Covenant Regarding Real Property 1988-507184
, --:--~-
...-, .
~' t.... -; ;.
f,(/:"~ ;.-c
\
[\
- ----,-
.
. 88>5,'07,184'
~" ',' ,,~, q::"rHoEO'IN nJ~'
,m.__. "'~O'RO-
O. r;:"r'iC!A.i'J:-:L'--, ',:)
, ._h" >.J.. "_.,,\,,._. .
Of' <.;t.>>;;,:r-GV ~.~j}t.i;'tl f.I...i\,
iJ ..... ." ~'-
,;;-. .,
0871
. 'RECORDING REQUEST BY:;
C;ITY OF POWAY
W"HENRECORDED MAIL TO:
CITY CLERK
C)TY OF POWAY
'P..O. BOX 789
POWA Y, CA 92064
)
)
)
)
)
)
)
)
)
)
)
)
88 Gel -5 P113: 54
I VERA'L~ LYlE;_1
L-E-oUllTY R"COROE.!LJ
6F"
AR, (
MG
(Thi s space for, Recorder's use)
No Transfer Tax Due,
CDVENANT REGARDING REAL PROPERTY
Grace Trinity Church ('''OWNER'' herein~fter) isj;h,e. owner of rea] property
ges,cribed in Exhibit A which is attached heretoan(j,~mac1e a p,art:hE!reof andwlli'ch
IS commonly known as Assessor's Parce'l Number 317-j:22~30, 47 (""PROPERTY"
herei n'afte'r). ,In tonsi derati on bf the approval] Of Coi1&itiona lUse Permit 88-05,
Variance 88_05. and Minor Development Review 88_131 by,. j;he City of Poway
("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the
CITY, to abide by conditions of the attached reso'fution (Exhibit B).
Th'i's Covenant shall run wi'tti the land and be bind.in'g upon and inure to the,
bE!J1efi t Oft,h,e; f~ture .owners, eDfulllbrancers, successors, hei rs ,persOl'la]
~epr;E!sentatt~e,s,'trans.ferees and a:sstgn~ of the respective parties,
OWNER agrees that OWNER's duties and obligations under this Covenant are a
lien upon the Property. Upon noti ce and, opjiortun ity to respond, the CITY may
add to the tax bi 11 of OWNER any past due Hri'ancia lob 1 i gati on owing to CITY BY
way of thi s 'Covenant. '
. f:f eUher party is required to incur cosJ;s to enforce the provis.ions of this
Covenant, the pr:evailing party shall be entitled to full reimbursement of all
costs, i.rieJudihg re,asonab l'eatt6rneys' fees" frOlll, the other party. The C!TY may
ass,ign to persons impacted by the performance of this Covenant the ri ght to
enforce this Covenant against OWNER.
Dated: 9-2l-gfoS
~~.:OL.u.
. oi:r:t'ze')' cr
Dated: ~;?;r'p~
CITY OF POWAY
BY~Z~~~
(' 0 nee ' to arlZe )
:
,/ :-...
./ ~
. .........'
"... ~.. ~
.:,. ~
. =: :;
;:-<:
, . ~
.:,- ,''''...... .';:
-~:-~ ~~-~~)
'. "'~~ '. .~.,..
-.------
"
..
-
..OWLEDGMENT
I( * * * "* * * *
/ORp--;''-Jf (1l/J;.cOrA<'~
* County of 5YuJ'7);'Q6)
"* ~J
0872
"* "* "* "* "* * "* "* * * * * * "* "* "* "* * * "* * "* "* * * * "* * * * *
this the,y,0r day ofcL~J'JIt/Z/) 19<;2[, before
(~r;C'Ic. .c:"/~' f(t/<,o/C)
the undersigned Notary Public, personally appeared
...
On
) SS.
)
* * *
me, *
*
*
*
*
JIl.-;
,,:Fe'Lel< .--p lf7c.(J/;.{lvc~ *
V *
B-pef-s&na,HY-known-to-me- *
*
[;;I, proved to me on the basis of satisfactory evidence to *
be the per.son~, who executed the within instrument as *
\//rp/"'h"<"rlprJ'\- or on behalf of the corporation *
therein named, and acknowledged to me that the corporat10n *
executed it. *
WITNESS my hand and official seal. *
-)
\ !;/-?)/{/NO~~'/ l4;:/.;I';I,( j
',.: * * ** * * * * * * *............. ...N~t~rt: ~i~n~t~r:...... ~l........... ...~,,:_~ ~.::..~"
~~_~'n~ ~~___._~_~ _____~_
"
*"
*.
