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Covenant Regarding Real Property 1988-622788 " ,^ ;{;1 i~:; , ,; ..:'" ...."t, " ""--" '~ '. . , io'iJ- de 7~~ 8,8 .:'Z,~2;~ld8\8 , ,REGORD'ING REQUESJ BY: CITY OFPOWA Y. WREN RECORDED MAr L TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 017~24 ) ) ) l: ) ) ) ). ) ) ) ) f~V1~ G" l=.=:~OP[,I:r-:"!J -p..1 -.., ,,~~ " '., ." I c';"'" r~'.-\'t .,"!'J,'.'....r:' n:- O.,l.l.:.!'r".'-.,r._"',.....,n.~:; . - ,t" . "-" ',""', ." '-'-' ~ l OF ~,4!-"D~;.:.I~tJ,Ci:j;-,h; r;.(;t-.... aSDEC .;5AH II: 30 I 'VE' ~i' I L"('L'E'~ f 1.........._., -, . L CGU~TY ~r~[,CuROER_ No Transfer Tax Due nhis space for Recorder's use) COVENANT REGARDING REAL P~OPERTY First Church of Christ Scientist Poway-Rancho Bernardo ("OWNER" hereinaf- ter') its' the oliner' of re'al property describ'ed in Exhibit ,A which. is' attached' hereto and made a part hereof and which is comm9n1jknown' as Assessor's Parce,l Number 275-510-12 ("PROPERTY" hereinafter). In con,sjcieration of the apPFova,] oJ Condi tional Use Permit 88-14 and, Development Rev"i:E;,W .88-17 by theGJty 9f ,Poway ("CITY" hereinafter)" OWNER helCeby covenants ,and';agr;ees for the bene'fit of the CITY, to abide by conditions of the attached reisohitiori (Exhibit B'). ,.., ~' This Covenant, shall run w;th.-the land and be bind.ing upon and inure to the benefit, of the future, owners ,encumbrancers, successors, hei rs, .personal representatives, transferees' and, assigns of the respective parties, OWNER agrees that OWNER"s duties and obligations 'under this Covenant are a li en upon the Property. If either partyi,; reqiJi,red to .incur costs to enforce .the PrOYlsl.onsof this Covenant, the prevailing p:artY'shall be entitled to 'full reimbursement of all costs ,i nci udi ng reasona,bl e ,attorneys' fees, from the other party. The CITY may assign to persons impac,ted by the performance of this Covenant the right;to enforce this Covenant against OWNER./? .h/ /?I . c/' .L?P',',n _/ r '-f::V~ /y, o<~~~/~.~ ~ ~ ~r Cu....jO, ~, Qatep: ' 1(;43/9 ''is' , / OWNER (Notarize) Dated: 0rJUdJiV~ /CjgR CITY OF POWAY ,~~-'V:~" " 7?J^6.- ./CxJ.: ^;'ft~f/J u o..Q;i!)!.",,-- 1"'" ;::";,~'....-;,- By' , &5 '- - ' /-d2u..-Oy;;tJ!,J./v ~o 'nee:to'5~~~ \ ~>..,.::::-...;~;?;';) '.....:.,.' :. -:-. i""- --:-.~. '. ". ',/.#"j.. "" ..~ .............,0 -:;_~ , ,~ ... .:.. ~: :z ;;: . /":""=' :::: i ..__.-~,;> r.::-::::. '. ~ ~ ....... .-;. ". - . ~ ....--~...,---t"---~...:":'":' ~proved to me on the basis of satisfactory evidence to be the person{s) whose name(s) ('?Afi', subscribed to the within instrument, and acknowledged that ~~ executed it. WITNESS my hand and official seal. NoGf~~i~~70:~~ * * * * * * * * * * * * * * * * * * * * * *-* * * * * * * * * * * *.* * * * * * * . GENERAL ACKNOWLEDGMENT , * * * ***** " * ,- '* ~....* . '',"'!''.It . I . .-* '{ " r~~:~~<~i(':l~I:s8~[~~\.. )1 .:,:', ~(:\T~!CI/_> .;:;.:"::~n;:~.~~:~?~ ~ ',! ] r!',):;~f.1'; PVc.'.:'_' '--''',d. ",.IJ,A ~ : ~=-~L_~~'y.,~~~:~:L;:21'E~',,:.~d * * * ~,~ * I * :,1 * * * * * * . ',', \12'5 * * * ~:~ * * * * * * * * * * * * * * * * * * * * * * * * * ~ On thi s the d3Ad day of 7tmJe?ntVh) 19 ff. before me, S 5 .-----;} , (7 'f11.-IrtO':; .'.::>ue )JP~oAJ the undersigned Notary Public. personally appeared 0r".;- II. m Lauyh /,'"j f .s;~ \.MA:Je /-Ios/er, [] personally known to me _".'/\" I -..'.- .' . .' " '-' ... .' / I , ~ I 1 ) DESCRIPTION O' 1726 · . " Thai: portion of Loi: 4 of Fractional section 26, Township 13 Sou'th, Range 2 Wes,t, San Bernardino Mer,idian, County of San Diego, s.tate of California, according to Ul1i ted States Government Survey approved April 22, 18~6, described as follows: Beginning at the intersection of the southerly line of said Fractional Section 26, with the Easterly boundary of Rancho San Bernardo as said intersection is shown on Map of valle verde Estates, Un'it No.1, according to Map, thereof No. 4185, recorded in the Office 'of the Recorder of said San Diego COUl1ty, thence Northerly along the Easterly boundary of said Rancho S~n Bernardo, No~th 13"15'43" East, 660.00 feet to the mos~ Northeriy c~rner of that certain parcel'of land described in deed recqrded April 10, 1964, in the office of the Recorder of said 'San Diego County as Document No., 15121, said corner being also, the TRUE POINT OF BEGINNING; thence continuing along ~aidEasterly boundar:y of Rancho San Bernardo, North 13"15'43" East, 488.05 feet, more or less, to the Southwesterly, corne'r of said valle verde Estates Unit No. 