Covenant Regarding Real Property 1988-385218
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0763
CITY CLERK
CITY OF FUilAY
P.O. OOX 789
FUilAY, CA92064
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88 AUG -5 All 8: 40
I VEnt., I LYI t:_ I
L...':OUiiTY 1~-f:roRfJ~
RECORDING REJ;:1UEST BY:
CITY OF FUilAY
WHEN RECORDED MAIL 'ro:
No 'Transfer Tax Due
(This s ce for Recorder's use)
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rovENANr'REGARDING RFALPROpmry
Souther~ Ca~ifornia Baptist Convention ("CWNER" hereinafter) is the owner of
reaU.>ro~.$Y" des<;,!:i~ ~n Exhibit:- A which is at~ache?heret9_ andmc:de a 'part __ _ _
hereof and wlucn is cQlIm:mly known as l431S'Garden Road,-Poway, CahforOla--'---- --~
("PROPERTY" hereinafterJ. In, collsideration of 'the approval of Conditional Use
Permit 87-17 and DevelorXrent Review 87-20 by the City of' poway ("CITY"
hereinafter,), CWNER hereby covenants and agrees for the benefit of the CITY, to
abide by conditions of the attached resolution (EXhibit B)"
This Covenant shall 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.
CWNER, agrees that CWNER's duties and obligations under this Covenant are a
lien upon, the Property" Upon notice and opportunity to respond, the CITY may
add to the tax bill of CWNER any past due financial obligation owing to CITY BY
way of this Covenant.
If either party is ,required to incur, costs to enforce, the provlslOns of this
Cove~ant, the prevailing party shall be entitled to full reirnburserrent of all
costs, including reasoMble attorneys' fees, from the other party. 'nleCITY may
assign to persons impacted by the perfonnance of this Covenant the right to
enforce this Covenant against CWNER"
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Dated:
!f~;?-jY
CITY OF FUilAY
BY~W~
(No need to Notar ze)
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C:OOR-'6-28,l
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*0* *0754
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" CORPORATE ACKNOWLEDGMENT
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State of
California
On this the
S5,
21 st day of .1111 v
" .. 'Betty C Johnson
the undersigned Notary Public, personally
198.a..-, before me, *
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County of
Los ll,nQf' 1 p~
appeared
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Donald B Kennedy, Controller
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OU personally known to me
OU proved to me
be the person(s)
Cantra 11 f'r
therein named, and
executed it.
WITNESS my hand'l an
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Notary's
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on the basis of satisfactory evidence to
who executed the within instrument as
or on behalf of the corporation
acknowledged to me that the corporation *
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~~o".. OFFICIAL SEAL
'<V'''';' .,~ BETTY C. JOHNSON
:'~ ," Notary Public-California
; I!!> ~ LOS ANGELES COUNTY
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(>~,.io."\ My Comm. Exp. Mar. 1, 1991
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LEGAL DESCRIPTION
THE LAND REFERRED TO I~ ~IHS REPORT IS SITUATED IN THE. STATE OF
CALIFORNIA" COUNTY OF SAN DIEGO, AND Is DESCRIBED AS FOLLOWS:
THE WEST 330 FEET OF THE NORTH 330 FEET OF THE EAST HALF OF TilE WEST
HAD];' OF THE SOUTHEAST QUARTER OF SECTION 18 ;,TOWNSHIP 14 SOUTH ,
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE ,CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO U. S.
GOVERNMENT SURVEY APPROVED FEBRUARY 24, 1876.
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o 0766'
RESOLUTION NO., P-88-74
~ RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 87-17
AND DEVELOPMENT REVIEW 87-20
ASSESSOR'S PARCEL NUMBER 323-060-25
WHEREAS, Conditfonal Use Permit 87-17 and Development Review
87..,.'20; . submitted 'by pO\.1ay Baptist Church,applicant, requests
approvaJ ,of' a two phase' clevelopment plan that will. <;:onstr1,lct 'a 'flew
;sa.ric;tuary i fellowship hall ,arid educationbuildfng at 14315 Gataem
Road in the RS-7 zone; and,
" . ,~REAS,t,h~, Ise,wer::c:ap.aci,tY/~llo,C:<3tion p~ancontained iI?- '
,OraLnance' J:oJ:O' 246 dO,esnot isp,ec:rfically prov'Lde .sewer c:apac~,:!;y ,,:for,
.the subj:e.c!: proj,ect,'and would requitethilt the applicants obtafn
the 2.,55 EDUs, corita'ihed in the category Ordinance No. 246 designa-
tes as "Other ProJects"; and,
WHEREAS, Ordin~nc~No, 246 requires that certain findings be
made when sewer capClcity from the "Other Projects" category is
allocated to a project,
WHEREAS, on June 28, 1988, the City Council held a hearing on
the above-referenced item..
