Covenant Regarding Real Property 1988-660872
,.,... \.'"
~' ii, ;:~;-m:.lToRD ING REQUEST BY,:,
~I. '._
.
CITY OF POWA Y
WHEN RECORDED MAIL TO :
CITY CLERK
CITY OF POWA Y
P,.O" BOX 7.89
POWAY, CA 92064
No Transfer Tax Due
,
'0,723
}, , (.',
) ;'
)
)
)
)
)
)
)
)
)
)
88 "6~60,.2
..r ,r:;.r:-;~,;F1::-i-1':''-'!..i;'J''::-l
1 rOt? frt}i~i~~t'-ift;~~:;~:~~~N~pgi~. _j
88- 0bOgT2
88tlEC'22 PH 2:31
I ci:JJi~ kE(LdRLOfH i
~
. .:,.-.-....,--~
,
'RF-,/ j
AR' is:.. I
. '
(Thi s space for ,Recorder's use'), ,
,-
COVENANT REGARDING REAL PROPERTY
J~.
Donald W. Breihan and Louticia L. Breihan, husb'and and wife, as community
property as to an undivided,one half interest and 'Donald C. Breihan and Carolyn
A,. Bre,ihan, husband and ,wifie, as community property as to an undivided one half
interest ("OWNERS" hereinafter) are the owners ot' real property described in
Exhibit A which is attached hereto and made a part hereof ,and which is commonly
known as Assessor's Parcel Number 317.-480-06 ( "PROPERTY" hereinafter). In con-
sideration of the approval ,of Conditional Use Permit 87~06 and Development
Review 87.-08 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 shan run with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective partIes.
OWNER agrees that OWNER"s duties and obligations under this Covenant are a
lien upon the Property.
OWNER further agrees that at all times each coach within this mobile home
park shall be owned by the same persons or entity owning the lot on which the
coach is located.
If either party is required to incur costs to enforce the provisions of this
Covenant, the prevailing party shall be entitled to full reimbursement of an
,costs, including reasonable attorneys' fees, from the other party. The CITY may
assign to persons ilTIpac-te~: by the performance of this Covenant the ri ght to
enforceth;s Covenant against OWNER~~, ~fAl
Dated:, 1 ~ //.'t . W OVU
OWN R
Ii !f~ No ize)
D.t,d ~~
:::::: <~I~fyl{
.
,.
.. .~
-.
,',
,-
I
Dated: ~ I) Iq 1?8"
CITY OF POWA Y
By ~ 1')A~ - ~~
No need to Notfari ze)
.
.
j
1;;
u:
" ~
o .
'0
"
'6
"
N
'"
'"
o
o
CO
~
C
.
0.
E
o
o
~
>=
c
.
g
0;
.i ",
STATE OF CALIFORNIA ~ss. 0724
COUNTY OF ~Rn D; ego l
On December 1, 1988 ,before me, the undersigned, a Notary Public in and for
said Stale, personally appeared Donald W. Breihan and Lou ticia L. Breihan and
Carolyn A. Breihan and Donald Craig Breihan
-~ p~nall) 1,,,O'i,,rrto-me (or proved to me on the basis of salis-
-.... facloryevldence) to be the person(s) whose name(s}~are sub-
scribed to the within instrument and acknowledged to me that
hel-sfte/they executed the same.
WITNESS my hand-and official seal.
OFFICIAL SEAL
KATE NEMEG
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My CommiSJIon Ex ires Misy 16, 1990
(This area for official-notarial seal}
Signature
:1< DJ:.'
"
;)
S I"..('r-... ['J -
",
.'
''EAT A"
.
m ~~~~NCq
0725
5-677714
OESeR! PI'ION
Page 7
DESCRIPTION
PARCEL 1:
Those portions of Sections 13 and 24, TOw:lship 14 S~uth:. Range 2 \lest. San
Ber-nacdino Meridian, in the City of Poway, County of San Diego, State of
Cal:l.fornLa, accordinC" ;to .Official Plat thereof, being more' particularly
described as - fo11o'l.1S ~
All of the North~st Quae,ter of the Southeast Q.1arter arid the South~st
Quarter of the Northeast Quarter of said Section 24.