1; thence .alongthe.,,southwesterly boundary of said Valle verde Estates Unit No.1, South 520.26 i 57" East, 419,.70 feet to the most southerly corner of Lot 18 of said valle verde Estates, Unit No.1; thence leaving said boundary, South 41014'30" west,' 450.59. feet to a point on the Northeasterly line of that parcel of land described in said Document No. 65121 which point l.ies South 51"00' East, 190.00 feet from the TRUE POINT OF BEGINNING; thence along said Northeasterly. line, North 51"00'00" west, 190.00 feet to the TRUE POINT OF BEGINNING. ' ; ~ eXHIBIT A ,11 , " " ie O:~27 r RESOLUTION NO, P-88-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 88-14 AND DEVELOPMENT REVIEW 88-17 ASSESSOR" S PARCEL NUMBER 275-510-12 WHEREAS, Conditional Use Permit 88-14 and Development Review 88-17, sub- mitted by First Church of Christ Scientist, applicant, requests appl"oval of a master plan for the existing church property to include the construction of a new 6,760 square foot sanctuary and a remodeling of the existing church buildings located at 16135 Pomerado Road in the RR-C zone; and WHEREAS, on November 1, 1988, the City Council held a hearing on the above- referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows,: Section 1: Environ~ental Findings: The City Council finds, that this project will nOl: have a significant adverse impact on the environment and hereby issue,S a Negative :Declaral:ion witi;l. mitigation measures as contained in the conditions of approval, .Section 2: F,indings: Conditional Use Permit 88-14 ,~) 1. That the locat.ion, size, design, and operating characteristics of the, proposed use will be compatible with and wjll not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources. The First Church of Christ Scientist has operated ~t ihis location for many years in a manner compatible with surrounding residential neighborhood. The new building will observe a minimum 50 foot setback from the residential uses to reduce impacts. 2, That the scale, bulk, coverage, ahd density is consistent with adjacent uses, in that all development standards of the Zoning Development Code are met. The project will meet the applicable property development standards for off-street parking, setbacks, lot coverage, and building neight. 3. That there are available public facilities, services, and utilities to serve the proposed use as all facilities, and services can be provided for through the conditions of approval. 4. That there will not be a harmful effect upon desirable neighborhood cnaracteristics, in that the required wood fence and dense landscaping along the property lines will buffer the project from adjacent residen- ti al structures and uses. .' . "1'72 B r Reso.lution No.P-88-108 Page 2 5. That thegenerat) on of traffic wi 11 not 'adversely impact the surrounding 'str:eetsand/or the City's Circulation Element in that a condition .of approval will requir.ethe payment of Traffic MHigation Fees and fhe constructi on of improvementS'cl'long Pomer'ado Road. 6. That the sHe is suitable for the type and intensity of useand'deve- lopment prop()sed in that the site is gen,Uy s,lop.ing and is loca.ted in a residenticalneighborhood that can use .its services and buildings. 7, That there will not be significant ha'rmful effects upon the environmen- tal qual ity and natural resources. That therear~ no o,ther relevant negative impacts of the proposed use that cannot be mitigated. 9. That the impacts,. as described above" ana the.' location of theprop,osed use w.i 11 not adv'erseljaffectthe City of floway Genera) Pian for future as well as pres,ent de,velopment. 8. I Development RevIew:88-17 " 1. That 'the prop.()sgd, development is in con,formance with the Poway General Plan, in that,~he c;eneral Plan encourages uses,like churches, that are supportive to reSidential uses. ,. I I , 2. That the proposed. deve.lopment will not. have an adverse aesthetic , heal th, safety', or architecturally rel~{ed impact upon adjoining pro- , perties~ as noted under the findings in the preceding section, 3. That the proposeddev.e 1 opment is i ncomp,licancewith the Zoning Ordinance,in that all development standards will be met in development of the project, 4. The proposed deve.lopment encourages the or<jerlyand harmon.i ous appearifnc'e of structures and propertywith\n the City because it comp 1 i es' with the ,desi gn gu i delfnes of the General Pl an and proposes buildfn'gs that are similar in size andarchi,tectural style to other churches and residences in the