,*
*
*
OFFJCIAL SEAL
PATRIClf\ SUE NELSON
* <I f'J,:.nARY PU~3:.X - CA,LlFOF!.rJJA
:' l=c~~,~~;~;3:l;;;';(?i_Y9ci?:1 ~
*
*
*
*
*
~. '~.;.f:,'Ii~...'t.,~"';~"'-:';:r
;;,~';,."'."~~tJP PRELIHINARY REPORT ':j.
, ,51~ PAGE NO. 8
~' LEGAL DESCRIPTioN
ORDER NO. 880701'1,-C
~
'J.
081'3
PARCEL 1:
That portion of the Northeast Quarter of the Northeast Quarter of Section 13,
Township 14 South, Range 2 West, San Bernardino ~ieridian, in the County of ,San
Diego, State of California, according to United States Government Survey
.approved September 11, [879, described as follows:
COI!!Il1encing, at the Southw~_~t: corner of said .NortheastQiiarter of the. Northeast'.
QuarTer,;' thence along ,theWe,'!t"r:.1.'}:...li.!'.~_ ,t!):~,J;e:ot North '2'51 '20'~East" 33'7,. n
,- feet to 'the"TRUE 'POINT OF BEGINNING; thence South 88',51 '30" East', )28.0 fe,et;
thence North 2'51'20" East', 184.08 feet; thence N()r,tJl 88'51 '30" West,. 328.,0
. -' .' -
f,ee,t, to the I-."esterly line of said Northeast 'Quarter of the Kortheast Quarter,;
thence South 2'51'20" ';,'{,st, along said West 1'ine, 184.08 feet to the TRUE POINT
OF BEGINNING.
PARCEL 2:
The East 100.0 feet of that .portIon of the Northeast Quarter ofthe'N()rtheast
Quarter of Section 13, Township 14 South, Range 2 >lest, ,San Berna'rd:f.no
Meddian, in the ,County' of San D,iego,. State of California according ,to 'Unfted
States Government Survey approved September 11, 1879" described as fol'lows:,
COtrIDenc:f.ng at the Southwest carner of said Northeast Quarter of the Northeast
Quarter; thence along the \o!ester,ly line, ,thereof North 2'51 '20" East, 521.85
feet, to the, TRUE POINT OF BEGINNING; thence South 88' 51' 30" East, 328.0 feet;
th'ence North '2' 51"'2'0" East, 152.07 feet,; thence North 88'51' 30" West, 328.0
feet 'to 'the Westerly 'line' of ;saia Northeast Quarter of the Northeast, Quarter;
thence,;South 2"'5:1'20" Wes't along 'said West line', 152.07 feet to the, TRUE POINT
OF BEGINNING.
PARCEL 3,:
An easement over Parcels 1 .to ], inclusive, as granted to Clem G. Berrill, et
ux, by Deed recordea Janu,!ry' ;j'2, 1955 in Book 54,9j, Page 470 of O,ffic:i:al
Records; said easement- shall be .for the benefi,t of all, ;p:resent and futlfre
owne,r.s:, - 'and' apPl~!'te'l].~_i1,~: ,to; -a"ri'y ~p:6r,tion to any ,PCl!,t-f9"n" 6~_:'portions ,of '~'~;t: 1.,
Sect-ion, 18, CTo~ship 14 ,Soutl1;Range 1 "'est, Lo.t 4" Section ,7, Tow"ship 14,
South, Range' 'I ~le'st; and ,the Northeast Quarter oft:he Northeast Quarter of
Section 13, Township ,14 South, Range 2 ;:est, being more particularly described
on Record of Survey No. 3485, a~ "Ease~ents Reserved for Road."
Said easel1'ent is hereby declared to be.appurtet',nnt tc and for the USe and
benefit of the, pre'se'nt and future owner ,or ow'n'ers of all or any 'portion of
Parcels 1 and t abOve.
