Covenant Regarding Real Property 1988-622790
'/
.'~'r:...;'.. .'....... . .'"'--
''i~::' -;;-
/
,~-
".. - <.8,8,6:232.19'0
r::,UECOROED IN -:-'/
l .Pt r 1{:~!~_knECOJiDS
IO!" ~l"'.d uf:':'Y.'! CCIUNJY. CA. I~
,
Q 1 74,5
'.
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAI L TO:
88 DEe "'SAN II: 30
I VE,":A L l'fLE;~ I
,L f:p~f!n'( ilECORD~
CITY CLERK
CITY OF POWA Y
P.O.-BOX 7.89
POWAY, CA 92064
~,
~;
No Transfer Tax Due
(This space for Recorder's use)
COVENANT REGARDING REAL PROPERTY
Martha"Newbery,.a widow, ("OWNER" hereinafter) cis the owner of real property
:- '.--,'-- -.desci'ibed~in E-xhibH A wh,iGhis-attached hereto-aDd made a part' hereof 'and''':whYch--..
fs common ly known as Assessor's Parcel Number 3l7. -521-04 ("PROPERTY '
hereinafter). In consideration of the approval of Condltional Use Permit 88-06
and Development Re,view 88-13 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).
Th,is Covenant shall run w'ith, the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal
representati ves, transferees and assigns of the respective parti es.
In the event that Conditional Use ~ermit 88-06 and Development Review
88-13 expire or "ar,e rescinded by.C'ity Council at the request of the OWNER,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 costs to enforce the provisions of this
~ovenant, the prevailing party shall be entitled to full reimbursement of all
costs;i ncl udi ng reaso,n,~bl e attorneys' fees, from the other party. The CITY may
assign to persons impacted by the performance of this Covenant the right to
enforce this Covenant against OWNER.
Dated,:
November l?, 1988
-' .......
November 1, 1988
-~- .
~,,-..;; '7-~i7
- . '--- .;':--
/'"~-' -~- ,"
/.~'- ~.....
~'--./ ---
I ' -
- ""
/ .,'
1?- -_.:~".,
~~<'......,...-;;j /, <..
By ,~U/,A.-- ..;;:::.:;~
(No need to Not ~
CITY OF POWAY
Dated:
STATE OF CALIFORNIA) ss
COUNTY OF SAN DIEGO) .
On November 17, 1988, before me, the undersigned." a Notary Public in and
for said County' and State,' personally appeared Martl:!aL. Lang: alsokniJwn
as Martha L. Newbery, personally known to me to be the 'person s whose
name is subscribed to the within instrUment and acknowledged to me that
she executed same.
~" OFFICIAL SEAL
ll~i~,~ ROl::ERT C, NEAL
~.~r~~~::e!;1,.. I" .NOT/\f\'t PU8_~IC - C/,UFP~i:-!!A
: . ;~.;tU~~w." ;"SAlJ [;-[:::90 r;:;OU~TY'
~~~MY Comrn. 'ExprrcsJt.:ne:21.. 199:0
--:JJ- 'nCOR TITLe,{i.sURANC~ '
" ;, . -, . 0 1746
, . '
(.
THE LAND REFERRED TOHEREtN IS SITUATED IN THE STATE OF CALIFORNIA"
eOU~TY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THES9.UTHERP, 330.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER dF SECTION 14,TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAK BERNARD1NO
M~RID1AN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
iCCORDING TO OFFICIAL PLAT i~EREOF, EXCEPTING TH~ WESTERLY 924,00 fEET
ri-iEREOF .