City. 5. That the project is a new 1 O'cated,in'the RR_C zone. from .the "Other Projects" tile foll owi ng benefi ts to sanctuary nor sem.i-pubHc use :and wi 1'1 be The project' qua]'ffies for, s'ewer ,allocation category per70rd'inance No. 246 byprovi ding the communitY: a. flublic improvements to PomeradoRoad inpludin9 extension of a ra,ised conc,rete me,dian, cueb, gutter, s.idewalk and community trail on the east side, and drainage improvements. .I?:X ~ ~72'9 '[ Resolution No, P~88-108 .I<age 3 Upgrading the pr.operty through remode,l ing of the existing church buildings, construction of the new sanCtuary, and installation of landscaping, c, The proposed project wi 11 provide support to the community by pro- viding spiritual' assistance and SundaY school facilities to the general public. b, Section 3: City Council Decision: Conditional Use Permit 88-14 and Development Review 88-17 for which plans are on fil,e' in the PI anning Services Department, are hereby approved subject to the following conditions: Within 30 days of approval: (I) The all conditions o.fapproval have been perty owner shall execute a Covenant app 1 i cant shall submit in writi n'g that read and understood; and (2) the pro- on Real Property. Street Improvements " L Remove and replace existing A,C, berm and A.C. sidewalk along the easterly side of Pomerado Road contiguous with the project's frontage with concrete curb, gutter, and 4.5 foot wide sidewalk. " 2, A raised concrete median shall be constructed, along the project's frontage, on Pomerado Road, 3. All street improvements hereinbefore mentioned shall be completed prior to issuance of a Certificate of Occupancy. 4. Other street improvements along the proje~t's frontage but within City of San Diego shall also be completed prior to issuance of a Certificate of Occupancy. Said improvement shall include, but is not to be limited to, driveway ,apprO'ach construction, repair of concrete curb', gutter, and sidewalk. Prior to start of work within City of San Diego's por- ti on of Pomerado Road, a permi t shall be obta i ned and a copy thereof Shall 'be provided to City of Poway's Public Services Department. Drai nage L The drainage watercourse along the project's. northerlypr()perty 1 i ne shall be improved to the satisfaction of the Direc'tor of Public Servi ces and Ci ty Engi neeI'. Improvement stia 11 be des igned to ade- quately handle a 100 year design rainfall intensity based on the most current County of San Diego's Hydrology Manual. A detailed hydrau Ii c /hydrol ogy ana lys i s shalla 1 so be submi tted to the City' s Public Services Department for review and approval. fJ ~:i7 30 [ Resoluti on No,. p~ 88-108 Page 4 2. Said drainage improvement shall becompJeted prior to 'issuance of a Certificate of Occupancy. Water Provi de on-s,i te waterdfstributi on mai,n extensi on through north park inglot; for fire hydrant and: (ire sprinkler services. Sewer There is no sewer service available in Pomerado Road. The closest sewer conuect1,onpo}ntisJl,ve_n.tda la Valencia and Camino D,el Valle intersection. Jl, sewer::main or late~ai shall be extended to the City sewer system to handle the project sewage, flows to the satisfaction bf .the City Engineer. SafetyServi ces 1. AnY' bu{l'di ng .constructedgreater than 5,000 square feet or having an oCcupant loadgl"eate'r than 100 (Occupimcy Classification A-3) shall be provided wHh an au'tomatic fire sprinkler system meeting NFPA #13,..stan- dards and City of Poway requirements. 2. A new on-site fHe hydrant shall be instaned. Location to be deter- mined by the City Fire Marshal. 3. Address shall be placed on the buildings aDd the proposed monument sign , Addr:ess,'oD.~he sign shall be s,i zed to. be v,i sib le from Pomerado Road (minimum heigh'tsix inches). The address shallal,so be painted on the roof of one\~.uijding meeting Oepar,tment"of Safety Services standard for County SherHf's Oepartmen t As tre:a O,iv is i on. 4. Roof of neW' buildings shall be construCted of a fire retardant roofing materfill. 5. Designated fi're: lanes shall be pr:ovided wfth app,ropriate curb markings and signs as determined by the Department of Safety Services. 6. A "K,no)( Box" 'security system shall be provided, ,meeting .Depar:tment of Safety Service ,requirements. 