5/26/88
eb-258
EXl7flBIT \'A!"
..:...:.
. ,.. ~.,~:~;:;.:.-'.
.
08'74
.
':'
RESOLUTION NO ,1"-88- 96
A RESOLUlIqNOF' THE GITY COUNCIL
OF THE GtfY' .OF 'powAV" 'dALIF"ORNIA
APPROVING 'c"ONDTTIONp,l USE PERMIT 88~05
VARIANCE 8'8:-05 ANliMINORD,EVELOPMENT REvIEW 88-131
ASSESSORi'S PARCEL Nui'1BER 317':122-30, 47
WHEREAS, Conditi onal Use Permit 88-05, Varijallce 88-05, and Minor Developirienf
Review 88-131, submitted by Grace Trinity Church,; applicant, requests approval
ofa two-phase developmentplan :that will ,instal'lnew modular classrooms, to
:repJaCl'! those on a former part of school property, and a future new sanctuary at
13617 Midland Road, in .the RS-2 zone; and
WHEREAS, the sewer cap\lc-ity allocatiQn pJancontained in Ordinarice'No. 44,~
does, riot 'spedfjcaJ ly provide, sewer capacity for ,the subject project and would
requir~ tha.t th(,!,appLicantobta.in the 2.8,EDUs cqntained in the category
Ord i nance No,. 246 'desi gnated. as "Otller Projects"; and
WHEREAS, on September 6, 1988 the City Council held a hearing on the above
referenced item.
. ,
NOW, THEREFORE ,the C ityCounc,il does hereby resolve as follows:
SecHon 1: Envi ronmenta.l Findings:
The City Council finds that this project will not have a significant adverse
impact on the environment and. that a formerly, i,ssued Negat,ive Declaration
sufficientljilddresse? potential adv,erse imp'acts and that mitigation
measures are conta,ined in the condi'tionsof a'pproval.
Secti on 2:. Findings:
Conditional Use Permit 8S-0S
1. That the locat.iori, size, desi gn, aDd operating charai:teri sti cs of the
proposed use wi II 'b,e compatib,le wi th.,a'nd w'iTl not adversely affect or
be materially detrfmen'tal to adjacent'uses,residerits, buildings,
structures ,or :n:aiuJ'a1. r,(,!?ou.!;ces..', Grace 'Trini.ty' Church h~s operated
5ucces'sfull'yi nttie ~etg'h~oJ>llood for' 'approxi.mafe'ly' 15yea"s, T~e? ize
and desJgn ofthe,:new buildings will be ,archftecturaHy compatible with
adjacent residential structures.
2. That the sca Ie, bu 1 Ii., coverage, and dens i ty is cons is tent wi th adj acent
uses, in that the structures are relaUvely small frame buildings.
3. That there are av.ailable pUb'lic facilfties:" services, and .utilities to
serve, the proposed :use, a llfac.il j t,i,es ,a~d, serv ices can be provi ded for
eachdevelopmerit 'pllase through the condHions of approval.
"EXHIBIT B"
.
0875
~
Resolution No. P-88-96
Page 2
4. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the required wood fence and landscaping along
the property line will buffer the project from adjacent residential
structures.
5. That the generation of traffic will not advers~ly impact the
surrounding streets and/or the City's Circulation Element in tllat the
school enrollment will remain stable and that street improvements will
be required at the time of church construction.
6. That the site is su.itab 1 e for the type and i ntens ity of use and deve-
lopment proposedc,in that the site is basically flat and is located in a
residential neighborhood that can use i'ts services and buildings.
7. That there will not ,be significant harmful effects upon the environmen-
tal quality and natural resources in that the subject site is wholly
disturbed and contains semi-public uses.
8. That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
9. That the impacts, as described above, and the location of the proposed
use will not adversely affect the City of Poway General Plan for future
as well as present development.
Minor Development Review 88-131
1. That the proposed development is in conformance with the Poway General
Plan, in that the General Plan encourages uses, like private schools,
that are supportive to residential uses.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining pro-
perties, as noted under the findings in the preceding section.
3. That the proposed development is in comp 1 i ance wi th the Zon i ng
Ordinance.