NQW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
The City Council ,ftnds that this:project will not ,have a signi-
ficant adverse impac:t on the environment and hereby issues a
Negat-ive Declara.tion with mitigation measures as contained in
the conditions of approval.
Section 2: Fin.din.qs:
Condl(f,lonai 'Use, Permt,t '8;7-17
1. That the location'" size", design, and operating charac-
teristics of the proposed use will be compatible with and
will not adversely af{ect or be materially detrimental to
adj;acent uses:,residen:ts, buildings, structures, or,
natural resources., poway Baptist Church has oper,aJed suc-
cessfully in thene;ighborh6od f6f, several ye;apsi3s ,evi-
,denced ,by the petition ;in support of the proj'ect shown
as Attachment 8 of the staff report dated J~ne 28, 1988.
The size and design of the new b,uildings will be, architec-
turally compatib):e with adjacent residential structures.
"EXHIBIT B"
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Resolution No, P-BB-74
,Page 2
The buildings are designed after ohe of the City's
historic churches (Corrununity Church). In addition, the
church su~ports heighborhood groups by providing meeting
rooms,
2.
That the scale~ bulk, coverage, and density is consistent
with adjacent uses, in that all development standa~d~'of
~he ,Zoning Development Code, are met. Thepr()jC?c~;wiJ.'+be
redesignC?~ so that thecfo'ssandthe steeple' conform to.
the existing 35 foot height limit. If the Council amends
this standard, the applicant may submit revised architec-
tura.l plaI)~.
3 ,
That' there are available public facili't,ies, services, and
utilities to serve the proposed use, alt facilities and
services can, be provided for each development phase
through 'the conditions of approval.
That ther~ will not be a harmful effect upon desirable
neighborhood!=haracteristics, in that the required wood
fence along the property line will buffer the project from
adjacent residential structures.
That the gener,ation of traffic will not adversely impact'
the surround:j.ng streetsand/dr the City's Circulation
Eil:ement in tha't a' condition of approval will require 30
minutes betw,eieh' services . This will reduce the traffic on
neighborhooa streets on Sundays,
4.
5.
6. That the site is ',suitable for the type and intensity of
use and development proposed in tha,t the site is basically
flat and is located in a residential neighborhood that can
use its servic_es and buildings.
7. That there w:j.~l not be significant harmful effects upon
the ehviroll[1lentaJ. qtIality' and hatural,res~ur<::es.
8 . That there are no d.ther relevari'tnegative impacts of the
proposed use that cann6tbe mitigated.
9. That the impac.ts" as described above, and the location of'
the proposed use ,wtll not adve):sely affect the City of
,Pow(jyGeneral plan for future as well as present develop~
ment.
Development Review 87-20
1, That, the prqposed deveJ,opJllent is in conformance witl:1 the
,poway c;eneral 'PI,an." d!n,' tl1atthe, General plari en:Cour(jges
)lses', 'like chur.ches, 'that, are, suppd'r,ti ve to, ,reSidential
uses.,
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o 0768
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Resolution No. P-88-74
Page 3
2.
That theprc?posed development wi-ll not have an adverse'
aesthetic" 'neal,th, safety, or architecturally rela.ted ,
impact uponadj oining properties" as noted under the find-
ings in tile preceding section,.
3.
That the proposed development is ip compliance with the
,Zoning Ordfnan'ce, in tha,t all, developmeiitstanqar~ls' '~in
be met in deve1:opment of the proj ect.
The proposed development encourages the orderly and har-
mqpious appearance of struct~re:s ant'! property within th,!;!.
'City becalI'se it complies with the d'El?Jgn,gliideHnes ,of; the
General plan an'd propose? buildings that are similar in
size ahd architectural s~yie to other churches and resi-
dences in tile City.
That the proj ect is a new sanctuary , fellowship hall". and
education buitding for semi~public use and will be located
in the RS~7 'zone. The proj ect: qualifies for sewer allo'ca-
tion for the "Other Projects," ,category by providing the
following benefits to the community:
4.