7.. FiXe apparatus'access roadways sha,ll be prov:ided to wi th,i n' 150 'feet of all exterior, walls Of each struCture. All ,roadwaYsin,ex'cess of 150 feet shall beprov'ided wi'th prov'fs"ions for the turn,ing around ,of fire apparatus. Miscellaneous 1. Any extension ,of publi,c utility lines, i.e., water, sewer, and drainage lines whi~h are to be constructed as a result of this development shall It _:'1731 f Resolution No. P-88~108 Page 5 have an easement, a be' dedi cated to the Occupancy. minimum width of 20 feet wide for each line, shall City of Poway prior to issuance of a CertHicate of 2. The applicant/developer shall furnish the City's Public Services Department a plot plan showing the locations of existing street lights along Pomerado Road within a 500 foot radius from the projeCt's outside boundary. Said plot plan is to facilitate the City to determine the locations of new street lights, H any, to be i,nstalled by said appl i'cant/developer and shall be submitted concurrent with the first submittal of Pomerado Road improvement plans. 3. Any appurtenant structure of the drainage, improvement hereinbefore men- tioned that lies within City of San Diego shall have an easement dedi- cated to said CUy. The dedication is subject to said City's acceptance and the appiicant/developer s'hall furnish the City of Poway's Publ ic Services Department wi'th a copy of the recorded easement document prior to issuance of a Certificate of OcCupancy,. If other- wi se ,an easement is not needed by City of San Diego, a statement....to this effect shalJ be provided to the City's Public Services Department. 4. A sol id wood fence, six feet in height, Shall be constructed along the proJect's northern and eastern property lines,. The existing wooden fence along the eas tern 'property 1 i ne shall lie repl aced or repa ired. The condition of the fence shall be evaluated prior to issuance of building permi"ts 'and the fence installed or repaired prior to occu- pancy. 5. Fifteen (15) gallon trees, planted 20 feet on center, shall be instaned along the northern and easterly property lines. 6. Landscap,ing in toe driveway median shall be species which do not exceed three and one-half feet in height at maturity, in order to maintain vi sibi 1 ity. 7.. In order to provide adequate viSibility to Pomerado Road, the landscaped island on the most southerly driveway shall not extend beyond the property 1 i ne on P,omerado Road. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWiNG COND IHONS: 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. . ,--1732 Resol uti on No. p_88-108 Page 6 2. Revised s,ite plans and building elevations intorporating all condit1.ons of approval sha) 1 be 'submitted to the Planning Services Department prio'r to issuance of building permits. 3. Approval of this reques,t shall not waive compliance with all sectionso'f the Zoning Deve,lopment,' C.ode and all otherappl icable Gity Ordinances in effect, at the time of building permit issuance. 4. Trash receptac le sha;ll be enc 1 osed by a 'si x foot high masonry Iva 11 Ivith vi ew- obstructing gates pursuant to City standards. Locati on shall be sUbject to approval by the Planning Services Department, 5. All roof appurtenaD~.es, including air condi.tioners', shall be architecturally integrated" Shielded fr,om vi'ew and sound 'buffered from adjacent properties and streets as required by the Planning Services Department. 6. Prior to a,ny u~e9f'the., project site or business activity being commenced tilereon, all ~onditions' Of approval contained herein shall be completed to the satisfactionof'the Director of Plann,ing Services. " 7. The appliCant shall comply with the latest adopted, Unifor:m Building Code, Uniform Mechanical Code" Uniform Plumbing Code, National Electric Code, Uniform Fire Code, aDd all other applicabl~ codes and ordinances in effect at the time of building permi,t issuance. 8. Prior to delivery Of combustible building mate,ri}alson site, water and sewer systems shall sahsfactorily pass all requ,ired'tests and be connected to the public water and ~ewe~ systems. In addiiion. the ftrst lifto~ asphalt pavi ngshall be in place to provide adequate, permanent access for emergency vehicles. Thefina.l lift of asphaltshal'l 'not be installed until all other construction activity has been substantially completed to the satisfaction of the (i ty . ,9. Thisappr'ovirl shall become null and void if"buiirding permits are not issUed for this project within one year from the date of project approval. 