4. The proposed development encourages the orderly and harmonious
appearance of structures and property within the City because it
complies with the design guidelInes of the General Plan and proposes
buildings that are similar in size and architectural style to other
schools and residences in the City.
5. That the project is an educat,ion building for semi-public use and will
be located iilthe RS'-2 zone. The project qualifies for sewer alloca-
ti on for the "Other PrOjects" category by provi ding the fo 11 owi ng bene-
fi ts to the commun i ty:
.
0876
~
r:
Resolution No. P-88-96
Page 3
a.
Present dedication and future widering of Cynthia Lane, street
lights, si dewa.1 k, underground ing of util ity lines, and dra i nage
facilities.
b. Upgrading the property through ulldergrounding of some of the
overhead utilities and instal.1ation of landscaping.
c. The proposed project wi 11 provide support to the community by pro-
viding meeting rooms for community groups and spiritual assistance
to the general public.
Variance 88-05
1. That there are specia,l c,i rcums tances app 1 icab 1 e to the property (s i ze,
shape) or the intended use of the property, and because of this, the
strict application Of the Zoning D~veidpmentDrdinance deprives the
property of privileges enjoyed by other properties in the vicinity
under identicaJ zoning classification; in that the lot is "L" shaped
with the existing modular school building placed in the northeasterly
quadrant andobserv"i.ng a t~n foot setback'" The new building. is pro-
posed to be installed in the same area adjacent to and observing the
same setbacks as the existing, classrooms, thus grouping them in a logi-
cal spatial configuration. Strict application of the Zoning
Development Code deprives the property of privileges enjoyed by other
properties in the vicinity under identical zoning classifications,
name ly the Gol den West Academy.
2. That 9ranting the variance or its modification is necessary for the
preservation and enjoyment of a. substanHal property .right possessed by
other property in the same vicinity and zone and denied to the property
for which the vari,ance is sought; in that the school has operated on
this site since 1973, and the new classroom units are a replacement of
space lost with the sale of school property on the south side of Cynthia
Lane.
3, That granting'~he var~anc.e or its modification will not be materially
detrimental to the public health, safety, or welfare, or injurious to
the property or improvements in such vicinity and zone in which the
property is located; in that the appl icants will be required to install
landscaping to accomplish screening of school buildings and enhancement
of the site for the benefit of surrounding residential properties, as
well as upgrading of fire/safety requirements on site.
4. The granting of this variance does not cOnstitute a special privilege
inconsistent with the limitations :upon ()ther properties in the vicinity
and zone in wh i ch such property is s,i tuated; in that there are three
other semi"pUblic uses within a one b]ock area which presently enjoy
the same site features as that of' the app 1 i cants' .
.
,
0877
.
\.
r
Resolution No. P-88-96
Page 4
5.
The granting of this variance does not allow a use or activity which is
not otherwi se expres's ly authori zed by the Zoning Development regu 1 ati on'
govern i ng thep-arcel of property; in that semi -pub 1 i c uses such as
churches, schools, or day care facilities are permitted under conditional
use permits and can be located and operate i.n single-family residen-
tial zones.
6.
That granting the variance or its modification will not be incompatible
wi th the City of Poway General Plan; in that the General Pl an prov ides
for such land uses as private schools and churches within predominantly
residential areas, and view them as necessary support facilities to the
commun i ty .
Section 3: City Council Decision:
Conditional Use Permit 88-05, Variance 88-05" and Minor Development Review
88-131 for which plans are on file in the Planning Services Department, are
hereby approved subject to the following conditibns:
1. '.ithin 30 days of approval: (1) The applicant shall submit in writing
that all ,conditions 'of. app'roval have been read and. understood; and ('2)
tne property shall execute a Covenant Regarding Real Property.
2. A detailed landscap~, and irri~ation plan ,shall be submitted and
approved for Phase One and Two by Planning, Community, and Public
Services prior to issuance of building permits for Phase One.
Safety Servi ces
1. One new on-s ite fi re hydrant wi.11 be re qui red to be ,p 1 aced by the Fi re
Marshal.
2. An ,automati c fi re spri nk 1 er system wi 11 be requi red for the proposed
new sanctuary.
3. T.he proposed new m9dul,ar ,classroom maybe requi.red to have 'an automatic.
fii:e spri nk 1 er ,sys tem.