5.
a. Publici,mp.rovements to Garden Road including paving,
street d'ed'ication, street lights, s,idewalk, under-
grounding 'of utility lines, and, drainage facilities,
b. Upgrading the property through remodeling of the ,
existing, church, construction of the fellowship hall,
and installation of landscaping.
c. The prop9sed project will provide support to the com-
munity byproviding'meeting rooms for community
groups and spiritual assistance to the general
public,
Se'ttioii:'3;: c.JrtY.Chuncil Decis'lcin':
Condit.ional Use' Permi;t 87-17 and Development Review 87-20 for
which plans are on file 'in, fhe Planning Services Department"
are hereby approved subject to the following conditions:
1. within 30 days of approval: , (1) The applicant ,.:;;hall slib-
mit in wtitil)g ,fhat all ,condittons of qpproyalhavebeen
read and, 'u.nde'rs,tood'; and' (2) the property owner shall exe-
cute a Notice of Restriction on Real Property.
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Resoluti9n No, P-88-74
I'age4
2.
The follo~lng improvements shall be installed to the
satisfaction of the Director of Safety Services:
.b,
a. Any l:lUilging over 5,000 square feet shall be
installed with a fire sprinkler system UBC 38-1, NFPA
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# 3" and local requirement,
Roof numbers shall be required on ,new construction,
meeting Department of Safety Services requireme'nts.
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A minimum 24 foot fire lane is required, properly
installed and designated 'per Uniform Fire Code.
c.
d.
A Knox security system shall be provided.
3. The approved building materials an'd colors are as
follows:
Building Materials:
Simulated wood siding
Multi-paned glass windows
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color:
White
4,
The applica}l:t shall schedule' a 30
Sunday worship: services to reduce
neighborhood streets.
5. A detailed landscape and irrigation plan shall be sub-
mitted and approved for phase One and Two by Planning,
Community, and Public Services prior to issuance of
building perm!,ts for phase one,. Existing trees removed
shall be replaced with a minimu~ 24 inch box specimen
tree.
minute break between
traffic congestion on
6. The applicant sl1,all substitute, a heavy, varigated asphalt
or (iber gl_as,:;; sh_inglefo,r the; pr~posed asphalt 'shi~gles,
wM,chcpeat,es :a ilShadqw etfe:ct !s'iin'illar to wood shingles,'
The color ,and ,:type} of ishingle materials are to be sub-
mitted to the sat'isfactibn of 'the Director of Planning
Services,
Development Phase One
1, The following improyem!=nt:s shal:!. be, constiucted/H'lstalled"
with the constructioriof the fellowshTp hall ahd the remod-
eling of the existing church, to the satisfaction of the
Director of PubLic Services:
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o 0770
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ResQlution No. P-88-74
,Page' 5
a,
PriOr to the issuance of building permits,. the, appli-
cant shall dedicate to the City of poway the
necessary street right-of-way for Garden Road to
attain a half street width, o'f ,42 feet (ultimate total
riglit.-of~way width is 84 fe'et) or to a half street
width of 30 feet (ultimate right-of-way width of 60'
feet') in the event Garden R'oad is reclassified freint a;
::i'eco'ridary arterial to a collector,
The in?tallation of a concrete sidewalk on the south
side of Ga,rden Road, to t'r'ansition into exis'ting and
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planned improvements. A standard p~r:formance bond in
the amount of the cost of constr,uction may be posted
if the precise ultimate location is not clear at the
time of building.
b.
c . Any wateJ: main extension shall be completed prior to
issuance of a Certificate of Occupancy for the
fellowship hall.
d. Following mitigation fees shall be paid:
Traffic Mitigation Fees
Sewer ,
Sewer Cleanout per Lateral
Inspection per Lateral
$ 701
$5,007
$ 50
$ 25
Traffic and sewer fees are an estimate. Precise fe'es
will be calculated based on final plans.
e. within 30 days "of approval" th~ applicant shall apply
for a Letter of Sewer Availability (LOA) to reserve
sewerage availability ~nd post with the City, a
nonrefund,able r,eservation fee equal to 20 percent of
the appropriate s,?wep:igeconne'ct'ion fee in effect at,
the b:me ,the LOA 'is issu'ed.
