Covenant Regarding Real Property 1991-0093925
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RECORDINGiREQUEST BY:
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CIT;YOF.POWAY
WHEN RECORDED MAIL TO:
CITY ,CLERK
CiTY QI; ,PQWAY
P.O. BOX 789
POWAY,CA 92064,
No Transfer Tax Due
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05-MAR-l991 08~11 AM
SAHOIEGO, DOWHY REIORDWS O~FICE
AHNEm: EVANS,' COUNTY RECORDER,
RF:' 19,00 FEES:
AF: 17.00
MF: too
't73
COVENANT REGARDING REAL PROPERTY
(Thi s ,space for' Recorder I s use)
Broo~vi ew Village Partnershi p, a Ca lHor.ni a Generai Partnershi p (",(jWNERil
. . __}E! r:eJna-tfte r) i.s _ t~E!9~crier.B!,,~eaJ~p'rope rty :~e~~t~~~~,g,JI'1J~hib,itA iilh,ich _ i,s_ ._
=- ~~ 'attac~edhereto and' made ~r part: Mr!!of ctnd wl11,di 1S conmonly known as Assessor 's
Parce,l Numbers317-5,21-0~, .D4 ("PRO~ERTY"' hereinaftl!r). , Inconsideration of the
approval of CUP ~8~06MIDR 88-13MIVAR 89~.16by thl!QitY.. o,f poway ("C}TY"
here.i nafter), OWNER ,hereby. cov,enants and, agrees Jor' j:he benefi t of theGITY, to,
abide by condit i onsof the attached resol Lifi 01'1 (Exhibit B).
, ThisCovenanfshall run with t~_e land, and be b1ndJ~g upon and inure to ttle'
benefi t.o.f the futureowner.s ,enCumbrancers, successors, heirs, persona'l
representatives, transferees and .asslgnsof the resgective parUes. '
In the event ,that GUP 88_06M/DR 88-13M/VAR 89-16' ,expire 'or are rescinded by
chy Gounci Iat the. reqliest,~of the OWNER, CITY shaTleipunge this Covenantff6rn
the record t i ,tl e of 'the PROPERTY.
If either party is requ.ir.ed to incur costs to:enforce the, provi si ons of thi s
Covenant, the prl!vaili,rig 'party shall be enUtd to, ,f.l reimbursement of all
costs, including r~asonable,attorneys' fees, IJi'M 6t~er . r. e CITY may
ass'ign to persons impacted. by '~hJ~perf rmanc 0 t ,is.o e nth ri ht to
enforce this Covenant against OWNER.
Dated: Fphrllery?F. l'ggl
Dated: ~i/Af/'~ 1'790
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(Not:ariz~Jcholas
CITY OF POWAY
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(No need to Notrize)
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STATE OF CALIFORNIA... " 155.
COUNTY OF ~an UJ-,"go I
on~6_Ee.b..l:.ua_t:..y_19-9-1 ' before me, the undersigned, a Notary Public in and for
,said St~te, personally appearedfuchoJa_~._Debb.a.s XOOX!
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
XX Presidenl.arXOC.X X-~~<X!)tOO")(' on behalf of
The Debbas ComQanv. Inc
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
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WITNESS my hand and offjcial Sf\
Signat~_~~-'-~
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OFFICIAL SEAL ,~
ANNE G, RUBY
NOTARY PUBUC 'CAltfORN"
SAN DIEGO COUNTY
My COmm. Expires Moy 28, 1994
(This area for official notarial seal)
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ORDER NO. 981789~2
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'LEGAL DES~RI~TIO~
THE ,~D REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND, IS DESCRIBED AS FOLLOWS:
THE,sbUTHERLY 330.00 FEET OF THE NORTHWEST. QUARTER OF THE SOUTHWE5.T,
QUARTER OF SECTION .14, TOWNSHIP 14 SOUTH, RANGE 2 WEST., SAN
BERNARDINO M'ERIbIAN, IN THE CITY OF POWAY ,COUNTY OF SAN DIEGO, ' STATE
OF CI'.LIFCRNI.l\, 'ACCORDING TO OFFICIAL PUT THEREOF, EXCEPTING THE
WESTERLY 924.00FEE-r THEREOF.