4. An approved fire alarm system is required to be installed in the
classrooms.
5. Fire access roadway will be required to access new classroom.
6. Designated fire lanes with approved curb markings and posted signs are
requ ired.
7. The "Knox" box secu ri ty sys tem wi II be re qu ired.
..
0878
,
Resolution No. P- 88-96
Page 5
Development Phase One
The following improvements shall be constructed/installed, with the
installation of the modular classrooms to the satisfaction of the Director
of Public Services':
1. Prior to the i,ssuance of building permits, the applicant shall dedicate
to the City of Poway the necessary right-of-way for Cynthia Lane to
Poway's Urban Street Local Collector standards.
2. Underground that portion of exi sti ng overhead uti 1 i ties located ~i th.in
the inte.ri'or of the prOject site, adjacent to the eastern property line
within 90 days of occupancy of new school buildings to the satisfaction
of the Director of~ubJic Services.
3. Pay sewer fees of $3,129 and $446 in Traffic Mitigation Fees for hookup
of new classrooms.
4. Applicant shall pay a proportionate share of the Midland Road drainage
fees - $4,336.38.
5. Landscaping and irrigation, based on a landscape plan approved by the
Director of Planning Services, shall be installed within 120 days from
occupancy of the new school buildings and shall consist of a five foot
wide landscaped ,strip with 15 gallon tr::ees interspersed with shrubs and
groundcover" 20 feet on center along the easterly property 1 ine, and
five gallon shrubs such as would constitute a dense screen, within a
five foot wide raised planter along the northerly and westerly property
lines.
Development Phase Two
The following improvements shall be constructed/installed with the construc-
tion of the new sanctuary and conversion of the existing sanctuary to class-
rooms, prio,r to issl!ance ,of buUding permits ,to the satisfaction of ,the,
D,irector of Pub,l ic Services.
Street Improvements
1.
Remove and replace any broken curb, gutter, sidewalk along
side of Midland Road contiguous wHh the project boundary.
ments shall be to City of Poway standards.
tne easterly
Replace-
2. Cynthia Lane contiguo,us wit~ t~e property shall be improved to City of
Poway's Urban Street Local Golledorstandards (City Code Section
12.20.070 and i2.20.080). Improvement shall include, but is not to be
limi,ted to, widening the street pavE;!ment wi,dth to 40 feet wide
(curb-to-curb dimension), constructi on of concrete curb, gutter, and
4.5 feet wide sidewalk.
.
0879
~
(
Resolution No. P-88-96
Page 6
Drainage
1. The remainder of the Midland Road drainage basin fee shall be paid at
the establ ished rate in accordance with Ordinance No. 247 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
prior to building permit issuance.
2. A detailed hydraulic/hydrology analysis to determine the runoff to be
produced by the development and its effect on existing drainage devices
shall be submitted to the City. The applicant shall demonstrate that
the deve 1 op!f1ent does not adversely affect drainage from adjacent pro-
perties. The spec.ial drainage assessment is fntended to insure the
construction of ultimate adjacent and downstream drainage systems.
Miscellaneous
1. A 30 foot wide landscaped setback shall be improved 'and maintained along
Midland Road. A 15 foot wide landscaped setback shall be improved and
maintained along Cynthia Lane, based on the approved landscape plan;
2. A total of 50 on-site parking, spaces sha~l be provided prior to occu-
pancy of the new sanctuary, based on a ratio of one space per three
seats within the main auditorium. If Sunday School classes are pro-
posed during the same time period, two additional spaces for each class
shall be provided.
3. All remaining overhead utilities, specifically those fronting on
Cynthia Lane shall be "installed underground prior to issuance of a
Certificate of Occupancy for the new sanctuary, to the satisfaction of
the Director of Public Services.
4. Pay sewer fees of S3,562 and Traffic Mit'igation Fees of S495 for hookup
of new church.
APPLICANT "SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGAROING COMPLIANcE
WIJH THE FOLLOWING tOND ITIClNS:
A. SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and buil<Ung eJevatfons incorporating all conditions of
approval shall be ~ubmitted to th~.Planning Services Department prior to
issuance of bUildjng permits.
(
i
.
0880
r
.
,
Resol uti on No. P- 88-96
Page 7
3.