Along with that PJr!i~n.'of the Nonh\Jest. QJarter of. the, ~orthe~st Quarter of
said Section 24 and 'that 'portion of the Southw;st Quarter of the Southeast
QJ.arter of said Section 13, all being described as follows:
Cocmencing 'at the ,Norchwesc corner of said South~st Quarter of the Southeast
QJarter of 'Section 13; thenc-e along the Westerly line thereof South 020 20'
33" West, 553.37 feec; thence leaving said 'Westerly line: South 580 27' 03"
East along the ,centerHne o:f that Irrevocable Offer .to ~dicat_e Real Pr'operty
g:an'ted to the COUIlty.:of :San, Diego as Document ~o. 80-7316749, recorded
Septe~ber 29, 1980', "to the ~Easterly line of said Soutti~st QJarter of the
Southeast Quarter, said, plint being the True Point of Beginning; thence
retr,acing North 580 ,2i' 03" 'West' to said Westerly line' of said Southeast
Quarter of Sectiori 13;, theric:e South 20 20' 33" west ,along' said Westerly line
48.12 feet to Point "A"" also being at the interseciton .Yi.th a line .that is
parallel wit.h and 42.00 feet. South~ster1y of, measured at right angles, the
last described course ,hav'ing a bearing of North 58~ 27' 03" We'st; thence along
said ?arallel" line South 580 27' OJ" East. 355.00 feet 'to Point "B"; thence
~:lu:h 310 32' 57" West 20.00 feet t., the begi!':.r!.ing of a tangent 470.00 foot
r&dius curve" cODc"ave Easterly; thence Southerly along said curve through a
central angle of, 630 i3.' 3"6", an arc distance of 520.02 .feet to the. beginning
of a reverse 719.00 t"oot radius curve, concave 'South~sterly;, thence
Southeasterly along said curve through a central angle of 14'.22' 58", an arc
distance of. 180.49. fep.t; ~thence tangent to said curve ,South 170 27' 41" East
731.29 feet; thence South" 0002' 55" 'West 483.80 feet, more or less, to a
point on the South li:1.e of said North\Jest Quarter of the Northeast Quarter of
Section 24, distant 620.00 feet Easterly along said Un~e .from the Southwest
corner thereof; thence Easterly along said line 711.'39 ,feet;'; more or less, to
the Southeast corner of sa"id N::>rthwest Q..1arter of the N::>ri:.heast Q,Jarter of
Section 24"; -~hence alo"~ the East line of said North~st Quarter of the
Northeast Guarter of, Section 24 and along the East ,line of the South~st
Quarter of the Southea.st Quarter of Section .1'3 to tre TrUe Point of Beginning.
PARCEL 2:
Thatp:lrtion of the .,i'brthwest Quarter of the Northeast Quarter of Section 24
and the Southwest 'Quarter of the Southeast Quarter of Section 13, TotoUship 14
~uth" Range 2.<West, S~n Bernardino Meridian, in. the City of Poway, County of
'S<ln Di,ego, ,S~'te of Ca1"i.fornla, according to Official Plat thereof, being more
particularly described as fol101o\5:
COmmencing 'at the Northwest corner of said South~st Q.Jarter of the Southeast
Quarter of Section 13; thence alo~ the ~sterly line o{ said SOutheast
Quarter South 020 20' 33" West, 553.37 feet, to the intersection with the
centerline of that Irrevocable Offer to Dedicate Real P"roperty granted to the
County of San. Diego as Document No. 8-31674'9, record~d S~ptember 29, .1980;
thence- continuing along said ,Westerly line South 20 20' 33" West 48.12 feet to
the T~ue POint of Begi:lning, also being at the intersection with a line that
is p~~allel with and. 42.0.0 feet South~sterly of. measured at right angles to
the cent~rline ,~f said Irrevocable Offer of Dedicationgrarited to the County
of S~ Diego; the.nce along_,said parallel line South 5ao 27' 03" EaSt 355.00
feet.to Point ,liB"; thence ,South 31"0 32' 57" West 20.00 feet to the beginning
of-'a tangent '4"70.00 foot radius curve, concave Easterly; ,thence Southerly
along said curve through a ce-ntral angle of 630 z"3.' 36", an arc distance of
520.02 feet to the beginnirg of a reverse 719.00 foot radius curve, concave
South~sterly.; t"hen~e Southeasterly along said curve through a central angle
of 14022' 58", an a["c"distance of 180.49 feet; therce tangent'to said curve
South 170 27' 41" East 731.29 feet" thence South O. 02' 55" West 483.80 feet
more,or less, to a p:>bt on tl"e SO~th line of said North~st Quarter of the '
l'brtheast ,~a.["ter of Section 24, distant 620.00 feet Easterly along said. ~ine
from the South~est corner thereof; thence Westerly alo~ saur line to said
South~st Quarter of,~he N::lrthwest Quarter of the Northeast Qua~ter of, Section
24; thence .a1o~g ,the 'West line of said North~st Quarter of the Northeast
Quarter of Secdon 2~ ,and..a1ong ehe West line of the South~"st .Quarter of the
Southeast Quarter of Section. 13 to the True Poine of Beginning._
I;"
f
r
I
.