EXCEPTlflG 'l~HAT PORTION LYING EASTERLY OF A LINE, THAT IS PARALLEL WITH
-AND 33. 00 FEET WESTERLY' OF' A'CENTER LINE DESCRIBED' AS FOLLOWS:~
BEGINNING AT THE INTERSECTION OF .PO\~AY ROAD, ROAD SURVEY 1013, AND
POMERADO ROAD, ROl~D 'SURVEY 1859-2, SAID "ROAD ,.S"URVEYS ON FILE IN THE
OFFICE OF THE COUNT-{ ENGHlEER OF SAID COUNTY, SAID INTERSECTION
HAVING COORDINATES NORTH 28~,619,64 AND EAST 1,751,015.65 .IN TERMS OF
THEChLIFORNIACOORDINATE SYS"TEM, ZONE 6; THENCE ALONG THE CENTl':RLINE
OF SAID POMERADO ROAD WITH BEARINGS AND DISTANCES IN 'l'ERMS OF, EiAID
COORDINATE SY"STEM NORTH 00'47'22" EAST, i829.58 FEET; THENCEN9RTH;
00'07'46" EAST, 2658.36 FEET'; THENCE NORTH 00"49'48" EAST, 35<)5.34
FEET; THENCE 'NORTH 01'18',08" EAST, 19.J..8,90 FEET; THENCE NORTH
01'03'50" EAST, 955.47 FEET ,TO THE BEGINNING Or~A TANGENT 1700,00
FOOT RADIUS CU~VE, CONCAVE EASTERLY; THENC'E NORT~.ERLYAr;oNG THE ARC
OF SAID CURVETHROUGIi A CENTRAL ANGLE OF 44'25'QJ", A DISTANCE OF
1317.89 FEET; THENCE TAHGENT,TO SAID. CURVE NORTH 45'28' 53" EAST,
:l98.,39 FEET '1'0 THE BE(;INNING OF A TANGENT 2000.00 FOOT RADIUS CURVE,
CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANG-LE OP"40'16'34",A DISTANCE OF 1405,90 FEET;
~HENCE TANGENT TO SAID CURVE NOR'l'H 05'12'19" EAST, 792,94 FEET 7'0 THE
m:SINNH1G OF A TANGENT 3000..00 FOOT RADIUS CURVE, CONCAVE WESTERLY;
THENCE 'NORTHERLY ALONG THE' ARC OF SAID CUHVE THHOUGH I,CENT'Rl,L ANGLE
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OF 3'04'38", A DISTANCE OF 161.12FEETI THENCE TANGENT TO SAID CURVE
NOR'l'H 02'07'41" EAS!I;, i9~J,09 FEET; THENCE Nbll.T~ 01'23'41" EAST,
608,.10 FEET TO THE BEGINNING OF A TANGENT 3000..00 FOOT RADIUS CURVE,
'CONCAVE WESTERLY; THENCE N(:>RTHERLY ALONG ,THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 8'26'29", A DISTANCE OF 4,41.99 FEET;
THENCE TANGENT TO SAID CURVE NORTH 7'02'48" WEST, 404.35 FEET TO THE
BEGINNING OF A TANGENT 2500,,00 FOOT RADIUS CURVE; CONCAVE EA.~TERLY;
THENCE NqRTHERLY ALONG' THE ARC ,OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 9'4'2":20" MORE OR LESS, A DISTANCE OF 423'.48 FEET, MORE OR LESS', TO
A POINT .IN 'THE RANCHO SAN BERNARDO BOUNDARY LINE SAID POINT HAVING
COORDINATES NORTH 304,8.25.49 AND EAST 1,752,479.69, SAID POINT BEING
THE POINT OF TERMINUS.
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776
RESOLUTI ON NO. P-90 -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CI'tV OF POWA'(, tf,l.LlFORNIA
APPROVING CONDITIONAL. OSEPERMIT, 88-06M
VARIANCE 89-16, AND DEVELOPMENT, REVIEW 88-13M
ASS~SSOR'S PARCEL NUMBER 317-521~03, 04
WHEREAS, CondH ional Use Permit. 88-06M, Vari ance89-=16, and Deve 1 opment
Review" 88Q3M, submitted by Brookview Vi llage Partnersh,ip, appl icant, requests
to construct a 108 unit seri'ior' housing complex on the west side of PomeradoRoad
bet~een poway Road and Robison Boulevard in the CO ~one; and
WHEREAS, on February 13, 1990, the City Council he Id a hearing on the above-
,referenced item.
NOW, THEREFORE., the City Council does hereby resolve as follows:
Section 1: Envi'ronmental Findings:
The City Council finds that this project will nO,t have a significant adverse
impact on the environment and hereby issues a Negative Declaration with
mitigation measur'es.
Section 2: Findings:
Cond it iona 1 Use Permit 88~06M
1. That the location., size, design, and operating characteristics of the
proposed use, wi1l:tl~ I:,ompatible with and" will not adversely affect or
be materially detrimenta:l to adjacent uses, residents ,buil di'rigs,
structures, or natura,j resources, in that the project adj"oi'ns an
exi stingcorrriJerci'al use.on the south, a church on the north:; and vacant
la.i1d on the east, and on the west, where the site adjoins a future
single-familY d~Veldpmeht, a landscape buffer and grciding design will
separate the two u~es. The project is des,ign~d to preserve and enhance
the existing watercourse that crosses the: property.
