Covenant Regarding Real Property 1988-490181
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THIS:,(JOCUMENT IS BEING RE-RECORDED TO DELETE PARAGR.~PH 3
, 'PREViOUSLY RECORDED 7cnc88-DOCU. #88-355132
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RECORDING REl:.)UEST BY:
crTY 0FP<:WA,Y
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF PailAY
P.O. rox 789
rowAY, CA 92064
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88 SEP'27 PH 3: 57
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NO FEE
OOVENANl' REX;ARDING RFJiL PROPERTY
Poway Redevelop:nent Agep~, a political corporation ("CWNER!' hereinafter) is
the owner of real property d8scribed in Exhibit A which is attached hereto and
made a part hereof and 'Wl1ich is corrm::mly known as 13655. Poway Road ("PROPERTY"
hereinafter);. In consideration of the approval of Conditional Use Permit 88-04,
Develop:nent'Review 88-09" aJld Variance 88-03 by the City of Poway (i'CITY" '
hereimifter), avNERhereby covenants and agrees for the benefit of the CITY, to
abide by conditions of the attached resolutionfExhibit ,B).
This Coven~t shal]; run with the land and be binding upon and inure to the
benefit of the future CMners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
If either party is required to incur costs to enforce the provisions of this
Covenant, the prevail~l1g ,party shall be enti tledto full reimburserrent of all
costs, including reasonable,attorneys 'fees, frcrn the other party. The CITY rnay
assign to persons impacted by the performance of this Covenant the right to
enforce this Covenant against CWNER.
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Dated:
9-1'J-88
( ota lze)
,Dated:
9- /'7-[,18
CITY OF rowAY
By?k, ZJ~ - (IL,~/
(No need to " rize)
C!IDR....6....28.2
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1648
Co LI EnA....T RE'frA~.DlrilG-
. REAL. f'f<of'r:~'Y
C"" 88-0'1 DR 88-0'1) Vn-03
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STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
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On this ~ day of September, in the year of 1988,
before me CM'''y ..13Ro~Aw personally
appeared JR......~ L. ..13ot.;le,..so}( , personally known to
me (or proved to me on the basis of satisfactory evidence) to
be the person who executed this instrument as
C)(ec....,.,ve.. ..J)1,.e.c.Tor of THE POWAY REDEVELOPMENT
AGENCY, a public corporation organized under the laws of
California (Health & Safety Code section 33000 et seq), and
acknowledged to me that THE POWAY REDEVELOPMENT AGENCY
executed it.
WITNESS my hand and official seal.
~ Jj~~
Notary Public ~n and for said
State
[SEAL]
@ OFFICIAL,SEAL
", '--, CATHY BROM, W C
~ FIlblJo,Qdfomla
. IllfGO COUNTY
, My Camm, Elip. Apr; It. 18119
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1649
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EXHIBIT A
LEGAL DESCRIPTIDN
PARCEL A,:
Parcel 2 in the City of Poway, County of San Diego, State of
California as shown at page 15255 of Parcel Maps, filed in the
Office of the County Recorder of San Diego County, June 6, 1988.
PARCEL B:
An easement for ingress and egress, over, along and across that
portion of Parcell in the City of Poway, County of San Diego,
Stat'e of Californ:i:a, as shown at Page 15255 of Parcel Maps, filed
in the Office of the County Recorder of San Diego County, June 6,
1988, delineated as "mutual ingress and egress easement reserved
hereon," on said Parcel Map 15255, as granted to Chrysler Realty
Corporation, a DelawaJ:'e corporation, by this deed.
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RESOLUTION NO. P-88-73
A RES0LUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY., CADI FORNI A
APPROV'ING CONDITIONAL USE PERMIT 88-04
DEVELOPMENT REVIE~~8~09
.'>,ND VARIANCE 88~03
ASSESSOR"SPARCEL NUMBER 317-190-21, 40, AND .41
WHEREAS, Conditi6na'1 Use permi t 88 -04., Development Review
88-09, and Variance 88~03 submitted by Chrysier Realty Corporation,
Applicant, requests approval to constrtict lwo buildings for use as
an automobile sales and service business at 13655 poway Road in the
Commercial COn1munity zone; and,
WHEREAS, on June' 28,1988, the 'City Cotincil held a hearing on
the above referenced item.
NOW, THEREFORE, the Council does hereby resolve as follows,:
Section 1: Environmental Findings:
The City Council finds that the project will not, haVe asigni'-
ficaiit adverse impac~ on the envirohfuent and hereby issues a
Negative Declaration.