EXCEPTING THAT PORTION LYING EASTERLY OF A LINE THAT IS PARALLEL WITH AND
33.00 FEET WESTEkLY OF A C~NTER LINE DESCRI~Eb A~ FOLLOWS:
BEGINNING ,AT THE INTERSECTION OF POWAY ROAD, ROAD SURVEY 1013, AND
POMERADO ROAD, ROAD SURVEY 1859-2" SA I DROAD SURV,E.YSON FILE IN THEOFF,ICE
OF'Tl:iE COUNTY EN(;,INEER oy SAID COUNTY, SAID INnRSECTION ,HAVING'
COORDINAJES NORTH 286.,619,64 AND EAST 1,751,015.65 IN TERMS OF THE
CALIFORNIA COORDINATE SYSTEM, ZONE 6; THENCE ALONG THE CENTERLINE OF SAID
POMERAOO ROAD WITH BEARINGS AND DISTANCES IN TERMS OF SAID COORDINATE
SYSTEM NORTH 00047'22" EAST, 1829.58 FEET;THENGE NORTH 00007'46" EAST,
2658,36 FEET; THENCE NORTH 0004S'48" EAST, ~505.j4 FEET; THENCE NORTH
DI01S'OS" EAST, 1918.90 FEET; THENCE NORTH CW03'50" EAST,955.47 FEET TO
THE BEG~NNING OF A TANGENT 1700,00 FOOT RADIUS C~RVE, CONCAVE EASTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
44025'03" A DISTANCE OF 1317,89 FEET:; THENCE TANGENT TO SAID CURVE NORTH
45028'53" EAST, 198.39 FEET TO THE 8EGINNING OF A tANGENT 2000.,00 FOOT
RADIUS CURVE, CONCAVE WES~TERLY ;T,HENCE NORTHERLY ,ALONG THE ARC OF SA I D
CURVE THROUGH A CENTRAL ANGLE OF- 40016'34" A DISTANCE OF 1405,90 FEET;
THENCE TANGENT TO SAID CURVE NORTH 05012'19" EAST, 792.94 FEET TO THE
BEGINNING OF A TANGENT 3000.00 FOOT RADIUS .CUR'VE, CONCAVE WESTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
3004'38" A DISTANCE OF 161.1~FEET; THENCE TANGENT TO SAID CURVE NORTH
02.07'41" EAST, 1953,09 FEET; THENCE NORTH 01023'41" EAST, 608~10 FEET TO
THE BEGINNING OF A TANGENT 3DOO.00 FOOT RAD}US ~URVE, CONCAVE WESTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
8026'29" A DiSTANCE OF 441.99 FEET; THENCE TANGENT TO SAID CURVE NORTH
7002' 48" WES T, 404.)5 FEE T TO THE BEGI NN niGQF -P. tANGENT 2500.00 FOOT
RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A C(NTRAL ANGLE OF 9042 '20" MORE OR LESS A DIiSJ ANCE OF
423.48 FEET MORE: OR L'E'SS TO A PO I NT IN THE RANCHO SAN BERNARDO BOUNDARY
LINE SAID POINT HAVINGc,rjORD,INAIES NORTH 304,825.49 AND EAST 1,752,479.69
SAID POINT BEING THE POINT OF TERMINUS.
E;XHI BIT '.,.,,"
1167786
PAGE,
6
~~.
(
I
lu
[u
,
0, ' 1 7 4 74t.
RESOLUTION NO. P-88-107.
A RE SOLUTI ON OF THE C lTY COUNC I L
Or. THE CITY OF PqWA( CALIFORNJA
APPROVINGCOND IT IONAL USE PERMIT 88-06
AND DEVELOPMENT REViEW 88-13
ASSESSOR'S PARCEL NUMBER 317.-521-04
WHEREAS, Condition~l Use Permit 88-06 and Development Review 88-13, sub-
mitted by the Dienes Company, applicant, requ~sts to construct a 67. unit senior
housing complex on the west side of Pomerado Road between Poway Road and
Robison Boulevard in the CO, zone; and
WHEREAS, on November 1, 1988, the City Council held a hearing on the above-
;ceferenced item. .
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Env,ironmental Findings:
The City Council finds that this project will not have a significant adverse
impact on the environment and hereby issues a Negative Declaration.
Section 2: Findings:
Conditional Use Permit 88-06
1. That the location, size,- design, and operating characteristics of the
proposed use will be compatible with and wi 11 not adversely affect or,
be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources, in that the project adjoins an
exi,sting commen:ial use on the south and vacant land on the west,
north, and east. and the project is designed to preserve and enhance
the existin9 watercourse that crosses the property.
2. That the harmony in scale, bulk, coverage, and density is consistent
wHh adjacent uses, in that the proposed build'ings are architecturally
compatible with surrounding development.
3~ That there are avail~ble public facili~i~s, services, and utilities.
4. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the projecJ is physically separated from '
single family residential uses on three sides and where it will adjoin
a future ,sing;le family subdivision" a wall and 30 foot setback with
landscaping will provide a buffer between the two uses;
5. That the generation of traffic will not adversely impact the
surrouDdi~g streets 'and/or the City's Ci,rcuJation Element, in that the
project will be required to construct road improvements which will
mitigate any impacts.