Approval of this request shall not waive compliance with all sections of the
Zoning Development Code and all other applicable City Ordinances in effect
at the time of building permit issuance.
4.
All roof appurtenances, including air conditioners, shall be architecturally
integrated, shielded'from view and sound buffered from adjacent properties
and streets as required 'by the Planning Services Department.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Co<!e, Uniform Plumbing Code, National Electric Code,
Uniform Fi re Code, and a 11 other app I i cab 1 e codes and ordi nances in effect
at the time of building permit issuance.
5.
6.
Prior to delivery of combustible building materials on site,water and sewer
systems shall satisfac,tori'ly 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 emer;gE;!ncy
vehicles. The final lift of asphalt shall n6t be installed until all other
construction activity'has been substantially completed to the satisfaction
of the City.
7. - ThiS approval' shall become null and void if building permits for Phase One
are not issued for this project wt'thin one year from the date of project
approval.
B. PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall consist of a minimum of one fifteen (15)
gall on size tree for every three (3) park i ng spaces. F or park i ng lot
islands, a minimum 12 inch wide walk ,adjacent to parking stalls shall be
provided and be separate'd from vehicular are'as by a six inch high, six inch
wide Portland concrete cement curbing.
2. Parking lot lights shall be low pressure ,sodium and have a maximum height of
ei ghteen (l8) f.eet 'from the fi n ished grade of :the park i ng surface and be
di rected a'liay from all property lines, adjacent streets a'nd res i dences .
3. All two-way traffit ~i~les shall be a minimum 6f 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 doubl,e striped.
C. LANDSCAP niG
1. All landscaped areas shall be maintained in a healthy and thriving con-
dition, free from weeds, trash, and deb-ris.
.
0881
,
r
I
I
I,
Resolution No. P- 88-96
Page 8
2. A detailed landscape and irrigation plan ~hall be submitted to and approved'
by the Public Servi,ces Department and Planning Services Department prior to
the issuance of buiYdirig permits.
D. SIGNS
Any signs for this proposed development shall be designed and approved in
conformance wi th the Sign Ord i nance.
E. RECREATION - NONE
F. ,EXISTING STRUCTURES - NONE
G. ADDITIONAL APPROVALS .REQUIRED
1. Development Review or Minor Development Review shall be accomplished prior
to the issuance of a building permit for Phase Two.
Z. This Conditional Use Permit is granted for a period of 12 months at the
end of which time the City Council may add or delete conditions, or revoke
the Conditional Use Permit. ~
3. The approval of Minor Deve'lopment Review 88-131 shall become null and void
if building permits have not been issued by September 6, 1989.
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING COND ITIONS:
H. GRADING
1. Gradi ng of the subject property sha II be i.n accordance wi th the Un iform
Building Code, Ci,ty Grading Ordinance, approved grading plan and geotech-
nical report, and accepted grading practices.
2. I>.ny soils report re qui.red shall be ,prepared by a qual i fi ed engi neer ,licensed
by the State of Gal Hornia' to perform such work at first ,submittal of a
grading plan.
3. Any geological report required shall be prepared by a qualified engineer or
geologist and submitted at the time of apprication for grading plan check.
4. The final grading plan shall be subject to review and approval by the
Planning Services and P~blic Services Department and shall be completed
prior to recordat.ion of .the' final: subd,ivision map or issuance of building
permi t, whichever comes first,.
.
0882
~
Resolution No. p-88-96
Page 9
5. A pre-blast survey of surrounding property shall be conducted to the sat.is-'
faction of the City,Eng',ineer prior to any rock blasting. Seismic recordings
shall be taken for~ll blasting and blasting shall occur only at locations
and level s approved by the City Engineer.
I. STREETS AND SIDEWALKS
L Al,l interior and exterior publ ic streets shall be constructed to publ it
street standards.
2. Sidewalks 4.5 feet in width shall be required on one side of CyntMa Lane.
(north side).
3. Street striping and signing shall be installeci to the satisfaction of the
Director of Pub lic Services.
4. All street structuralsecti'ons shall be submitted to, and approved by the
Di rector of Pub 1 i c Ser'vi ces.