0726
.:
RESOLUTiON NO. P- 88-109
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY"CALIFORNIA
APPROVING CONDITIONAL USE PERMIJ ?7.-06,
DEVELOPMENT REVIEW 87'-.07, AND
TENTATIVE TRACT MAP 87-03
ASSESSOR'S PARCEL NUMBER 317-480-06
WHEREAS, Tentative Tract Map No. 87.-03, Condit}onal Use Permit 87-66, and
Development Review 87.~08,submitted by Donald Brei,nan, applicant, for the pur-
pose of subdivi ding thi! real property s i tuatedin the' City of Poway, County of
San Diego, State of Galifornia, described as that portion of the southwest
quarter of the southe.ast..,quarter of Secti on 13, Township 14 South, Range 2 West,
San Bernardino BaseiMeri dian, into 50 bu i 1 dab 1 e l.ots" a rema i nder parcel and
four common area pa~Cels, and to construct a 50 unit'mobne home park withas'so-
ciated recreational facilities and a manager's unit regularly came before, the
City Council for public hearing and action on November 1, 1988; and
WHEREAS, the D i:rector of Pl ann i ng Servi ces ha's recommended approval of the
tentative 'tract map, conditional use p'ermit, and development review, subject to
all conditions set forth' in the Planning Services Department report; and
WHEREAS, the CityC'ouncil has read and considered sai d report and
Environmental Initial Study and has considere(j other evidence presented at the
public hearing.
NOW, THEREFORE, the City Coun,cil of the City of Poway does resolve as
fo 11 OIvS:
Section 1: Environmental Findings:
The City, Council finds that the environmenfa.l concerns were adequately
addressed in the previously issued EIR and Subsequent EIR for the South
Poway Planned Coininunity.
Secti.on 2: Findings,:
'Tentanve l'ract' Map 81.-03
, .
1. The teDtative tract map is consistent with all applicable general and
specific plans, in that the South Powaj' .Development Plan designates
thi s 'S i te for a 50 un it mobile home' park.
2. The design or improvement of the tentative trSct map is consistent with
al'lapplicable general and specific plans, in that lot size and con-
figuration meet all applicable development standards, for Mobile Home
Parks.
3. lhe site is physically suitable for the type of development proposed,
in that t,he de,veiopment will be confined to areas with a natural slope
of less than 15 percent.
r
..
.1
0727
Resolutio,n No. P-88-109
Page 2
4.
The site is physically suitable for the density of the development pro~
posed, in that the proposed development wi'll be guffered by open space
on two sides and by public streets on the remaining sides.
5.
The design of the subdivision is not like.1y to cause substantial
envi ronmental damage and avoi dabl e injury to humans andwndlife or
their habitat, in that the site has been previously disturbed by
grazing and a large proportion of the site will be dedicated as open
space.
6.
Ttie tentative tract map is not likely to cause serious public health
problems, in that City sewer and water service will be provided to the
project.
7.. The des ign of the tentafi ve tract map wi 11 not confl i ct with any ease-
ment acquired by 'the public at large, now of record, for access through
or use of the property within the proposed subdivision.