.
Q,--1748
.
/~
Resolution No. P-88-107.
Page 2
6. That the site is suitable for the type and intensity of use of develop-
ment which is. proposed, in that the property is level, with the excep-
tion of a streambed which will be preserved, and the site is an ideal
location in terms of proximity to commercial services and public
transportation. All development standards will be made through project
construction.
7.. That there will not be significant harmful effects upon environmental
quality and natural resources; in that the condHions of approval for
the project will mitigate impacts to a level of insignificance.
8. That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
r
9. That the proposed use, furthers goals of the City of Poway General Pl an
because'the General Plan designates seni:or housing as one of the con-
difionaluses allowable in the CO zone and the provision of senior
housing and low income housing will help address an existing housing
shortage in the community.
Development Review 88-13
1. That the proposeddeve 1 opment is in conformance with the Poway General
Plan, in that the General Plan designation Jor this site, CO, permits
senior housing, subject Jo approval of a conditional use permit.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally rel ated impact upon adjoi ni ng pro-
perties in that the proposed buildings are architecturally compatible
with surrounding res,idential and commercial developments, and the
required improvements will protect the health and safety of adjoining
properties.
3. That the proposed development is in compliance with the Zoning
Ordi nancein that all deve 1 opment standards will be met through project
constructi on.
4. That the ,proposed development encourages the orderly and harmon i ous
appearance of structures and property within the City in that the pro-
posed buildings will incorporate architectural details, materials, and
colors that will be complementary to, buildings in the surrounding area.
5. That the project qualifies to be allocated 67 units of sewer capacity
from the "Other" category as described by Ordinance No. 246 in that
Ordinance 246 does not provide another category in which this project
could be classified, and the project will be of benefit to the com-
munHy because it will provide ,senior housing where recent studies show
that a total of 606 senior Ilousing units will be needed to meet future
community demand.
.
Q..,l 749
.
f
Reso;1ution No. P-88-107.
Page 3
Section 3: City Council Decision:
The c{ty Counci 1 hereby approves Condftional Use Permit 88-06 and
Devel,opment Review 88-13 subject to the foll~wing conditions:
1. Within 3U days of approval: (1) The applicant shall submit in writing
that all condi,tions 'of approval have been read and understood; and (2)
the property owner shall execute a Covenant on Real Property.
2. All units in the project, with the exceptfo~ of the 'manager~s unit,
shall be rented only to persons 55 years of age or older,
3. Rents for the eight' units shall not exceed 30 percent of 80 percent'
median income for a one-person household as estaolished by HUD for the
San Diego Metropolitan Statistical ar,ea., Ren,ts for an adaitional four
un i ts shall not exceed 30 percent of 100' percent of medi an income for a
one-person household as established by HUD for the San Diego
Metropolit~n Stati'stical area. The "actual rental rate shall be deter-
mined by the San Diego County Department of Housing and Community
Devel,opment, or its designee, in accorda,nce with applicable federal
state or local po li c.i es and programs. They may be adj us ted to refl ect ;
changes in the rental market.
4. The developer sha.ll execute a contract with the County of San Diego
Department of Housing and Community Development which specifies how
rental rates for the affordable units shall be determined, and assures
that the 12 affordabJ,e units shall be occupi.ed by qualified lower
income households. This contract shall be executed prior to issuance
of grading andbu,ild'ing permits.
5 The developer, pursuant to the contractual "agreement mentioned in No.
3 above, will be responsible for. assuring that the reserved affordable
bonus' unit~ are,occup,ied by qualified lower inco'me households,
Certification of income for tenants shall take place only on their ini-
1;i,a:1 occupancy in the pr.oject. In the evefit; that lowelj income house-
holds are not available to, rent the units to the satisfaction of the
Department OfHo!lsing and Communfiy Development, the owner may rent the
units at the 'defined reasonable renta,l rate to the public at large. As
soon as a vacancy is anticipated, the Depar:tment of Housing and
Community Development or other entity acceptable to the County shall be
notifi'ed and the vacant unit shall be made available to income eligible
households as defined herein.
6. 'The' ,applicant shall obtain a streambed al teration permit from the
California Department of Fish and Game prior to issuance of building
permi ts .
.
0', 175'0
,
Resolution No. P~88-107.