2. That the harmony 'in scale" bulk, coverage, and density is consistent
witha(jjaCent ~ses, 'in that the proposed buildings are architecturaily
compa t ib le with surround'i ng development.
3. That there are ava.i1ab,le publiC faCilities,serv,ices, and utilities, in
that City Council Resolution No. 90-005 set as,ide sewer capacity for
this project.
4. That there wiTlno,t be a harmful effect upon des; rable neighborhood
characteristics, in that the, project is physically separated from
single fami.ly residential uses on three srdes'and where it wi 11 adJoin
a future sing.lefamily subdivision, a wall and a ten foot landscape
buffer will be provided.
"Exhibit B"
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777
Re_solption No. P- 90-13
Page 2
5. That the generation oftraffi.c wi 11 not adversely impact the
surrounding streets and/or the City's Ci-rculatioil E1.ement, in that the
project 'wil 1 be requi red to construc,t road improvements which will
mitigate any impacts.
6. That the site is suitable for the type and intensity of use of devel:op-
ment whi chi sproposed', in that the propertyi.s level, with the excep-
t i on of a streambeiL,whi ch'will be preserved, and the site is ,an idea 1
location in terms of proximity to commercial grvices and pub'lic
transportation. All development standards will be made through project
construction.
7. That there win~6t be significant Harmful effects upon envi ronmental
qual ity and', natural -resources; in that the cond}tions of approval for
the project Wi,ll mi,tigate impacts to. a 1 eve lof insignificance.
8. That there are no ,other rel'evant negative impacts of the proposed use
.that cannot be mitigated.
9.
'T, hat the,proposed',use furthers goals of the ,Cjty of poway General Plan
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because the Genera,lpc]an designates senior hgusing a,s one of th~ .con-'
ditional uses an,owabi'e 'in the CO zone and the proviSion of ,senior
housing and lowillcome housing will help address an existing housing
shortage in the corrmunity.
Variance 89-16
1. That there ,arespeci al' Ci rcums tances app li cab] e to 'the propel'ty (is i ze,
shape, topography, iocation, or surrouildings') or the intended use ,of
the property, and 'qe,eause,of this, the stric,t ,!p'plicati'onof the
Zoni ng Development Ordi nance depri yes the property of pri vi 1 eges
enjqyed by other properties i.n the vicinity under identical zoning
classification.
The special circurii'stance which creates a constraint for this project is
the portion cifPomerado Cre'ek which cuts diagonally across the cerfter-
o,f the sjte. Approxi,l1lately .68 acres of ,the s'i,te is in the floodway.
In o,rder to meet,General Plan design standards alld environme'ntal
objectives fheapplL~ant had to avgTdC unnecessary di sturbance of the
creek area. The bui.1dings and park'ing areas, have been moved c1'oser to
the per.imeter ,of the site in order to minim{zed'rstu'rbance. ff the '
buhdings and'garages were moved in' towar.ds the ',creek to meet se,tback
standards, perimeter landscaping would be increased, but inted.or
l1Hidscap.i'ifg would be severely reduced and future residents of the
comple~'wQ~l~ be deprived of open landscaped areas necessary for an
aesthetically pleasing project. '
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778
Resolution No. P-90'-13
Page-j
2. That granting the variance of its modification is necessary for the
preservation and enjoyment of a sUbstan'fialproperty right possessed by
'other property in the same vicinity and .zone and denied to the property
for wh'i th the vari ahce is sought, in tha t the variance wi 11 a How for
adequate landscaped areas adjacent to each 'apartment as is normally
requi red for multi-family projects throughout the City.
3. That granting the variance or its modifica.t,jon will not be materially
detrimental to the pub'l ic health, safety. or welfare, or injurious to
the property or improvements in such vicinity and zone in which the
property i.s lotate'd,in that the setback var'iances wi 11 not impact
adjacent properttesor improvements because ten to 15 foot landscaped
buffers wi 11 be provided and the gradi ng p 1 an for the adjacent s i ngl e-
family residentr~l development indicates that the future homes will be
at least 20 feet from the cOlllTIon property nne.
4. The granting of the variance does not constitute a special privilege
inconsisten.t with the limitations upon other properties in the vicinity
and zone in wh,ichsuch property is situated" because this is one of the
1 ast sites to be devei oped on th is port i onof'Pomerado Road and the
majority of adjoining cOlTl11ercial and residential development in the
vicinity does not provide a 25 foot landscaped setback. '
The granting of thi;s' variance does not allow a, use or activity which is
not otherwise expressly authorized by the zoning development regulat.ion
governi rlg the parcel of property because the to zone permits seni:or
housing projectssubj'ect to approval of a conditional use perm,it.