2. The following star'l .be cons,t:ructed/installed to the satis-
faction of the Director, of Planning Services:
a. Thirty on-site parking spaces aLe required to serv.e
the existing church and office building and the P,!:,P_
posed fell'Qwshj"p'hiliito city starida'tds.,
b, The office building behind the church shall be
painted to match the existing and proposed 'buildiIlgs,
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Resolution No. P-88-74
Page 6
c,
An approved wooden fence shalT be constructed along
the westerly property line between the subject site
and thE) adjacent parcel (APN323-060-03, TTM 87-07),
prior to the occupancy of any homes to the west.
Land'scapi:ng shall be i:nstalled prior to occupancy and
shall ci0-clude street, ,trees along theentirelengtl1 ()J
Garden Road" a three foot wide landscape strip, ",!ith,
15 gallon trees, 20 foot on center along the westerly
Property line of Phase One, retention of existing
'eucaJ:yptustree, and interior landscaping.
A building permit shall ,be obtainea for the eXistihg
20' x ,15' storage b:uilcHng. The building shall be
located a minimum of five'feetfrom the property
lines" sc;reEmed from Ga:'tdeh Road, and painted to
match existing and p~oposed buildings.
Development Phase Two
The following impr~~Elrnents shall be installed/constructed with
the construction 'of the new sanctuary, education building, and
interior remodeling of the fellowship hall to the satisfaction
of the Director of Fublic Services:
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Road Improvements
1. Garden Road, along the propertyfrbntage and including
necessc;ry;improyement tran'si tioI1S to existing improvements
east of and 'west of the project/s' boundary shall be
improved to .city"'s Circulation Element - Secondary Road
street Standards. , Improvement shall include, but is not
to be limited to the following:
a',. Widen the southe(lYh~l,f,st!"eElt P9ving to 32 feet
"wide wi'thin a J;1al'f,st;,reet' dgnt-'Qf''':way w,idth of 42
feet:,
b. Installation of concrete curb and gutter on the
southerly side.
2. Pavement structural section shall be ba;>ed on a traffic
index of9. 0 and ,shall be SUl:lf!1itted to ,thecf't'( for review
and approval by'the City Engineer.
Water
1 .E-1re I1zd):"ant or hydrants shan :,l5e "iristaJled at locations
);0 bedeteririined'DY the Ci;ty Ftre MarshaL
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Resolution No, P-88-74
Page 7
Should it be required by the Ci~y Fire Marshal that on-
sitehydrant(s) is/are necessary.; the applicant shall
extend a water main from the existing main in Garden 'Road
to the project site. The proper size and location fO"r the
new main shall 'be established from a water system analysis
to be prepared ,for this project. The applicant shall pay
to the City the, cost of said analysis upon demand.
Material specifications and installation procedure shall
be per City of Po way standards.
bra'fnaqe
2,
3 .
A detailed l1ydraulics/hydrology analysis to determine the
runoff to be produced by the development and its effect on
existingdri3.ihage devices shall be submitted to the City's
Public Services Department concurrent with the submittal
of a grading plan for the proj~ct. Should the amount of
runoff prod~cea by the development result in an amount
that exceeds the capacity of"existing, drainage devices,
construction of additional deyices and/or modification to
existing devIces is necessary to mitigate the effect.
Such devices shall be per City Engineer's approval. As
mentioned herein, said exis,ting drainage devices do not
include the ~xisting open channel, along the easterly and
southerly bOlln~qary of the proj ect. The intent of this
condition is to assure that no damages are incurred on
,adjacent proper'ties as a result of this development.
2, The exis,ting drainage channel alon'g the easterly and
southerly bound9ry of the project shall be improved to a
condition ac:ceptable to the City Engineer. Improvement
shall include,' ,but is not to be limited to, cleaning,
relining ,or replacement with uridergroun.d facilities,
l1ydFi3.ul.ic/~hygr,ologycalculations, shall:p,e submi,~~ed' 'to
vO';!rify' the,agequa'cy, ,o~f' desigr.Illlprovernents will orilybe
required asd'ic,tated l5y 'the'resul ts of the approved
hydrauliC/hydrology calculations,
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Miscellaneous
1. Improvement plans or Gar,den Road, improvements, street,
li'ght installi'ltion" if any ,'dtacinage channelimproyements
arid water main extension shall be prepared' by a state
Registered Civil Engineer and submitted to the City's
Public Services Departm.ent for reyiewand approval by the
City Engineer, Said ,pi,i3.,J)s, shallpeapprov,ed, standarg
agreement shall b,e,ex'ecuted, and the, reqU'i.ted ~ecurities
shaiJ,l, bE3posted with, the City prior to, issuance, of a'
bUj.'ld.ing 'petmi,t, .