Page 4
7. 'The hammerhead turnaround area adjacent to the pedestri an entry gate on
Pomerado Road shall be redesigned to make this paved area less inviting
as a parking, space and insure that it will be kept open for Fire
Department apparatus. The redesign shall be' subject to the approval of
the Directors of Safety and Planning Services.
8. The paving at the "dead end" of the two carport aisles shall be
extended to five feet in length as shown on Attachment 13 to provide
additional room for manuevering.
9. A minimum of three handicapped parking spaces shall be provided on
site.
10. The clubroom shall be accessible to the handicapped.
11. Each unit shall be provided with a hookup for washer and dryer.
Road Improvements
1. Pomerado Road a long ,the deve 1 opment 's frontage s hall be improved to the
City's Circulation Element - ~lajor Arterial Roadway Classification
Standards. I~provement shall includ~, but is not to be limited to,
widening the pavement roadway width to 80 feet (curb-to-curb
dimension), and construction of concrete ~urb, gutter, and 4.5 foot
wide sidewalk along' the westerly side ,of said road. Pavement struc-
tural section design shall be based on a traffic index of 9.0 or as may
be approved by the Director of Public Services and/or the City
Engineer. Sa,id pavement structural section shall be approved prior to
s tart of work.
2. A 1 andscaped median (s i mi 1 ar to the ex is ti ng med i an in Poway Road)
shall be constructed along the development's frontage on Pomerado Road and
extending beyond the northerly property line a sufficient distance to
safely preclud,e left turns onto and off of Pomerado Road.
3. A, bus bench and shelter shall be constructed on Pomerado Road in a
)~ocatj on acceptilb leto the Di rector of Community Services and the
County Trans,iit Depal'tment. The design of the shelter shall be subject
to approval of the Director of Community Services.
Drainage
1.
A hydrology calculation of the watercourse traversing the development
Shall be prepared and submitted to the Cjty's Public Services
Qepartment 'for review and approval. Said calculation shall include,
bu tis n'ot to be 1 i mited to, determinati on of the 100 year i nundat ion
1 i ne (fl oodp la in), the li mi ts of the 100 year fl oodway, and the 1 imits
of the, floodway fringe, all of which shall be based on the current San
Diego County Flood Control District Design and Procedure Manual
(Hydrology). Said watercourse shall be improved to the satisfaction of
the Director of Public Services and City Engineer.
[\..\"'-,",
"
....
I
.
9':] 751
.
r
Resolution No. P- 88-107.
Page 5
2.
A box cu 1 vert, qes i gned to carry a 100 year flood, or a bri dge shall be
constructed in 'that area of the above Jl1entioned watercourse where the
proposed roadway ,for access to the project is to be bu il t. The pes,i gn
of said tulvertshall be subject to reView and approval by the City's
Director of Public Services and City Engineer. Said culvert or bridge
shall be completed prior to issuance of a Certificate of Occupancy.
Safety Services
1. New fire hydrants shall be installed within the project area, meeting
f,i ty of Poway standards, 1 ocati ons to be, determined by the City Fire
Marshal.
2. Fi re ,apparatus access roadways to be cO,nstructedto Uniform Fi re Code
requi rements.
a. All roadways in excess of 150 feet shall be provided with provi-
sions for the turning around of fire apparatus.
b. Access roadways shall be provi ded to wi thin 150 feet of all
exteri or walls of newly constructed bui 1 dings.
3. A Knox security system override switch shall be 'provided on all automa-
tic entry gates.
,
4. All roofing materials shall be fire retardant per City Ordinance.
S. Fire lanes Shall be provided with appropriate curb markings and signs
as determined by the Department of Safety Services.
Miscellaneous
1. Any new on-site water or sewer mains shall have an easement dedicated
to the City Prior to ,issuance of a, Cerhficate of Occupancy. Said
easement shall be a minimum of 20 foot wide for each main. Any ea'se-
ment outslde of the project site that is necessary or said new water
and sewer mains' shall be dedicated to the City at the sole expense of
the developer. Off-site 'easements shall also be 20 foot wide minimum.
2. The applicant shall obtain a road and utility easement over the
northerly 30 feet of the 60 foot wi de easement along and conti guous
with the developments northerly property line. A copy of said ease-
ment, dUly recorded in the office of the San Diego County Recorder,
shall be furnished to the City's Public Services Department prior to
issuance of a gUrading permit.
