. The developer shall design and canstruct a water system for the transportation of reclaimed water from the Sanpasqual Reclamatian Plan to the project. Said construction shall be complete wi thin six months of availability af reclaimed water. T. The applicant shall enter into a contract with the aperators af the San Pasqual Reclaimed Water Facility far service of reclaimed water when it becomes available. When reclaimed water becomes aVailable i this praj ect !'Iill be required to relinquish the use of the aqueduct except in emergencies. 8. Street impravements on Old Coach Road shall be made in accordance with City Ordinance standards for Semi-Rural Streets Lacal Collector with the exceptian of pavement width which shall be 28 feet curb-to-curb. Sidewalk on one side af Old Coach Road (public portion) shall be requir~d in addition to cancrete curbs and gutters on both sides (public par,tian). A 35 mile per hour design speed will be used in the geometric design of the roadway. Paved turnouts will be provided at regular intervals in locations approved by the Director af Engineering Services. APPROVED and ADOPTED by the City Council of the City of Paway, State of California, this 27th day of November 1990. (21 ~ -~ Don ~san, I Qyor ATTEST: '1'-1 ' o I ICt \ \~'L' Marjorie K. k ') Lo. i---'~ Ce... Wahlsten, City Clerk " .:~ ' . ' . . 1411 -. Resolution No. p-90-91 Page 14 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-90_-91 .' was duly adopted by the City Council at a meeting of said City Council held on the 27th day of _ November , 1990, and that it was so adopted by the following vote: AYES: BRANNON, EMERY, GOLDSMlTH, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: KRUSE '-fl.'\{,2'~'L K' JU((.I,-;lL,~ Marjorie K,. wahlsten, City Clerk City <;>f\poway "-._1 REPORT\lTTM8913R.RES