5. Street improvement pJ,ans, 'prep,ared on standard size sheets by a Regi stered
Civil Engineer shall b,e.submitted for approval :by the Director of pUblic
,- ~~ Servi'ces. "Pl an check and inspection expensessna II bepai d by the cte'vel-
oper.
6. All exterior street improvements shall be constructed prior to issuance of a
Certificate of Occupancy 'of the new sanctu'ary to the satisfaction of the
Di rector of Pub,l ic Services'.
7. Street improvements that include, but are not 1 imi ted to:
X a. Sidewalks e. Cross gutter
X b. Driveways f. All eygutter
X c. Wheel chair ramps X g. Street paving
X d. Curb and gutter h. Alley paving
'shaH be constr;uctecl pri,orto the occupancy of the,'units to tile s,ati'sfacti'on
of the Di rector ,of Pubhi'cSei:v.i'ces,.
8. All damaged off-site public works facjlities, including parkway trees, shall
be repaired or replaced prior to exoneration of bonds and improvements, to
the, satisfaction of the Department of Publ ic Services.
9. Prior to aQywork"bejngperformect in the 'publ.ic right-of-way, a public works
permit ?ha'l;J. be, cibtaine'd' from the Publ'it :Services office and appropriate
fees pa i d, .in addHion to 'any Othi:r permits re qu ired.
10. Street improvements shaT'l be made inacc'ordance with City Ordinance stan-
dards for Urban streets Local Collector (Section 12.20.070 and 12.20.080 of
the 'Ci ty Code). ,
.
0883
.
Resolution No. P-88-96
Page 10
11. The developer shall pay the Traffic Mitigation Fee at the established rate
at the date the final inspection or the date the certificate of occupancy is
issued, whichever occurs later; but a security deposit must be posted prior
to issuance of a building permit.
J. DRAINAGE AND FLOOD CONTROL
1. Intersection drains will be required at locations specified by the Director
of Public Services and in accordance with standard engineering practices.
2. A drainage system capable of handling and disposing of all surface water
originating withjn the project, and all surface waters that may flow onto
the proje,~t 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.
3. Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
4. 'concentrated fl ows, acros s dri veways and/or si dewa 1 ks shall not be permitted.
------ K. UTILITIES
1. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Public Services.
2. The developer shall be responsible for the relocation and undergrounding of
existing public utilities, as required.
3. 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.
4. Pri or to acceptance of property for sewer servi ce, annexation to the sewer'
improvement area shall occur.
5. The applicant sha,T:l pay for, a water system analysis to estabiish the proper
size and lO,cation 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
and only when the on-site water main is required to be installed in conjunc-
tion with fire hydrant installation.
6. The applic'ant shall, within 30 days after receiving approval of the use per-
mit, app,ly for a .Letter of Availability (LOA) to reserve sewerage availabi-
1 ity and post with the CHy, a ~onretundatJJe reservation fee equal to 20% of
the appropri'ate sewerage connection fee 'in ,effect at the time the LOA is
issued.
-.
.
0884
.
Resolution No. P-88-96
Page 11
7. Developer shall construct-,a' liglit,sysr~1ji conforming to City of Poway
Standards at no cos t to the pub n c, subject to the fo 11 owi ng:
a. Cut~off luminaries shall be installed which w.ill provide true 90 degree
cutoff and prev~Q;t projecti on of light above the hori zontal from the
lowest point' of the lamp or light emitting refractor or device.
b. All fixtu~es shall use a clear, low pressure sodium vapor light,
source.
c. Advance energy' cha~ges and Di strict: ,engineeringchargesshaJ] b,e paid
bJi the deve loper,
d. Annexation 'tottie, lfghtingdi stri ct shall be accomplished and evidence
ofannexatfon shall tie accomplished at the 'time of final inspecti on or
certificate of occup,ancy, whichever occurs' first.
L. GENERAL REQUIREMENTS AND' ,APPROVALS
The.conditional ~se permit shall expire on September 6, 1989 unless an
,application for time e~t:ensJon is received 90 ,days prior to expiration in
accordance wi th ,the- Cfty"s-Zon i ng ,oevel opment-'Gode..
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 6th day of September, 1988.
ATTEST:
'-.n::\~\~IC:jU(5):t
,l1arJone ~. wiiMsten,CltY Clerk
~