Section 2: Findings.:
Conditional Use Permit 88-04
1. That the 'l:oc,at;ion, size, design, and operating charac-
teristics of the proposed use ~ill be compatible with
ad'jacen~ uses;, in that the proposed automobile sales and
service business adjoins .other commercial uses on two
sides and whe're it ad joins residential uses, ~he con-
ditions of ,approval requireconst!'l!ction of an eight foot
block wall 'and a landscape buffer to separate the two
uses.
2. That the ,harmony in scale., bulk!, covera'ge, and densi.ty is
consi'stent with the adjacent uses; in ,that. proposed
buildings are similar in size to adjacent commercial
buildings. '
3. that there are available ptiblic facilities, servicesj and
uti'lities; in that sewer and water service is available
fot the project; in that sewer units were allocated to the
site through approval of the underlying map ('l'PM 88-04).
That there will be no harmful effe,ct upon desirable neigh-
borhood characteristics as the project's aC,tivi ties will
be btiH,ered from ad'ja'cent businesses and residences, by
walls and landscaping.
4.
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Resolution No. P- 88-73
Page 2
5.
That the generation of traffic will not adversely' impact
the surround'ing streets and/or the City's Circulation
Element; in that the Circulation, Element assumed
Commercial Community use on this site and the levels of
traffic generated by this p'rojectwip not exceed levels
normally expected of commercial developme'nt.
6. That the s'ite is suitable for the type and intensity of
use or development which is proposed, in that the size and
topography of the site will accommodate the proposed deve-
'lop~entwi~hout the need for excessive grad'ing and the lot
coverage is well below the'maximum which would be per-
mitted by ibne standards.
7. That there'will not be significant harmful ef,fects upon
environmentalqtial i ty and ni'l:tura'l resources in that the
site does not contain signj,ficant natural features or
resources' due to previous dis:ttirbance and to the fact that
it is surrounded by eXisting,c'ommercial, industrial, and
resident'ial development on all s'i'des.
8. That there are no other relevant negative impacts of the
proposed use that cannot be mi t'igated because the con-
ditions of 'appr,oval include mi tiga tion measures wh ich
address all potential adverse ,impacts.
9. That tohe impacts, as described above, and the location of
the proposed use will not adversely af-fectthe City of
Poway General Plan for future as well as present develop-
ment; in that the General Plandesi'gnates the site for
commercial use and adjacent land has already been or will
soon be fully developed.
De~elopment Review ~8-09
1. That the, proposed development is, in conformance with the
poway General Plan in that 'the automobile sales and ser-
vice busin'ess' is a commer.cial use arid the Gener,al plan
des,ignat'es the property for commercial development,.
2. That the proposed development will not have an adverse
aesthetic~health, safety, 6r architecturally related
impact upon ad'joining propert'i'es; in that the bui Iding
design with recommended modificati'ons uses materials and
colors from the Commercia,l Design Element of the General
Plan and the ,buildings aredesigne'd to be compaUble wi th
other commercial development along poway Road.
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Resolution No,. P- 88-73
Page 3
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That the proposed development'is in compliance' with the "
Zon,ing Ordinance; in that the project meets or exceeds the
appl,icable 'standards of the. CC zone.
4. Th~t th~ proposed development encourages the Orderly and
harmoni'ous appearance of structurE;!sand property within
the City; because it will blend wi'th adjacent commercial
structures, and is located in 'an area planned for commer-
cial development.
Variance 88-03
The City Council does hereby d~ny the variance for the height
location of the wall sign on the following findings:
1. There are not :any special circ,umstances applicable to the
property ot ,the intended use tha't depri ve the~ property of
privileges enjoyed by other proper,ties. The sit~ is flat
and is sLmilar in size to other automobile sales and ser-
vice businesses in Poway.
2. The granting of the variance is not necessary for the pre-
serVation and enjoyment of a stibstantial property right
enjoyed by c~her properties in the same zone and vicinity.
Other automobile sales and service bU'sinesses have
constructe'd walL. signs in compliance' wi th the 20 foot
height ITmit {or"'STgn'-location.
3. Granting the var,iance would cons,titute a special privilege
inconsistent with the limitations upon other properties in
the same zone and vicinity.
The City CounciL dOes hereby approve ,the vari'ance for a partial
relief of the tequired five foot la,ndscapestrip along the
easterly, proper,ty line.. Specifica'lly,the Council gr,ants
re,Hef of :the ,five foot landscape strip adjacen,t to. the block
wall froin theeas,terly gates of the car storage area south to
the ,block wall located ten feet north of the southerly property
U:ne on the fol1owingf indings:'
1. That there are special ci'r,cllms,tances applicable to the
property and the intended USe of the car storage area, and
because of this, the stric,t application of the Zoning
Development ordinance would, deprive the property of privi-
leges enjoyed by other PFoperties in the vicinity and
under identical zoning classification. Pbway Creekf lows
along the southerly property line. A concrete box culvert
will be constructed as part of the Capital Improvements
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Resolution No. P- 88-73
Page 4
Program to control flooding of poway Creek. The clllvert
will be cons,tructed within the area of the requir,ed
landscape str,i P. Public Services does not permi ttrees to
be planted' over drainage facilities, because the roots can
damage the ;structure.