5.
6. That granting thevarJance of its modification wi 11 not be incompatible
with the City of Po way General Plan because, conditions of approval for
this project wi)l ensure that the General ~tan objectives of providing
for ample landscaping and adequate separation between single-family and
mul t i -family uses wi 11 be met.
Development Review 88~13M
1. That the propo~~d d,evelopment is in conformance with the poway Gener;aJ
Plan. inthatthe Ion ing Deve 1 opment Code, des i gnat i on for th is site,
co, permits senior housing, subject to approval of a conditional use
permit. '
2. That the proposed development will not have an adverse aesthetic,
health. safety,. or architecturally related impact upon adjoining pro-
perties in that thl proposed buildings are architecturallj compatible
with surrounding residential and cOlTl11ercial developments, and the
required improvements will protect the health and safety of adjoining
properties.
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Resol'ution No. P- 90-13
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3.
That the proposed development is in compliance with the Zoning
Ordinance'in that al f development standards will be met through project
construction.
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4. That the proposed development encourages the orderly and haHnonious
appearance of structures and property within the City in that the pro-
posed buildings will incorporate architectural details, materiills, and
colors that will be complementary to buildings in the surrounding area.
Section 3: City Co~ncil Deci~ion:
The City Council hereby allPr:,ovtls Conditional Use Permit 88-06M, Variance
89-16. and Development Review '88-13M subject to the f,ollowing condi,tions:
1. Within 30 days 01' approval: (1) The applicant shall submit in writing
that all conditi ons of approval have been read and understood; and, (2)
the property owner shall execute a Covenan,t on Real Property.
2. All units in the project, with the exception of the manager's unit,
shall be rented only lo persons 55 years of age or older. Should State
or Federa.l law invalidate this requirement 'at any time in the future, a
revi ew of this CUP by the Ci ty Counci 1 shill 1 beschedul ed for con-
sideration of possible mogifications to the conditions of approval
including review of ,the site design and consider:ation of possible re-
moval of structures to allow the projeot to provide parking or ameni-
ties necessary to serve non-senior residents.
3. Twenty-one units within the project shall be designated as affordable
units. Rents for 1'6 of the 21 units shall not ,exceed 30 percent of 80
percent of the median income for a two-person household as established
by HUD for the San Diego Metropolitan Statistical area. Rents for the
rema i ni ng fi ve units 'shall not exceed 30 percent of 50 percent of the
median income fora two-person household. The, actual rental rate shall
be determined by the City of poway Housing Coordinator in accordance
with applicable federal, state, and local pol icies and programs. Th<ey
may be adjusted to reflect changes in the rental market.
4. The developer shall ;execute a contract w;ith the City of poway which
speCifies how rental rates for the affordable units shali be determined
and assures that the 21 affordable units shall be occupied by qual ified
lower income households. This contract shall be executed prior to
issuance of grading and building permits.
5 The developer~ pursuant to the contractual agreement menti~ned in
Condition No. 3 above, will be responsible for assuring that the
reserved affordable bonus units are occupied by qualified lower income
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~esolution No. P-9Q-13
Page 5
households. Certification of income for tenants shall take place only
on their initial occupancy in the project. In the event that lower
Income households are not available to rent the units to the sati~fac-
tion of the Cit~~f poway Housing Coordinator, the owner may rent the
units at the defined reasonable rental rate to the public at large. As
soon as a vacancy is a'nticipated, the City's ,Housing Coordinator shall
be notified and the Vacant unit shall be made available to income ell~
gible households as defined herein.
6. The appl icant sha,ll obtain a streambed alteration permit from the
California Department of Fish and Game prior to issuance of building
permits.
7. This project has been approved based on the understanding that the
stream which crosses the property wi)1 be left, in a natural state with
the exception of the area where the new box culvert is to be installed
and any clearing of the channel which is necessary to insure efficient
drainage flow. If the subsequent hydrology studies required by
Drai~age and flood Control Section, Condition No. ~, indicate that
addit iona 1 s i gnifi cant changes to the site plan or streambed are
required, the revi'sed project shall be sch~duled for CityCouncil
review prior to issuance of permits.
8. This project is, subJect to State Handicap Regulations as set forth in
Title 24. Five percent of the total number of units shall fully comply'
with theaccessibil ity/adaptabil ity regulations. All other apartment
units which are on accessible floors by means of elevator, ramp, or
special 11ft shall comply with mandatory adaptabil ity features as set
forth in Title 24.
9. 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 cOlTTTIercial uses.
APPLICANT SHAll CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
L Site sha 11 be deve loped in accordance with the approved site plans on fi 1 e
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations Incorporating all conditions of
approval shall be submHted to the Planning Services Department prior to
issuance of building permits.