I__
I"""
.....
.
0;'1752
.
I
Resolution No. P-88-107.
Page 6
3.
The southerly JLJ feet of the above menti oned 60 foot wi de easement
sha1l be vacated and a copy thereof of the vacation or quit claim deed,
auly recorded, 'shall be furnished to the City's Public Services
Department prior to issu~nce of a grading'pemit. The reason for the
vacation is the developer's intent to use this area for additional
parking.
4. Access to the prOject over the northerly 30 feet of the above 60 foot
wide easement shall be improved to the satisfaction of the Director of
Public Services, City Engineer, and the Fire Marshal.
5. The applicant shall submit a plot plan showing the TocaHons ,of existing
street lights along Pomerado Road within 500 feet from the limits of
the development.
Sai d plot plan sha,ll be submi tted concurrent with the fi rs t submi tta 1
for plan check of Po mer ado Road improvement plans to the City's Public
Services Department.
6. Any portion of the meandering sidewalk that will be built outside a
street right-of-way shall have an easement dedicated to the City prior
to issuance of a Certificate of Occupancy.
7. Additional street right-of-way for Pomerado Road widening shall be
dedicated to the City prior to issuance of a Certificate of Occupancy.
e. Construction of the project shall nor violate the terms of the existing
4LJ foot wiae slope ana drainage easement which is located along the
SOuthern property line or the terms of any other existing easement on
the site unless easements have been vacated prior to the start of
construction.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A, SITE DEVELOPMENT
1. Site sha 11 be deve l,oped in accordance with the approved site plans on fi 1 e
in the Pl ann'; ng Servi ces Department and the condi t,i,ons conta i ned herei n.
Minor alterations to site plan may be approved by the Director of Planni,ng
Services.
2. Revi.sed site plans and building elevations incorporating all conditions of
approval sha,ll be submitted to the Planning Services Department prior to
issuance' of building permits.
3. Approval of this re~uest shall not waive compliance with all sections of the
Zoning Development Code and all other appncab'le City Ordinances in effect
at the time of building permit issuance.
"
.
Qe'~1753
.
"
Resolution No. P- 88-107.
Page 7.
4. Trash receptacle shall :be enclosed by a six 'foot high masonry wall wlth view-
obstructing gates pursuant to City standards. Location shall be subject to '
approval by the Planning Services Department.
.5'. Al,l roof appurtenCinces,including air conditioners, shall be architectura.lly
integrated, shielded from v,iew 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. Th'e applicant shall comply with the latest adopted Uniform BuiTding Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code', and all other appl icable codes and ordinances in effect
at the time of buiiding permit issuance.
8. Prior to deliverY of combustible buildinginaterials on site, water and sewer
systems shall satisfactorily pass all required tests and be connected to the
public water and sewer systems. In addition, the, first lift of asphalt
paving shall be in place to provide adequate, permanent access for emergency
vehicles. The final lift of asphalt shall not, be installed until all other
construction activity has been substantially completed to the satisfaction
of the City.
9. For a new residential dwelling unit(s), the app'licant shall pay development
fees at the estab.lish~d rate. Such fees may include, but not be limited to:
Permit and Plan Check,ing Fees, School Fees (in accordance with City-adopted
policy and/or ordinance), Water ano Sewer Service Fees. These fees shall be
paid prior to building permit issuance.
10. Building identification and/or addresses shall be placed on all new and
existing build~ng~ so fts to be plainly visible from the street or access
road; color of identification and/or addresses shall contrast with their
,bCickground, co 1 ~r.
B. PARKING AND VEHICULAR ACCESS
All open parking spaces shall be double striped. Garages may be provided in
lieu of carports under the direction of the Planning Services Department.
,C. LANDSCAP I NG
1. A detailed landsCape and irrigation plan shall be submitted to and approved
by the Planning Services Department prior to the issuance of building per-
mits.
.
Q1754
.
i
Resolution No. P-38-107
Page 8
2. A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits and
pri~r to grading, to determine which trees can be retained.
3. The ,existing on~site trees shall be retained, wherever possible and shall be
trimmed and/or topped. Dead, decayi ng or potentially dangerous trees shall
be approved for removal at the discretion of the Planning Services
Department durjng the review of the Master Plan of existing on-site trees.
Those trees which are approved for removal shall be replaced on a tree-for-
tree basis as required by the Planning Services Department.