2.
That the granting of the variance is necessary for the
preserva'ticin and enjoyment of a substantial property right
possessed by other properties in the same zone and vici-
ni tyand denie.d to ,the property ,for which the variance is
sough,t. Other commercial sf teshave been developed with
automobile ~~les and servic~ business an~ have been per-
mitted full use of the site.
3.
That thegriinting of the variance will not be materially
detr imen tal to the public hea.lth, ,safety or ,welfare; or
injurious t& ~he property or improvements in sfich vicinity
and zone in which the property is located. Granting the
var iance .wil1 'protect the public safety, because
restrict'in'g trees over drainage fac ili ties protects the
lining of the cu'l vert.
4 .
That the granting of this variance does not constitute a
special priVilege inconsistent with the limitations upon
otherpfoperties in the vicinity ?nd zone in which the
prope~by is situated in that the Planning Services
Depar,tment would recommend ,approval for other lots wi th
similar development limitatioils.
That the granting of this variance ,does not' allow a use or
activity which 'is not otherwise expressly authorized by
the zoning regulations governing .the parcel of property.
That the' gr~'n'ting of the variance or its modification will
nO,t be incompatible with tne General Plan in that the sit'e
is des'ignated for commercial development and the City'
encourages autoffi'obile sales and serv,ice uses to loc~'te in
the area.
Sec,tion 3: City Council Decision':
Conditional Use Permit 88-04, Development Review 88-09,and
Variance 88-03, for which plans are on file in the Planning
Depa'rtment, ar,e hereby approved, subject to the following
conditions:
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Resolution No. P- 88-73
Page 5
1.
Within 30 days of approval: (1) The applicant shall sub-
mit in writing that all conditions of approval have been
read and understood; and (2) the property owner shall exe-
cute a Notice of Restriction on Real Property.
2 .
The applicant shall prepare a revised landscape plan which
meets the approval of the Director of Planning Services
prior to iS~uance of building permits. The plan shall
include th~ following elements:
a. Substitute the proposed,pine tree with another 24
inch box specimen that provides a dense landscape
screen, add shrubs, and increase the number of trees.
b. Increase the number of trees within the interior of
the lot on a ratio of one tree per three required
parking spaces.
c. Submit a substitute bush for either tam juniper or
dwarf pittosporum.
The building materia1s.forthe showroom elevations shall
be submitted to determine conform?nce with the design ele-
ment of the General Plan. The Director of Planning
Services may require, upon review of alternative eleva-
tions, require 'wood facings over the 50 inch wide band
which is shown as "exterior plaster" on the building para-
pet., Additionally, the split face concrete block pillars
which are proposed along the north edge of the display
building, could be changed to wooden pillars, or the pro-
posed pillars could be faced with wood.
4. The exterior lighting plan shal~ be metal halide lights on
an automatic timing device which turns off the lights at
11:00 p.m. The lighting plan for the car storage area
shall be revised in such a manner that th'e lights a're
directed away and do not shine upon the residentially
zoned properties. In additIon, lights shall not be
located upon the building which spill light upon or which
increase light impacts upon said oroperties.
5. ~ split face concrete block wall eight feet in height from
the highest grade of the site's property line shall be
constructed and maintained at the location shown on the
site plan. ~n earthen berm approximately two feet in
height shall be installed to visibly reduce the size of
the wall as seen from the resident~al properties to six
feet.
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Resolution No.
Page 6
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88-73
6.
The 20 foot wide chain link doors to the car storage area
shall be wood faced, or modified to screen the area Jr::lm
p'oway Road.
1. Outdoor speakers are prohibited. A substitute sales per-
son paging system shall be approved by the Director of
Planning Services.
8. All conditions of the underlying map, TPM 88-04, shall
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apply.
9. Planning Services Departm~nt' shall conduct an annual
review of this permit for compliance with the conditions
of approval or to address problems with the operation of
the use. If the permit is not in compliance or the
department has received complaints, the review shali be
set for a public hearing before the City Council to con-
sider modification or revocation of the permit.
10. School fees shall be paid prior to building permit
issuance.
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11. All landscaping shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
The trees shall be encouraged and allowed to retain a
natural form. Pruning should be restricted to maintain
the health of the trees and t6 protect the public safety.