J. Approval of this request shall not waive compl iance with all sections of the
Zoning Development COde' and all other applicable City Ordinances in effect
at the time of buildi'ng permit issuance.
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Resolution No. P-90-13
Page 6
4. Mail boxes shall be instaUed according to. a plan which is acceptable to
both the Post Office and the Director of Planning Services.
5. . Trash receptacles shall be enclosed by a six foot high masonry wall with
viewcobstructing gates pufsuant to City standards. Location shall be sub-
ject to approval by the Planning Services Department.
6. Any roof appurtenances, inclYding air conditioners, shall be architecturally
integrated, shielded from vi'ew and sound buffered from adjacent properties
and streets as required by the Planning Services Department.
7. The applicant shan comply with the lates't adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other appl icabl,e codes ,and ordinances in effect
at the time of building permit issuance.
8. For a new residential dwelling unit(s), the applicant shall pay development
fees at the establi'shed rate. Such fees may include, but not be limited to:
Permit and Plan Check i ngFees , School Fees (i n,accordance with City-adopted
policy and/or ordinance), Water and Sewer Service Fees. These fees shall be
paid prior to final map 'approval (grading plan, improvement plan checking
fees) and prior to building permit issuance (water, sewer, drainage, and
traffic mitigation fees) except when security deposit is posted.
9. The design of the noise attenuation wall on Pomerado Road shall be approved
by the Planning Services Department prior to issuance of permits.
10. The noise"attenuation wall shall be slumpstone block with pilasters. .A
portion of the wall shall be set back an addit,ional t;our feet from Pcmerado
Road as shown on Attachment 10 of the staff report dated February 13, 1990.
11. The recreation room shall be accessible to the handicapped.
12. Each unit shal,l be provided with a hookup for washer and dryer.
13. Enhanced paving shall be used where sidewalks cross driveway entrances to
the she.
14. A six foot masonry wall shall be provided al'ong the western and southern
propert~lines. The design and location of the wall shall be subject to the
approval of the Director of Planning Services.
15. The applicant shall submit an updated acoustical analysis for the revised
site plan. The .revised acoustical analysis shall eva,luate both indoor and
outdoor noise levels.
PARKING
A minimum of four handicapped parking spaces shall be provided.
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Resolution' No. P-90-13
Page 7
LANDSCAPING
1. The planting concept for the project shall be revised to include species
" recorrmended by the U,S. Depa1rtment of Fish and Game to enhance the streams
value as a ripari(jn habitat. Quick-growing species such as cottonwoods and
alders shall be include,d in the plan.
2. The planting plan shall include 24 inch and 36 inch box specimen trees',
especially at the proJecfeilfrance and around therecreafion bu i 1 ding.
3. Vines shall be planted'atfive foot inte~vals adj(jcent to the noise atten-
uation wall. The vine. ,spec.ies chosen shall have the capabi 1 ity of cl imbing
the wall and providing coverage in six - seven years.
4. A deta,i1ed landscape and irrigation plan shall be submitted to and approved
by the Planning Services' Department prior to the issuance of bui lding per-
mits.
5. A Master Plan of the ex,iSting on-site trees shall be provided to the
Pl annirig Se'rvices Departmentpri or to the is silanee of bui 1 ding pe rmits and
prior to grading, todeferrriine which trees shall be retained.
6. Existing on-site trees shall be retained wherever'poss.ible and shall be
trirrmed and/or topped. Dead, decaying or, pote'nrialTy dangerous trees shall
be approved for removal 'at tHe discretion of the Planning Services
Department during the revi'ew of the Master Plan of existing on-site trees:
Those trees whi ch are approved for removal sha U, be repl aced on a tree-for-
tree basis as requirecitly the Planning ServicesD'epartment.
7. 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 an
average of every 30 feet on interior streets and '''20' 'feet on exterior
streets.
8. A, minimum oJ 5Q tree~ per gross acre, comprisedo( the following sizes,
shall be provided within the development;'?o% -24" box or larger, 70% - 15
gallon" and lOt - 5,gallon to the satisfaction o,f' the Director of Planning
Services and in. accordance with the approved landscape plan.
9. All lands.taped areas ,shall be maintained in a healthy and thriving con_
dition" free from weeds, trash, and debris.
10. Annex into the appropriate LMD prior to final map'approval.
11. A bus bench arid shelter shall be provided at the existing bus stop south of
the project site. Dest'gn and, placement of the shelter shall be subject to
approval by the Corrmunfty Services Department.
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783
RgoTution,No. P-90-13
Page 8
SIGNS,
Any signs proposed for, this"development shall be designed and approved in
, confonriance with theStgn Ordinance.
RECREATION
The developer sha.ll pay the Park Fee at theestabnshed rate at the date of
final fnspection, or the date o~ the Certificate of Occupancy, whichever
occurs later.