4. Street trees, a minimum of 15 gallon size or larger, shall be instailed in
accorDance wi th the City of Poway Ord i nance and sha 11 be planted at an
average. of every 3Ufeet on interior streets and 20 feet on exterior
streets.
5. A mi n i mum of 50 trees per gross acre, compri sed of the fo 11 owi ng 5 i zes ,
sha 11 be prov'i ded withi n the deve 1 opment; 20% - 24" box or 1 arger, 70% - 15
gallon, and 10% - S gallon to the satisfaction of the Director of Planning
Services and in accor:dance with the approved landscape plan.
6. All landscaped areas shall be maintained in a healthy and thriving con-
dition, free from weeds, trash, and debris.
D. SIGNS
Any signs proposed' for this development shall be designed and approved in
conformance with the Sign Ordinance.
E. RECREATION
The developer shall pay the Park Fee at the established rate at the date of
final inspection, or the date of the certificate of occupancy, whichever
occurs later.
F. EXISTING STRUCTURES - NONE
G. ADDITIONAL APPROVALS REQUIRED
1. Working drawings shall include a certification by a recognized acoustical
expert that the requirements of the City of Poway's noise ordinance will be
met. I
li(
"
2. At the completion of construction, and prior to occupancy, interior and
exteri or CNEL sha 11 be determi ned by fi e 1 d tes t i ng at deve 1 opel" 's expense.
Tests to be ,conducted by a recognized acoustical expert. No occupancy per-
mits shall be granted until Condition G-7. is met to the satisfaction of the
Building Code (latest adopted edition) "Sound Transmission Control."
.
9:j 7 5 5
.
Resolution No. P- 88-107.
Page g
APPLICANT SHALL CONTAC~ THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
H', GRAD ING
1. Graoing of the subject property shall be in accordance with the Uniform
Building Code, Ci,ty Grading Ordinance, approved grading plan and geotech-
nical report, and accepted grading practices.
2. The grading plan shall contain a certificate signed by a registered civil
engineer that the grading plan has preserved a ~inimum of 100 square feet of
solar access for each group of' dwelling units.
3. A sons report sha 11 be prepared by a qual i fi ed engi neer 1 i censed by the
State of California to perform such work at first submittal of a grading
plan.
4. A geo logi cal re'portsha 11 be prepared by a qual i fi ed engi neer or geol ogi s t
and submitted at the time of application for grading plan check.
5. The final grading plan shall be subject to revi,ew and approval by the
Planning Service's and Public Services Department and shall be completed
prior to recordation: of the final subdivision map or issuance of building
permit, whichever comes first.
6. A pre-blast survey of surrounding property shall be conducted to the satis-
faction of the City En,g'ineer prior to any , rock blasting. Seismic recordings
shall be takenforall blasting and blasting shall occur only at locations
and levels approved by the City Engineer.
I. STREETS AND SIDEWALKS
1. All Circulation Element roads shall be dedicated and improved to Circulation
Element roao standards an~ to the specifications of the Director of Public
Services.
2. Sidewalks 4.5 feet in width shall be required on one side of Pomerado Road
(~est side).
3. Street striping and signing shall be installed to the satisfaction of the
Director of Public Ser'vices.
A. Al,l street structural sections shall be submitted to, and approved by the
Dlrector of Public Services.
I'
['
5. Street improvement plans prepared on standard size sheets by a Registered
Civil Engineer shall b~ submitted for approval by the Director of Public
Services. Plan check and inspection expenses shall be paid by the deve-
loper.
.',
Q 1756
.
"
!
Resolution No. P-88-107
Page 10
6. Street improvements that include, but are not limited to:
X a. Sidewalks e. Cross gutter
X b. Driveways f. All ey gutter
X c,' Wheel chair ramps X g. Street paving
X d. Curb and gutter h. A 11 ey pa.ving
shall De ccinstructedprior to the occupancy of the units to the satisfaction
of the Directoro'f Public Services. However, improvement plans shall be
approved and securities posted with the City's Public Services Department
prior to building permit issuance.
7. All damaged off-site public works facilities, including parkway trees, shan
be repai-red or replaced prior to exoneration of bonds and improvements, to
the satisfac,tion of the Department of Public Services.