10. Bu.ild,ing identification and/oraddres,ses 'shall be placed on all new and exiSting buildthgs ,so as, .to be pTainly visfble from the street or access road; color ofidentifkat,ion and/or addresses shall contrast wi th thei c background color. B. PARKING AND VEHICULAR ACCESS 1.A 1,1 park i ng lot 1 and scapi ng sha 11 cons,is t" of a mln 1 mum of one fifteen (15) gall on size tree for ev~ry, three park i ng 'spaces, Forparkoinglot i sl ands, a miniinum:12 inch wide walk adjacent to parking stalls shall be provided and be sep,arated' from ve icular areas by a six inCh high, six inch wide portland concrete cement curb ng. f f"" , " _r7:n Resolution No. p-88-108 Page 7. " 2. Parking jot lights shall be low pressure sodium and have a maximum height of eight~en (18) feet from the finished grade of the parking surface and be di rected away from all property 1 i nes, adjacent streets and res idences. 3. All two-way traffic aisles shall be a minimum of 24 feet wide and emergency access shall be provided, maintained free and clear, a minimum of 24 feet wide at all times during construction in accordance with Safety Services Department requirements. 4. All parking spaces shall be double striped. C. LANDSCAPING 1. A detailed landscape and irrigation plan shall be submitted to and approved by the Public Services Department and Planning Services Department prior to the issuance of building permits. 2. A Master Plan of the,ex,isting on-site trees shall be provided, to the Planning Services Department prior to the issuance of building permits and prior to grading, to determine which trees shall be retained. .... 3. Existing on-site trees shall be retai,ned wherever possible and shall be trimmed and/or toppe~. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the, Planning Services Department during tne review ~f 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 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. 5. All landscaped areas shall be maintained in a healthy and thriving con- dition, free from weeds, trash, and debris. D. SIGNS Any signs proposeQ for this deyelopment shall be designed and approved in conformance with the Sign Ordi'nance. E. RECREATION 1. The developer shall improve the eques tri an/pedes tri an trai 1 system in accor- dance with the adopted si~n standards and to the satisfaction of the Directors of Public and Planning Services prior to building permit issuance. 2. Dedicate the Master planned equestrian/pedestrian trails to the satisfaction of the Directors of the Departments of Public and Planning Services in accordance with the Master Plan of Trails Element. r.: r [ , t 1'73'4 Resolution No. P-88-108 Page 8 F. EXISTING STRUCTURES 1. Provide cornpliancewitl1 the Uniform Building Code for property line clear- ances considering use, area and fire-resistiveness of existing buildings. 2. Existing buildings shall be mace to comply with current building and zoning regulations for the intended use. 3. Existing sewage disposal facilities shall be rem(Jved, fined and/or capped to comply with appropriate grading practices and the Uniform Plumbing Code. Go, ADDITIONAL APPROVAL:S REQUIRED 1. This Conditional Use Permtt is granted for a Reriod of 12 months at the end of which time the City Counci 1 may add orde,lete conditions, or revoke the Conditional Use Permit. 2. Working drawings shan inc.];ude a certificatidn,by a recognized acoustical expert that the requirements of the City of' poway's noise ordinance Ivill be met. / 3. At the completion of construction, and prior to occupancy, interior and exteri or CNEL shall be determi ned by fi e 1 d tes,U ng at deve 1 oper 's expen se. Tests to be conducted by a rec.ognized 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." 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 shan be prepared by a qualified engineer licensed by the State of California to perform such work at first submi'ttal of a grading pl an,. 3. A geological report shall be prepared by a qualified engineer or geologist and, submitted at the time of application for grading plan check. 4. The final grading plan sha11 be subject to review and approval by the Planning Services and Public Services Department and shall be completed prior to recordation of the final subdivision map or issuance of building permit, whichever comes first. < ,~ f " . " f.1Z.l5 Reso,l ution No,. P- 88-108 Page 9 ~. A pre-bla'st survey. of surrounding propenysl1all be conducted to the sati,s- faction of the 'Ci ty Eng ineer pricor to any rock b,lasti ng. ,Sei'smt,crecord i ngs shall be taken for all blasting and blasting shall occur ~nly at lOcatioWs and level s'approved by the City Engineer. I. STREETS AND SIDEWALKS 1. All Circulation Element roads shall be dedicated and improved to Circulation Element road standards and to the specifications of the Director of Publ ic Services. 