8. That this projec't' will not create adverse impacts on the environment,
because all potential impacts can be mit'igated through the conditions
of approya 1 .
9. The effect of the mobile home park on the housing of the San Diego
region has been considered and balanced against the public service
needs of Poway residents and available fiscal and environmental
resources.
10. The design of the, mobile home park has provided, to the ex'tent
feasible, for future passive or natural heating or cooling oppor-
tunities in the subdivision.
Conditional Use Permit 87-06
1.
That the location" si,ze, design" and operat,ing characteris,tics of the
proposed use will be compatible with and will not adversely affect or
be materially de,trimental to adjacent uses, residents, buildings,
structures, or natural resources, in that the site adjoins an existing
mobile home park on the ,west, a proposed mobile home park site on' the
north, and o~en space lots on the e~st and south.
2. That the harmony in scale, bulk. cover'age, and density is consistent
w,i thadjacent uses, in that the dens i tji.s no greater than that found
in the adjacent mobile home park.
3. That there are available public facilities, services, and utilities.
.
0728
.
[
Resolutf6n No. P- 8S-l0g
Page,]
4. That there .wi 11 not be a harmfu 1 effect upondesirab ie, 'nei'ghbor,h60d
characteristics;" in that the project is isolated from sing,le Jamily
res i denti a lne,i ghborhoods and \Vi 11 c'omp Temenf the nearby Poy(ayRoya)
Mobile Home Park.
5. That the ,geneTatjon of traffic \Vill not adversely impact the
surroundingstreet,s and/or the City's Circulation Element,in that
street improvemen'ts are required which will mitigate poteiital traffic
impacts.
6. That the site, .is: suitable for the type and. in,tensity of use or develop-'
nient Whicn,is' proposed, in that significant natural features will not
be lost and 'the' slope percentage is lesstoan 15 percent., provided' that
any necessary al !erati ons to the grading plan are implemented 'as spe-
cifiedin the attached conditions of approv,a,l
7.. That there will n6t be significant harmful effects upon environmental
quality andnaturcH resources, in that the .attached condiilonsof
approval contai n ,l"equi rements whi ch \V,i 1.1 mi tigate potenti aT impacts to
a level of insignificance.
8. That there :are no other revel ant negaHve impacts of the proposed use
that cannot be miti~ated.
9, That the impacts'" as des,cribed above, and the location of the proposed
use wi 11 not ad,versely affect the City <if P6way General Pl an for future
as we11aspr,esent deve'lopment because the project is consistent with,
the standards tontaihed in the adopted specific plan for this site.
Development Review 87.-05
1. That the proposed development is in conformance'wHh the Poway General
Plan ; in tha,t the Plan designates this property asa Planned Community
and the developmentp 1 an for thep 1 anned communi ty specifies that th is
site is to liei de,ve loped, as a mobile home park.
2. T:hat the proposed development will not have an, adverse aesthetic,
health, safety . or arch,itecturally related impact upon ,adjoining pro-
perties',;in that the project will incorp.orate' ample landscaping arid
1 imited"grading and the mobile home: coaghes 'are a~ order'ly continuation
of the ex'i s ti ng mob il e home park to the wes t and proposed pa rk to the
south.
3. That the proposed development is in compliance with the Zoning
Ordi nance.
4. Ttiat the proposed development encourages the orderly and .harmoni ou s
appearance of structures and property wi,thin the City, in that it is
similar to and will complement adjacent development.
r
.'
.
.
0729
Resolution No. P- 88-109
Page 4
Sec.t ion 3: Cny Counc i 1 Dec is i on:
The City Council hereby approves Tentati ve Tr.,act Map 87.-03, Conditi onalUse
Permit 87.-06, and ~e~elopment Review 87-08 sJbject to the followin~ cbn-
di tions:
1. Wi thin 30 days of approval: (1) The applicant shall submit .in writ.ing
that all conditions of approval have been read and understood; and (2)
the property olmer shall execute a Covenant on Real Property.
2.
A screened parking area(s) for
vided wi thi n the project site.
parking areas shall be subject
Planning Services.