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Resolution No. P-88-74
Page 8
The drainage ,channel improvements along the easterly and
southerly pr.op,e,r,ty lines of theproj ect shall be completed
prior to f~suance of a Certificate of Occupancy of the
first bunding ,in phase Two.
3. The property, is presently encumbered by a road and utili-
ties easemehtteservation (File No. ,195438 of Official
Re'cords recorded September 29" 1960) along' the easterJy )0
fe'et. Theowne.r, its' succ~ssors and assigns'sha'l'I 'not '
violate any rights accorded to the easement holders,
unles,~ permission is obtained and a copy thereof is for-
~ardedt;o; :the City", As of theda~te Of thiscjevel'opment
approval and as evidenced by the title r,epcitt bf; tnis, prg~
pert." dated September 30, 19:8'7 and pteparedby Fc:iu!lde,rs
Ti't:le, Company (Ref Baptist Church - No.9 3715-6), no known
holders exist.
2.
Concurrent with the submittal, of improvement plans as
hereinbefore mentioned, the' CiPplicant shall submit to the
City's Public .Services Department, a plot plan showing the
locations ,cjfstI,eet lights along Garden Road within a 500
foot radius of' the developments boundary. After submittal
of this piot plan and if determined by the City 'Engineer
that street lights be installed along the,developtnents
frontage~ it shall be completed prior to issuance of a
Certificate of Occupancy of the first building to be built
in Phase Two,
The location qf ne.wstreet lights shall be shown on the
improvement plan for Garden Road.
5. Any new water, main extensions on site shall have an ease-
ment, a minimum of 20 feet wide, dedicated to the City of
poway prior to issuance of a Certificate of Occupancy of
the first' building within th~ proj ectphase where new
water main is to be instal,led.
6.A drainageeaserrient, a,rni'n,;tmum 'of 20 feet wide, along the
project's easterlYa,nd 'southerly boundary line shall be
dedicated to theCjty prior to issuance of a Certificate
of Occupancy of the fi,rst building in Phase two.
7. The following mictigation fees shall be pa;td:
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Tra'f,ficM1tigatlon Fees
Sewer
$ 1,848
$13,194
Traffic and ,sewer fees' are, an estimate,
be calculatedS:ased ~on finai plans,.
Precise fees, will
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Resolution No. P-88-74
"age 9
The existing utility lines along Garden Road shall be
undergrounded,.
9. An on-sife fire hydrant shall be installed to the satis-
faction of the Director of Safety Services,
8 .
,The following shall be installed/constructed to the satisfac-
tion of the Dir,ector of Planning Services:,
1, One hundred thirty-one on-site parking spaces are required
to ,serv,e the existing church (2,940 square feet), the
fellowshfp 'hall, (4,250 square ~feet), the new sanctuary
,(4,900 isquarefeet), and educqtional by:ilding (3,'150
sqUare feet) to City standards (an additional 10'1 spaces).
2" The offic,ebuilding behind the existihgchurch shall be
removed or. 'r,emodeled so that it is architecturally com-
f:'atible to the proposed buildings.
3.
The exist~ng wooden fence along the site's easterly,
southerly', and westerly property line shall be replaced or
repaired, The condition of the fence shall be evaluated
prior to ,issuance of building permits and the fence shall
be installed ,or repaired prior to occupancy,
4, A ,landscape strip five feet wide with 15 gallon trees 20
feet on center shall be installed along the easterly,
southerly, and a three foot landscape strip on the
westerly property line,
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TIm APPLICANT; SHALL CONTACT THE PLANNING S~VICES DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING <::oNDITIONS :
A. SITE DEVELOPMENT
1, Si,1:.e 'shall be developed, in accordance witl},tl1e approyed site
plal1s ,ClI1 fi,l,ein the Planning, Serv,ices Department and the, con~
,dictions contained herern.
2. Revised site plans and building elevations incorporating all
conditions of approval shall ,be submitted to the Planning
Services Department prior to issuance of building permits.
3, All roof appurtenances, inc'luding ili r conditioners,shal.l be
arc;hi,tecturally integrated, sh,ielded from view and sound' buf-
fered from adjacent properties and streets as required by the
Planning Services Department.