2. 'Concr'ete 'sidewalks 4.,5i'eet in width shall be required on one side of Pomerado Road - East side. 3. Street striping and s{gning, shall be installed 'fo the satisfaction of the Di rector of Publ i c' Servi ces. 4. All street structura,lsections shall be submitted to, and approved by the Director of Public Services. .... ~. Street improvement plahs ~repared on standard size sheets by a Registered Civil Engineer shal,J b'e subm'itted for approval by the' Director of Public Services, Plan check and inspection expenses shall be paid by the deve- loper. b. Sueet improvements tna,t incl ude, OUt are not 1 imi ted to: X a. Sidewalks X b. Driveways X c. Wheel ~hair ramps X d. Curb and g~fter ~. Cross gutter Alley gutter Street paving Alley paving -f. -Xg. h. shall be constr,ucted prior to the occupancy. of the new buildings to the satisfaction of the Director of Public Services. 7. All damageqoff-site public works facilit'ies, including parkway trees, shall be r:epai;red ,or repl aced pri,or to ex'oneration of bonds and improvements, to the sati'sfactiiJn of the Department of Publ ic Services. 8. Prior to anYlvork being performed in the, publ ic right~of-Vlay, a public works permit Shall be obtain,ed from the Publ ic Services office and appropriate fees paid, in addition to any other permits required, 9. The develo~er shall pay the Traffic Mitigation Fee at the established rate prior to building, permit issuance, t. .W736 f Resolution No. p_ 88-108 Page 10 J. DRAINAGE AND FLOOD CONTROL 1. A drainage system capable of handling and dispo~ing of all surface water originating within the development, and all surface waters that may flow' onto the development from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Public Services to properly handle. the drainage. 2. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 3. The Master Plan of Drainage Fee shall be paid at the established rate in accordance Ivi th the Dra i nage Ord i nance pri or 'to bu il ding permi t issuance. 4. Concentrated flows across driveways and/or sidewalks shall not be permitted. K. UTILITIES 1. All proposed uti 1 i ti eswi thi n the project shall bei n stall ed undergroul).d i~cluding existing utilities along Circulation Element roads and/or highways less than 34.5 KV: 2. Utility easements shal) be provided to the specification of the serving uti- lity companies and the Director of Public Services. 3. The applicant shall be responsible for the relocation and underyrounding ot existing public utilities, as required. 4. Water, sewer, and fire protection systems .plans shall be designed and constructed to meet requirements of the City of Poway and the Health Department of the County of San Diego. 5. Pri or to acceptance of property for sewer servi ce. annexat i on to the sewer improvement area shall occur. 6'. The applicant shall pay for a water system analysis to establish the proper s.ize and location for the public water system. The amount \~ill be determined by, the cost of the analysis and shall be paid, upon demand by the City, 7.. The appl icant shall, within 30 days after receiving approval of the con- ditional, use permit and ~evelopment review, a~ply for a Letter of Availability (LOA) to reserve sewerage a'vailability and post with the City, a nonrefundable res'ervation fee equal to 20% of the appropriate sewerage connection fee in effect at the time the LOA is issued. d. Developer Shall construct a light system conforming to City of Poway Stanaaros at no cost' to the public, subject to the following: Co , ,";.' r l ~ ,Q:::t7 _ Resolution No. P- 88-108 Page 11 a. Cut-off luminaries shall be insta.11ed which will provide, tr:ue 90 degree cutoff and prevent projection of light above the horizontal from the lowest point of the lamp or light emitt:ing 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. Annexatidn 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. Permits from other agencies will be required as foJlows: City of San Diego 2. The conditional Ose permit and development review approval shall expir~ on November 1, 1989 unless an application for ti,me extension is received 90 days pri or to expi ration in accordance wi th the City's Zon i ng Deve 1 opment Code. APPROVED and ADOPTED by the City Council, City of Poway, State of California, this 1st day of November, 1988. / Ro er C. ~,.- .. ATTEST: / 'la'1,A~ ~ JV'Y10t4...- MarjorIe K. Wahlsten, CIty C er