ADDITIONAL APPROVALS REQUIRED
1. The developer sha llprovi de, ,a noise di splay board tnthe offi ce to the
satisfaction of the Planning Services Director. The display shall incJude
the site plan and nod.se 1t~dy~
2. Working drawings sha.1J i,nclude a certification by a recognized acoustical
expert that the requi~ements of the City of Poway.s ~oise ord~nance will be
met.
3~ At the completi,on ,of construction,and prior toocciJ'pancy, interior anSi,
exterior CNEL sh.all pe dete~lT1ined by field testi'ng a~t developer's E!xpense.
Tests to be conducted by'a recognized acoustical !xpe[t, No occypancy per-
mits sha 11 be g rantedunt i 1 Condit i on G-7 is met to the sat is facti'on of the
Building Code (latest adopted edition) "Sound Transmission Co'ntrol."
APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. Al,l on-site new pub,l ic water main and sewer main shall have an easement
ded tca ted to the City prior' toi ssuance of a ce'rtTfi cate of occupancy. Said
easement shall b-e a nWnimi.irri of 20 feet wide for each ma,in.
Any portion of new water newer mains necessary, for the ,property des.i.gn of
wA,tefI~ewer sys'tems for the project shall a)so ha'~e e:asementsdedi~a.ted:to'
the City of Po\,/ay. It 'shaY! be the responsibility of the owner and/or deve.l-
oper to ,acquire said easements.
2. The two parcels that comprise the development shall be ,merged prior to
issuance o~ a certifi~ati of occupancy.
3. Prior to is,s,iJance ,of a, grading permit, thedev,eloper and/or owner 's.hal,l
cause the complete execution ,of a quitclaim (jeed from easement holders for
that easementanci right-of-way for road, uti lity, -and incidental purposes
over; under, along, and across the property. Reference is hereby made to
Doc. No. 86087, re:tb'rciedMay 19, 1970, O.R. and that instrument recorded
June 15, 1959, Book 7715, Page 382 of O.R.
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784
Resolution No. P-90-13
Page,9
A cOpy of the recorded.quitcl aim deed shall be furnished to the City pri or
to grading permit issuance,
, Also,prior to grading, permit issuance, the owner and/or developer (should
the above easement ana. r..ight-of-way be quitclaimed) shall dedicate a replace'-
ment easement and right-6'f-way' over Robison Street ex,tension for similar
uses to all the easement hJllders. A copy of ,the re<<9rd~d easement document
shall be furnished to the City prior to grading permit issuance.
4. A maintenance/liab,.i1'ity responsibility agreement, in a form satisfactory to
the City Attorney shall be executed by the owner and/or devel operfo.r the
use and building over the drainage culvert to be built that is within the
hereinbefore m~nti~ned~.rainage easement to be dedicated. Said agreement
shall be recorded prior to issuance of a building permit.
GRADING
1. Grading of the subject property shall be in accordance wi~h the Uniform
Building Code, City Grading Ordinance, approved grading plan and geotech-
ni~al report, and accepted grading practices.
2. The grading plan shaTlcciritain a certificate signed by a registered c,ivil
engineer that the grading plan .has preserved a minimum of 100 square feet of
solar access for each building within the project.
3. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work at first submi'ttal of a grading
plan.
4. A geological report shail be prepared by a qualifi~d engineer or geologist
and submitted at the time of application for grading plan check.
5. The final grading plan shall be subject to revie,w' and approval by the
Planni ng Servi cesand Eng,ineering Servi ces Depar'i:ment and shall be compl eted
prior to issuance of bu.ilding permits. '
6. A pre-blast survey oJ ,surrounding property ,shall be conducted to 'the satis-
faction: of the 'Director of Engineering Services prior to any rock blasting.
Se.ismic: recordings sha,ll be taken for all,blast,ing and blasting shall occur
only at' locattons and levels approved by the D.iirector of Engineering
Se rv i,ces.
STREETS AND SIDEWALKS
1. PomeradoRoa4 along the development's frontage shall be improved to City's
Circulation Element - MajOr Arterial Roadway Standards with a modified
right-of-way width and 'pavement width.
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785
Resolution No. P-90-13
Page .10
Improvement shall include, but is not to be limited to, widening the
westerly ~alf of said road to 46 feet pavement width and construction of
concrete curti, gutter, and: sidewalk. It shall also 'include necessary street
transition improVement's to e1(isting improvements north of and south of the
development's boundary. Pavement structural section design shall be based
on a minimum traffic tndex' Of 9.0 or as may be approved by the Director of
Engineering Services.
2.
A landscaped median (similar to the existing median i(l poway Road) shall be
constructed along the development's frontage on Poway Road. The design of
said median shall be to the satisfaction ,of the ,Director of Engineering
Servi ces.