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Resolution No, P-88-74
P,age 10
4. Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval contained herein
shall be completed to the satisfaction of the Director of
Planning Services,
5. The applicant shal-lcomply with the latest adopted UnifoJ::m, ,
Buildicng Code, Uniform Mechanical Code" Uniform Plumbing Code,
'~a,tional Electricc:ode, Un ifo tni Fire Code, and all, other appli-
cable codes and ordinances in 'e:ffect at the time of buildfng
permit issuance.
,6 .Pr,i:dr todeE very of cOmbustible" building materials: oLlsi,~e, .
wafer and sewer systems! shall satisfactorily pass C!ll required
tests <:ILldbe connec;ted to'the public' water and sewer systems.
In addition, the first lift of asphal:b paving shall be in place
to provide adeqUate, Retmanent access ,for em~tgency vehicles.
Th~ final lift of asphalt shall not be installed until all
other constructiona,ctivity has, been substantially completed to
the satisfaction of the City.
7, For new unit (s), tohe 'applicant shall pay development fees at
the established rate, 'Such fees may include, but not be
limited to: Permit an'd plan Checking Fees, School, Fees (in
acc;:ordance with City-adopted policy and/or ordinance), Water
and Sewer Servi'ce Fees, These fees shall be paid prior to
final map approval.
8, This approval shall' become null and void if building permits
are not issued for this project within one year from the date
of project approyal.
9. Building identification and/or addresses shall be placed on all
new and existing buildings so as to bepl,ainly visible from the
street or access road; color of identification and/or addresses
shall contrast with their background color.
.'~' :PAAKliiG, ,AND' 'VEHI!CULAR, ACCESS
1. A),l ,parkin'g lotland,scapigg shall cons,ist of a minimum or one
fifteen (15) gallon size tree for every three (3) parking
spaces. For parking lot islands, a minimum 12 inch wide walk
adj acent to parking stalls shall be provided and b,e separated
froITiVehicular areas, by a 6 inch high, 6 inCh, wide ,portlan'd
concrete cemeflt curbin9:' '
2, All two-way traffic aisles shall be a minimum of 24 feet wide
and emergency access sha,ll be provided, maintained free, and
,clear, ,aminilTium of ,?,~ feet wide at alJ til1le~during construc'-
tion in, accotcjance wTth' Safetyserv,Icespepartmentrequirements,.,
3. 1\11 pathn'g, spaces shall be double striped,
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Resolution No, P-88-74
page 11
c.
LANDSCAPING
1.
A Master Plan of the existing on-si,te tre,es shall be provided
to the PI~nningSer~ices Department prigr to the issu~nce of
building permits and ,prior to grading, to 'determine which trees
sgal:l ber,etained. '
All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
2.
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SIGNS:
Any 8,igns propo~s,ed for this development shall be designed and
approved in conformance with the Sign Ordinance,
E. RECREATION - NONE
F. EXISTING STRUCTURES
1, Provide compliance with the Uniform Building Code for property
line clearances considering use, area ~tid fire-resistiveness of
existing buildings,
2. Existing buildlng(s} shall be made to comply with current
bu'ilditig atidzo'tiing regulations for the intended use or the
building shall be. demolished,
G. ADDITIONAL APPROVALS REQUIRED
This Conditional Use Permit for Phases one and two is granted
for a period of twelve months at the .end of which time the City
Council may add or delete conditions, or revoke the Conditional
Use Permit,
THE ,APpLIe\NT SHALL CONTACT PUBLIC. SERVIcEs DEPARTMENT REGARDINg
COMPLIANcE WITH. THE FOLLOWING coNDITIcici:
H. GRADING
1, Any grading of the subj ect property shall be ina'ccord~nce with
the Uniform Building Code, City' Gra'ding Ordinance" approyed
gradihgplan and geotechnical report, arid accepted g,r,ad':img
practices.
2. A soils report shall be prepared by a qualified engineer
licensed by th,estate" of California to perform such work prior
to bu-ild,ing ,permit approval"
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Resolution No. P-88-74
Page 12
3 .
A geological report shall be prepared by a qualified engineer
or geologist and submitted at the t'ime, of application for
grading plan check. This statement may' be contained within the
soils report,
4.
Any final grading' plan shall be subj,ect to review and approval
by the planning Services and Public Services Department and
shall be completed prior to issuance of building permit.