8. Pri,Or, to any work be5ng, performed in the publ ic right-of-way, a publ ic works
permit sha 11 be obtai ned from the Pub li c Servi ces offi ce and appropri ate
fees paid, in addition to any other permits required.
9. The developer shall pay the Traffic Mitigation Fee at the established rate
at the date the final inspection or the date the certi ficate of occupancy is
issued, whichever occurs later; but a security deposit must be posted with
the City"s Public Services Department pri'or to building permit issuance.
J. DRAINAGE AND FLOOD CONTROL
1. Intersection dra,ins \vi II be required at locations specified by the Director
of PUblic Services ana in accordance with standard engineering practices,
2. A drainage system capable of handling and disposing of all surface water
originating within the subdivision, and an surface waters that may flow
onto the subdivision from adjacent lands, shall be required. Said drainage
system shall inc,lude any easements and structures as required by the
Director of Publi~ Services to properly handle the drainage.
J. Portland cement ,concrete cross gutters shall be installed where water
crosses the roadways.
4. The Master Plan of Dr,ainage Fee shall be paid at the established rate in
accordance with the Drainage Ordinance at the' date of final inspection or
at the date the certificate of ocCupancy is issued, whichever occurs later;
but a security depOSit must be posted with the City's Public Services
Department prior to building permit issuance.
5. Concentrated flows across driveways and/or sidewalks shall not be permitted.
"
.
Q 1757
.
Resolution No. P-88-107.
Page 11
K. UTILITIES
1. AHproposed util i ties wi thi.n the proj ect shall b'e i nsta 11 ed underground
including existing utilities along Circulation Element roads and/or hi'gh-
,ways less than 34.5 KV.
2. Utility easements shall 'be provided to the ,specification of the serving uti-
lity companies and the Director of Public Services.
3. The dev~loper shall be responsible for the relocation and undergrounding of
existing public utilities, as required.
4. Water, sewer, and fire protection systems plans shall be designed apd
constructed to meet 'requirements of the City of Poway and the Health
Department of the Gounty of San Diego.
5. Pri or to acceptance .of property for sewer servi ce, annexati on to the sewer
improvement area shall occur.
6. TIle app,licant sha,ll pay for a Ivater 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 upon demand by the City.
7. The appl icant silall, within 3U days after receiving approval of the con-
ditional use permit and or development review, apply for a Letter of
Availability (LOA.) to reserve se'.-Ierage availability and post w,ith the City,
a nonrefundable reservation fee equal to 20% of the appropriate sewerage
connection fee i,n effect at the time the LOA is issued.
8. Developer shall construct a light system conforming to City of Poway
Standards at no cost t~ the public, subject to the following:
a. Cut-off lurrJinaries shall be installed which will provide true 90 degree
cutof.f and prey~nt, ~rojection of light above the horizontal from the
l'owes t poi nt of the 1 amp or 1 i ght emi tti ng refractor or devi ce,.
b,. All ,fi,xtures shall use a clear, low pressure sodium vapor light
sou rce.
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 ann,exahon shall be accompl ished at the time of final inspection or
certificate of occupancy, whichever occurs first.
. .
.
.
,"
Q'175'8
r
Resolution No. P-S8-107.
Page 12
9. Cable' television services shall be provided and installed underground,. The
developer shall notify the Cable company when trenching for utilities is to
be accomplished.
L. GENERAL REQUIREMENTS AND APPROVALS
The conditional use permit and development review approval shall expire on
November 1, 1989, unless an application for time extension is received 60
days prior to expiration.
APPROVED and ADOPTED by the Ci ty Council of the City of Poway, State of
California, thi.s 1st 'day of November, 1988.
ATTEST:
"'~(), ", i/ ,,'l L ,'r-
::1 ) {J_....~~lA.,c.... f-. !/.' C, l,_~ '-i.,.......
Marjorle K. Wahlsten, Clty Clerk
'--
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
I, Marjorie K. Wah,lsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. P-88-107. ,was
duly adopted by the City Council at a meeting of ,said Ci,ty Counc,il held on the
1st day of NiJvember ,1988, and that it was so adopted by the following
'vote:'
AYES:
NOES:
BRANNON, HIGGINSON, KRUSE, TARlY, EMERY
NONE
ABSTAIN: NONE
ABSENT: NONE
'----r' U,v\~ K' ~) IJ~l>, L
MarjOrle K. Wah sten, Clty C er
R/R-ll-l,lO-21 City of Poway
,,-