3.
Robison Boulevard extension along the northerly portion of the property
shall'be improved (parUany) to City's Urban Road - Non-dedicated Local
Collector Street Standards. Improvement shall Ihclude.b~t is not to be
1 imited to, construction of a minimum street roadway pavement of 24 feet
wide, concrete curb, gutter, and sidewalk along the southerly side, and an
A.C. berm along the ri'ortherly side. Pavement structural section design
shall be based on a min,imumtraffic index of 5.'0 or as may be approved by
the Director of Engineering Services.
A residential drivewayapp'roach, per City of poway Standards and satisfac-
torily located by the, westerly property adjoiner's owner, shall be built at
the western end of said Robison Boulevard extenslon.
4.
Street lights, per City of poway Standards, shall be in~talled along the
',west,side, of Poinerado, ,Road ,cont,iguous, with, the develOpment's boundary and
"along the south side' 'of Robison 'Boulevard extension. Location of lights
shall be as approved by the City's Engineering Services Department.
To facilitate the determination of street lights' locations, the applicant's
Civil Engineer shallsubml"t a plot plan Showing the location of existing
street 1 ights a],ong Pomerado Road within a sooroot radius, from the proj-
ect's exterior boundary. Submittal of sa,id, prot plan shall be prior to or
at first submittal of street improvement plans.
5. A traffic si~nal shall be' installed at the intersecti~n of Pomerado Road, and
Robison Boulevard at no cost to the City of p'oway. The design sta'ndards and'
spetificationsshall be to the satiSfaction of the City's Traffic
Engineeri ng and/or the Di rec'tor of Englneeri ng Servi ces.
6. Traffic Mitigation Fee shall be credited towards the cost of traffic signal
installation.
7. Additional street right-of-way for Pomerado Road widening, the width of
which shall be 23 feet, shall be dedicated to the City prior to issuance of
a building permit.
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786
Resolution No. P-90-13
Page 11
8. The-northerly 45 feet of the property shall be irrevocably offered for dedI-
cation for ~tteet-rlght-of-way purposes (for Robison Boulevard extension)
prior to building permit issuance.
9. All Circulation Element, roads shall be dedicated and Improved to Circulation
Element road standards and to the specifications of the Director of
Engineering Services.
10. All streets shall be constructed to public street standards.
11. Sidewalks 4.5 feet in width shall be required on one side of Pomerado Road
(west. side) and Robiso'n Boulevard (south'side).
12. Street striping and signing shall be inst~lled to the satisfaction of the
Director of Engineering Services.
13. All street structural sections' shall be submitted to, and approved by the
Director of Engineering Services.
14. Street improvement plans prepared on standard size sheets by a Registered
Civil Engineer shall be subm'itted for approval by the Director of Public
Services. Plan check and inspection expenses shall be paid by the devel-
oper.
15. Street improvements that include, but are not limited to:
X a.
X b.
X c.
X d.
Sidewalks
Driveways
Wheel chair ramps
Curb and gutter/A.C. berm
X ,e.
f.
----x- g .
-h.
Cross ~utter (If needed)
Al1ey gutter
sheet paving
All ey pa v i ng
shall be constructed prior to the occupancy of the units to the satisfaction
of the Director of Engineerfrig Services.
16. All damaged off-site public works facilities., Including parkway trees, shall
be repaired or replaced prior to exoneration of bonds and Improvements, to
the satisfaction of the Department of Engineering S'ervices.
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17. Prior to any work being performed in the public right-of-way, a right-of-way
permit shall be obtained from the Engineering Services office and
appropriate fees paid, in addition to any other permits required.
18. The developersha,ll pay the Traffic Mitigation Fee at the established rate
at the date the final inspection or the, date the Certificate of Occupancy is
issued, whichever occurs later, but a security depOSit must be posted prior
to building permit issuance. A credit 'Will be granted towards the cost of
the traffic signal installation.
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787
Resolution No. P-90-13
Page 12
DRAINAGE AND FLOOO CONTROL
1. A box culvert, design~d to carry a 100 year flood, shall be constructed
- southweste~ly to the project as extension of that ekisting drainage struc-
ture under Pomerado Road/Robison Boulevard intersection. Portion of said
culvert with building structures to be built over shall be designed struc-
turally to the satisfaction of the Director of Engineering Services.
Structural calculations ~hall be submitted at first submittal of improvemeht
plans.
A drainage easement shall, be dedicated to the City prior to issuance of a
certificate of occupancy.
2. A maintenance agreement for Pomerado Creek within the developme'nt, in a form
satisfactory to the c'fty Attorney, shall be executed by the owner and/or the
developer prior to issuance ~f a certificate of occupahcy.