13 recreational vehicles shall be pro_
The location and screening of these
to the approval of the Director of
3. Prior to issu~nce of building permits, the applicant shall provide
plans for a children's play area including suitable playground equip-
ment. This requirement may be Ivai,ved if the applicant reco'rds a deed
covenant restricting occupancy within the project to adults,.
4. Common area Lots "P," and "E" shall be reduced in si ze so that they do
not extend along the roadway between the unit spaces and the private
street. Lot "c" (pri vate street) shall be propo'rtionately wi dened ,to
include those common areas in front of the ,unit spaces where sidewalks
and other util ides may .be located.
5. At all times, each ,coach Ivithin this mob,ile home. park shall be owned by
the same persons or en t i ty Qlvn i ng the lot on whi ch the coach is
located.
6. The final map for TPM 88-05 (VTN/Stevenson) shall be recorded prio,r to
final ization of the subject TTM 87.-03.
7. . Pri or to issuance of bu il di ng permi ts for the manager's un it and
recreation buildi,ng, a minor development re.view shall be submitted and
approved by the' Department of P1'anning -Services.
8. Any type of coaches other than those approved by DR 87-08, shall be
~pproved by the Department of Pl,anning Services through the minor deve-
lopment review pr.ocess.
Safety Services
L New fi re hydrants shall, be insta,ll,ed througtlOut the project at 300 foot
spacing, The location of each hYdrant shall be designated by the City
Fire i1arshal.
2. A wildl~nd fuel management program and lands~aping shall be provided a
the interface areas on the south and ea~t sides of the project.
.
0730
.
Resolution Np. P- 88-109
Page 5
3. The permanent buildings in the center ,of the proposed mobile, home park
shall have the ~ddress on the roof for the Sheriff's Department Astrea
Division meeting Department of Safety Services standards.
Miscellaneous
The pond located immediately south of the project boundary on Assessor's
Parcel Numbers 317-480~06 shall be drained in a mariner acceptable to the
Director of Public Services prior to issuance of building and grading per-
mits.
APPLICANT SHALL CONTACT' THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Servi~es' Department prior to
issuance of buifding permits. '
3. Approval of this request shall not waive compliance with all sections of the
Zoning Development tooe and all other appl icable City Ordinances in effect
at the time of building permit issuance.
4. Trash receptac les shall be enc 1 osed by a six foot hi gh mason ry \va 11 wi th
view-obstructing gates pursuant to City standards. Location shall be sub-
ject to approval by the Planning Services Department.
5. All roof appur'tenances" 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.
6. Prior to any use, of the project site all conditions of approval contained
herein shall be completed to the satisfaction of the Director of Planning
Services.
7. The applicant shall comply with the latest adopted Uniform Building Code',
Uniform ;~echanical Code, Uniform Plumbing Code, ~Jational .Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at ttle time of building permit issuance.
8. Prior to delivery of combustible building materials on site, water and selver
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems. In addition, the first 'lift of asphalt
r
[
.
.
0731
Resolution No. P- 88-109
Page 6
paving shall be in :place to provide adequate, permanent access for e!T1ergepcy
vehicles. The final lift of asphalt shall not be; installed until all other
construction activity has been substantially completed to the satisfaction
of the City.
9. For a new residentia;l dwelling unit(s), the applicant shall pay deve,lopment
fees at the established rate. Such fees may include, but not be limited to:
Permit and Plan Check,ing Fees, School Fees (in accordance with City-adopted
pol icy and/or ordinance), Water and Sewer Servfce Fees. These fees shall be
paid prior to building permit issuance.
10. Street names shall be approved by the Planning .'Services Department prior to
the recordation of the final map, and street addresses shall be provided
prior to the issuance of building permits.
11. Addresses shall be placed on all buildings so as to be plainly visible from
the street or access road; color of identification and/or addresses shall
contrast with their background color.
B. PARKING AND VEHICULAR ACCESS
1. All two-way traffic. aisl,es shall be a minimum, of 24 feet wide and emergency
access shall be provided, maintained free and C.lear, a minimum of 24 feet
wide at all times during' cons.truction in accordance with Safety ServiCes
Department requirements.
2. All parking spaces in recreational vehicle storage areas shall be double
striped.
C. LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to and approved
by the Safety Services De~artment and Planning Services Department prior to'
the issuance .ofbui)ding permits. The l~ndscaping planshali be cOnsistent
w,ith the gUidelin,es contained in the South Poway Development Plan and, shall
i nGorporate a tran,si t i ona 1 p,l an ti.ng concept in areas IYhe re the proj ect
adjoins open ,spac,e and is subject to fire hazards. The landscape plan shall
utilize earth berms and shrubs to minimize the apparent height of the noise
attenuation wall on Community Road.
2. 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 3tJ feet on interior streets and 20 feet on exterior
streets.
3. A minimum of Su trees per gross acre, comprised of the following size's,
shall be provideD within the development; 20% - 24" box or larger, 7.0% - 15
gallon, ahd 10% - .5 gallgn to the satisfaction of the Director of Planning
Services and in accordance with the approved. landscape plan.
.
0732
.
Resolution No. P- 88-109
Page 7.
4. Al,J landscaped areas shall be maintained in a healthy and thriving con-
dition, free from weeds, trash, and debris.
5. Existing on-site trees shall be retained wherever possible and shall be
trimmed and/or topped. Dead, decayi ng or potenti ally dangerous trees shall
be approved for removal at the discretion of the Planning Services
Department during' the review of the Master Pl,an of existing on-site trees.
Those trees whic'h are approved for removal shall be replaced on a tree-for-
tree basis as required by the Planning Services Department.
:D. SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
E. RECREATION
The developer shall imprOve the equestrian/pedestrian trail system in accor-
dance with the adopted sign standards and to the satisfaction of the
Director of Community Services prior to bui.1ding permit issuance.
F. EXISTING STRUCTURES - NONE
G. ADDITIONAL APPROVALS REQUIRED
1. The developer shall display a current Zoning and Land Use Map in the sales
office at all times, and/or suitable alternative to the satisfaction of the
Director of Plannlng Services.
2. When public or private equestrian/pedestrian trails are required as a part
of the subdivision, the developer shall display a map in the sales office,
of said subdivision, indicating the trails.
3. All sales maps that are distributed or made available to the public shall
'include bl!t not, be limited to trails, future and existing schools, park,s"
and streets.
4. The devel,oper shall provide a noise display board in the sales office to the
satisfactfon of the Planning Services' Di'rector. The display sllall include
the site plan and noise study.
S. Working orawings shall include a certification by a recognized acoustical
expert that the requirements of the City of Po WilY'S noise oroinance will be
met.
6. At the compleHon of construction, and prior' to occupancy, interior and
exterior CNEL shall be determined by field testing at developer's expense.
.
0733
.
r
Resolution No.P- 88-109
Page 8
Tests to be conducted by a recogni zed acoust,i'c'a,lexpert. No' occupancy per-
mits shall be gran'ted until Condition G,-7 is met to the satisfaction of the
Building Code (latest adopted edition) "Sound Transmission Control."
7. Prior to final map approval, the developer shall submit an acoustical analy,-
sis for the project. The acoustical analysis should identify mitigation
measures necessa'ry to reduce exterior noise level to 65 CNEL and interior
noise levels to 45' CNEL,.. If the acoustical analysis should determine that
noise attenuation ,\Valls must exceed eight feet in height or that it is not
possible for noise levels to be reduced to 65 CNEL exterior or 45 CNEL
:i,nterior th,is project shall be returned to CHy Counc.il for further review
pri or to map fi,nal i zati'on. '
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLiANCE WITH
THE FOLLOWING COND ITIONS:
H. GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and geotech-
nical report, and, accepted grading practices.
2. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform 'such work ~rior to final map approval.
3, A geological report shall be prepared by a qual ified engineer or geologist
and submitted prior to final map approval.
4, The final grading plan sh,all be subject to review and approval by the
Planning Services and Public Services Department and shall be comp,1eted
prior to recordation of the final subdivision map or issuance of building
permit, whichever comes first.
5. Slope height within the project shall not exceed 30 feet un'less approved by
City Counc'il .
6'. Cut slopes .in Friars Formation shall have a maximum inclination of 3:1
(horizontal to vertical).