ApI:e-blast survey of surrounding property shall be conducted
to ,the' sa't'isnfction ,of the City ,Engineer prior to any ,tock,
bias,ting. Seisinic recordings shall' be taken fot all blasti:Il9
,and '9last:iJn'g shall occur only at locati.oris and levels approved
by the City Engineer.
5,
I.
STREETS AND SIDEWALKS
1.
Street striping and signing shall be installed to the satisfac-
tion of the Director of Public Services.
2. All street ,structural sections shall be submitted to.' and
approved by the Director of Public Services,
3. Street improvementplahs prepared on standard size sheets by a
Registered Civil Engineer shall be submitted for approval by
the Director of Public Services. Plan check and inspection
expenses shall be paid by the developer.
4. All damaged off-site public works facilities. including parkway
trees. shall be rep,a'ired or replaced prIor to exoneration of
bonds and improvem~nts. to the satisfaction of the Department
of Public Services,'.
5,. Pi:i!orto "lIlY work betrlgperfbrrhed in the'public right-of-way.
:an encroachment :petmftslia:l:lbe ,obtained 'from the Public, '
Ser,vices: of;fl'ce andapptoi::,riate fees ~paid. in addition to any
other permits required.
6 ,
The developer shall pay the traffic
pr~or to buildihg permit issuance,
and is based upon occupancy.
mitigation fee of ll.84B
This amount may be adjusted
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Resolution No. P-88-74
Page 13
J.
DRAINAGE AND FLOOD CONTROL
A drainage system, capable of handling and disposing of all sur-
face water orig,inaj:ing within the site, 'and all surface waters
that may flow ont.o the site from adjacent lands, shall be
"required. Said clrc:linage system shall include any easements and
'str,uctures as required by the Director of Public, Services to
'properly handle the drainage.
~. UTILITIES
L utility, easements shalJ ,be provided tothespect?;i:~ation of 'the
serviu<:, utili tycompanies and the, Director of Public Services,
2.. The developer shall be responsibl~e for tl1e relocation and
undergrounding of existing public utilities, as required.
3. Water, sewer, and fire protectionsy,stemsplans shall be
designed and constructed to meet requirements of the City of
poway and the Health Department of the County of San Diego.
4, Prior to accep'tance of property for sewer service, annexation
to the sewer improvement area shall occur.
5, The applicant shall pay for a water system analysis to
establish the proper ,size and location for the public water
system, The amount w,ill be determined by the cost of the ana,~
lys is and shall be paid upon demand by the City. '
6, Developer shall construct a light system conforming to City of
poway Standards at ho cost to the public, subject to the
following:
a. cut-off luminaries shall be installed which will provide
true ,90, degree cutof;f and, prey,ent proj ectiofl' of :light
aboy!= the horizontal from thE'!, lowest'po'int of the.lamp or
,light emittihgrefractoror d'evice.
b. All fixtures shall use a clear, low pressure sodium vapor
light source,
c. Advance energy cha~ges and District engineering charges
shall be paid by the develop,er.
d, Annexation to the lighting district shall be accomplished
and evidence of annexation shall be accomplished at the
time of final inspe~ction or cer,tif"i.cate of occupancy ,
whichever occurs fiist.
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Resolution No. P-88-74
Page 14
7. Cable television services shall be provided and installed
underground" The deyeloper shall notify the Cable company when
trenching for 'utili ties is to be accomplished"
,L" GENERAL REQUIREMENTS AND APPROVALS
The conditional use permit shall expire 0[1 June 28, 1989 unless
~n application for time ~xtension is received 90 days prior to
:expir,aticin in accordance with the City I s Subdivision Ordinan_ce.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 28th day of June, 1988.
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ATTEST:
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Mar jor ie K, Wahlsten, Ci:ty C::lerk
STATE OF CALIFORNIA
)
) ss,
)
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution; No. P-88-74 i was duly adqp~ed by the City Council at
a meeting of said City Council held on the 28th day of June
1988, and that it was so adopted by the following vote:
AY,ES:
BRANNCN, HIGGINSCN, KRUSE"TARZY, EHERY
~OES:
NCNE
AB'STAIN:
NCNE
ABSENT:
NCNE
R!R-6-,2'8 ,4-17
11"rjqr:i~K, i'iahlsten, City Clerk
,City of Pciway
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