3. Intersection drains wH,l be required at locations specified by the Director
of Engineering Services and in accordance with standard engineering prac-
tices.
4. A drainage system capable of handl ing and disposing of all surface water
originating within' the property, and all surface waters that may flow onto
the property from adjacent lands, sha 11 be requ ired. Sa i d dra i nagesystem
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
5. Hydrology/hydraulic calculations shall be submitted to the City at first
submittal of improvement plans.
6. Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
7. The Master Plan of Drainage Fee shall be paid at the established rate in
accordance with the Drainage'Ordinance at the date of final inspection ~r
at the date the tertificate of occupancy is issued, whichever occurs later,
but a security deposit must be posted prior to building permit issuance.
8. Concentrated flows across driveways and/or sidewalks shall not be permitted.
UTILITIES
1. All proposed uti:l'it,ieswithin the project shall be installed underground
including existing utilities less than 34.5 KV along Circulation Element
roads and/or highways.
2. Ut il ity easements sha 11 be p rov i ded to the specifi cat i on of the servi ng
utility cbmpan)es and the Director of Engineering Services.
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788
R'eso'Yution No. P-90-13
Page 13
3. The de~elo~e~ shall b~ responsible for the relocation and ~ndergrounding'of
existing ~ublic utilities, as required.
4. Water, sewer, and fire protection systems plans shall be designed and
"constructed to meet rl!qui rements of the Ci ty of poway and the Heal th
Department of the County of San Diego.
5. Prior to acceptance of property for sewer ser~ice, annexation to the sewer
improvement area shall occur.
6. The applicant shall pay for a water system analysis to establish the proper
size and location for the. publ ic water system. The amount wi 11 be deter-
mined by the cost of theanalysfs ,and shall be paid upon demand by the City.
7. The appl icant shal,l, within 30 days after, receiving approval of ,the con-
ditional use permit and 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 effett 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 publici 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 horizonta.l from the
lowest point of the lamp or light emitting refl'actor or device.
b. All fixtures shall use ,a clear, low pressure sodium vapor light
sou rce.
c. Advance energy charges and Di stri ct engi neeri ng chargessha 11 be paid
by the developer.
d. Annexation to, the lighting district shall be accomplished and evidence
of annexaHon shall be accompl ished at the time,o'f final inspection or
certificate of occupancy, whichever occurs later. '
9. Cable televi.sion services shall be provided 'and insta,lled underground. The
d'eveloper sha,]i notify the Cable company wheri trenching for util ities is to
be accompli shed. '
APPI:lCANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE' FoLLOWiNGtONDIIIONS:
1. An automatic sprinkler system shall be installed in every apartment complex
conta'in,ing more than 15 units. Residentia'l sprinkler heads shall be used in
the dwell ing units.
2. Designated fire lanes with approved curb markings and signs shall be
i nsta !led.
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Re,solution No. P-90-13
Rage, 14
789
3. New fire hydrants to be ins,talled at locations as determined ,by the City
F'ire Ma rshal .
4. Knox security system ~hal1bE!provided.
5. A lighted directory map shall be installed at each driveway entrance,
meeting current Department of Safety Service standilras.
'6.. Minimum size address shall be four inches on contrasting background.
7. Prior to delivery or' comb9stible building materials on site, water and sewer
systems shall satisfactoril,y pass all required tes,ts 'and be connected to the
public water and sewer systems. In addition, the first lift of asphalt,"
paving shall be in place to provide adequate,' Pl!.rma,~ent access for' emergency
vehicles. The final lift of ,asphalt shall,not:be tnstalled until all .other,
c()nstruction activity h'as been, sUbstantially comple"ted to the satisfaction
of the City.
8.
t 9.
10.
11.
it.
Fire extinguishers, meeting :current requirements shall be installed
throughout the project area.
ROOf covering shall meet C.lass A fire retardant test specifications.
Fire alarm system 'shall be installed in accordanCE! with, Article 14 of the
Uniform Fire Code.
D,ead end access roadways ,i n excess of 150 feet long shall be provided, with '.
approved provi si onsfor the~ turning around' of Fi re, Department" appa ratus';
The access roadway shall be :extended to within 150 feet, of all portions of
the exterior wal.1s of the fi rst story of any building. Where the access
roadway cannot. be provided,approved fire protectIon systems shall be pro-
vided as required and approved by the chi ef.
GENERAL REQUIREMENTS AND APPROVALS,
Thecondili ona 1 use permit, vari ance, and development revi ew approval ,shall
expire on February n, 1992.
ApPROVED and ADOPTED by the City Council of the City of Po~ay~ State of
Ca 1 ifornia" the 13th day of February, 1990.
9~s~kor
.. ATTEST:
I IiCLn'1t<< k, ?UC't/l0iz:..
Marjorie K; Wahlsten, City C,lerk