7. If it ,is necessary' to revise the grading plan to keep "ithin the 30 foot
height limits, the following options may be utilized.
a. Crib walls not exceeding 15 feet i,n height.
b. Retaining walls not, exceeding 12 feet in height.
c. Adjustments to pad elevations within the project.
d. Elimination of one or more lots.
.
0734
.
Resolution Noc P- 88-109
Page 9
I. STREETS AND SIDEWALKS
J. Powa'y Creek Road, from the subdivision boundary to Midland Road shall be
dedicated and improved to Circulation Element Road standards for Urban Local
Collectors to the satisfaction of the Director of Public Services. The
applicant shall acquire slope rights for any necessary off-site gradi.ng out-
side of the ri~ht-of-way.
2. Community Road shall be improved to Circulation Element standards along the
western portion of the site. This shall include applicable right-of-way (to
be dedicated to the City of Poway) and street improvements including, but
not limited to, curb, gutter, sidewalk, paving, street light, drainage
structures, and fire hydrants.
3. Abutters rights of access to Community Road shall be waived on the,final
map.
4. The alignment of Poway Creek Road shall be 'subject to approval by tfle City
Council.
5. The manufactured slopes along Community Road shall be annexed to a Landscape
Maintenance District prior to finalization of the map.
6. All interior streets shall be constructed to street standards for non-
dedicated Pl anned Development 'roads.
7.. Reciprocal access and maintenance and/or agreements shall be provided
insuring access to all parcels over private roads, drives or parking areas
and maintenance thereof to the satisfaction of the Director of Public
Services.
8. Street striping and signing shall be installed to the satisfaction of the
Director of Publi,c S,ervices.
g. All street s,tructura,l sections shall be submitted to, and approved by the
Director of Publ ic Services. Rolled curbs may be approved where
appropria1:e.
10. Street improvement plans prepared on standard size sheets by a Registered
Civil Engineer Shall be submi1:ted for approval by the Director of Public
ServiCes. Plan check and inspection expens~s shall be paid by the deve"
J.oper.
11. All eHerior street improvements shall be constructed prior to issuance of
building permits, to the satisfaction of the Director of Public Services.
.
073,5
.
,:
I
,
,
Resol ution No. P-88-10,9
, Page 10
12. s'i:. reel: improvements that incl ude, but are not 1 i mHed to,:
X a. Sidewalks X e. Cross gutter
X b. Dri veways f. Alley gu Her
X c. Wheel chair ramps X g. S tree,t paving
X d. Curb and gutter h. Aney paving
shall be constructed prior to the occupancy of t)1e units to the' satisfaction
of the birector of public Services.
13. Al,ldamaged off-site public' works facilities,: ,including parkway trees,soall
g~ r!?p,at,rg,d: QS re~l"ac:E>d pr,ior to exonerati.on of bqnds and improvements, ;to
the satl'sfactlon 'of the Department of Public Services. '
14, The developer shall, p_ay the Traffic Mitigation Fee at the estab'lished rate
at the date the final inspection or the dat~ the certificate of " occupancy is
issued ,whichever occur,S 1 ater.
J. ,DRAINAGE AND FlOOD CONTROL
1. A Qrainage sy,stel1l capable of handl ing and\lisposing of all surfac'e water
ori~inating lVith,in tlle'subd'ivision, andal] surface \Vaters that "may flow
onto the subdivi:si:on fr;om adjacent lands,shall b"e'required. Said dra.i.hage
system shall inClude any easements and structures as required by the
Di rector of Publ i,c S,ervi ces (0 properly han_dJethe drainage. Detenti on
basins may be requi'red if runoff exceeds the undeveloped condition.
2. Portland cement concrete cross gutters shaJl be installed where water
crosses the roadways.
3. The t1aster Plan of. Dr,ainage Fee shall be pa)d at the established ra,te in
accordance w.i th the Drai nage Ord i nance at the date of fi na 1 i nspecti on or
at the date the cedif!cate of occupancy is issued, whichever occurs later.
4. Concentr.ate'd f1 owsacr,oss dri veways and/or' s,idewa,l k's shall not be permitted;.,
K). U}IUT!ES
1. All proposed utilittes within the project,shall be insta,lled underground
inClUding, existing uti1 ities along Ci.rculation Element rO,ads and/or high-
ways less than 34.5 KV.
2. Utihty e,asements shall be provided to the speciJication of the serving uti-
1 ity companies and the Director of Public Services.
3. The developer shall be responsible for the relocation and undergrounding of
existing public utilities, as required.
.
0736
.
[
Resolution No. P-88-109
Page 11
4. Water, sewer, and fire protection systems plans shall' be designed and
constructed to meet requirements of the City of POl'/ay and the Health
Department of the County of San Diego.
5. Prior to acceptance of property for sewer service, annexation to the sewer
improvement area shall occur.
6. The applicant shall pay for a water system analysis to establish ,the proper
size and location for the public water system. The amount will be deter-
mined by the cost of the analysis and shall be paid prior to building permit
issuance.
7. The applicant shall, within 30 days after recelvlng approval of the ten-
tative tract map, conditional use permit, and development review, apply for
a Let,ter of AvailabHij;y (LOA) to reserve sewerage availability and post
with the City, a nonrefundable reservation fee equal to 20% of the
appropriate sewerage connection fee in effect at the time the LOA is .
issuea.
8. Developer shall construct a ligllt system conforming to City of Poway
Standards at no cost to the public, subject to the following:
[
a.
Cut-off luminades shall be installe,d whjch will' provide true 90 degree
cutoff and prevent projection of light above the horizontal from the
lowest point of the lam~ or light emitting refractor or device.
b. All fixtures shall use a clear, low pressure sodium vapor light
source.
c. Advance energy charges and District engineering charges shall be paid
by the developer.
d. Annexation to the lighting district shall be accomplished and 'evidence
of annexation shall be accomplished at the time of final inspection or
certificate of, occupancy, whichever occurs first.
L. GENERAL REQUIREMENTS AND APPROVALS
1. A copy of the Covenants, Conditions and Restrictions (CC&R's) and/or
Articles of Inco'rporation of the Homeolvners Associ'ation shall be subject to
the review for compliance with conaitions herein, to the sattsfaction of the
City Attorney and Director of Planning Services, and shall be filed with the
Secretary of State, the County Recorder ana tile Ci(yClerk a't the time of
fina,lmap consiaeration, The CC&R's snall include a sta,tement Imicn prohi-
bits parking of recreational venicles on the unit space.
2. Final parcel and tract maps shall conform to City standards and procedures.
l
~' "
r
-.
.'
.
0737
Reso,luHori No. P"88-109
Page 12
3. BY'separate document prior to the recorcct'ing of the fi nal subdi vis i on map, or
on the fi na lsubdiV.isfon map, theresha 11 be gr'ahte'dto .the City, an' open
space easement over the remainder parcel. sa~id .open space easement. shal1 be
approved as to form by the City Attorney andsha'll 1 imit the use of satd
open space to recrea:t;'ional purposes.
4. All provisions of the Subdivision Ordinance of the PowayMunicip'aT Code
shall be met as they relate to the division Of land.
5. Tnose portions of t~.e. subject property proposed to be held unoer common
ownerSllip shall be labeled such and identified by a separate lot number on
the: fi nal' map'.
6. Prior to final map approval, all dedications -shall be made and easements
granted as required above.
7. The_ tentat i vemap approval shal.l expi re on NoverTlo'er I, .1990 un 1 ess an app.l i c.
cation for time extension is received 90 days prior to expiration in accor-
dance wi th the Cfty'sSubdi v.is i on Ordi nance.
8. The development' rev,iew and conditional useperimit shall expire on November
1, 1989 unless an application for time extens,ion is received ,60 days prior
to expiration.
.APPROVED and ADOPTED. by the C.i ty Counci 1, Ci ty of Poway, State of
California, this 1st day Of No'vember, 1988.
",/
'./
~-:::::....
-,
Ro er
/
(- ---
C. Emery, Mayor
--C- L~~/
/,
ATTEST:
"'--,'" - " . -, - I/.c 'L' ' L-
d j-!(L,-,-""--:c!:C, ;;'),,,-,,-:0,""-
Mar;jorle K,. Wanlsten, City Clerk