Unnatural or excessive pruning should be discouraged.
12. All auto repair work including tune up work and engine
"revving" sh~ll be done inside the repair building.
13. The applicant shall prepare a plan showing how oil, gas,
and other waste liquids wil,l be disposed of and controlled
so as not to create a nuisance or hazard to the public.
Such plan shall also indicate how on-site drainage will be
handled. This plan shall be submi.tted to the City for
review and approval prior to the issuance of building
permits.
14. Inoperable vehicles shall not be stored on the site any
longer than is necessary to complete their repair. The
applicant shall provide records to oer~it enforcement of
this condition upon request by the City.
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Resolution No. p- 88-73
Page 7
15~ The auto repair building's bay door on the east side of
the building shall be equipped with a self-closing mecha-
nism, and shall be weather-stripped to prevent noise
leakage.
16. The bours of operation for the automobile facility shall
be restricted from 7:30 a.m. to 6:00 p.m. Monday through
Friday, and 8:00 a.m. to 4:00 p.m. on Saturday.
17. The noise level generated by the auto dealership is not to
exceed five decibels above the ambient noise level
. measured at the southeast 'and south property lines.
18. CUP 88-04, DR 88-09, and VAR 88-03 shall expire on June
28, 1989 unless building permits are issued. A time
extension application must be ~ubmitted by March 28, 1989
and approved :prior to the expiration date.
Safety Services
The ~ollowing improvements shall be installed to the satisfaction
of the Director of Safety Services:
1. Three new fire hydrants shall be installed. The City Fire
Marshal will locate the hydrants" two on Poway Road and
one on-site.
2. An automatic fire sprinkler system is required for the
entire building. Plans shall be submitted to the Fire
Department for approval prior to the start of installa-
tion. The sprinkler system sha~l be monitored by a
central monitoring company. The post indicator valve for
the sprinkler system shall be eqUipped with a tamper
switch, Knox security lock, and also be monitored.
3. The' building address shall be located facing POlo/ay Road
wi th ,numbers targe enough to .be seen from POlo/ay Road. The
address shall also be pai~ted on the roof of one structure
to the Department of Safety Services specifications.
4.
A "Knox Box" rapid entry system' is required.
wilL be de,termi.ned "y the: CitY-Fi're",larshal.
The location
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5. Designated fire lanes will be required, cur" markings, and
signs shall be provided.
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Resolution No. P-88-73
Page 8
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All toxic substances and hazardous materials shall be
disclosed and Material Safety Data Sheets provided to the
Fire Department upon occupancy. ~n emergency contingency
plan shall be completed with the San Diego County Depart-
ment of Health, Hazardous Material Department.
Public Services
The following improvements shall be installed to the satisfac-
tion of the Director of Public Services:
1. The developer shall reimburse to the City, prior to
issuance of the Certificate of Occupancy, the redesign and
incremental construction costs that are required to
strengthen the City's box culvert so it may withstand the
loads that ~ill be added by the proposed structure.
2. If the developer chooses to have the City design and
construct the s,torm drain/box cuhcert connection struc,ture
for the underground drainage system to be located along
the easterly property line then the City shall be reim-
bursed for said costs by the developer prior to issuance
of a Certificate of Occupancy.
Street Improvements
1. Remove and replace broken concrete curb, gutter, and
sidewalk along the southerly side of poway Road contiguous
with the property frontage. Replacements shall be per
City of poway specifications.
2. Those existing ~riveways along the property's frontage on
Poway Road that are to be closed, shall be replaced with
concrete curb, gutter, and sidewaLk per City of poway spe-
cifications.
Water
1. Fire hydrants shall be installed at locations to be deter-
miriedby the City Fire 11arsha1. Material specifications
and installation shall be per City of poway standards.
2. A new water main shall be instar1ed from that existing
main in Poway Road into the site for a fire hydrant and a
service line. The size of said main shall be determined
by a water system analysis to be prepared by an engi-
neering firm designated by the City. Cost of said analy-
sis shall be paid to the City upon demand to prevent delay
in processing improvement plan checking.
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Resolution No. P-SS-73
Page 9
Drainaqe
1. The applicant may be required to install an underground
drainage system including appurtenant structures. Said
system shall include, but is not to be limited to,
construction of a curb inlet on the north side of Poway
Road ,and the installation of drainage piping to that pro-
posed box culvert to be constructed under the administra-
tion of the Ci ty "s Capital Improvement Pro ject section.
Any deposits previously colle6ted for this system shall be
credi~ed against the cost of construction.
2. A hydrology/hydraulic ca16ulations shall be submitted to
the City, concurrent with the submittal of improvement
plans, for verification of the adequacy of design.
Miscellaneous
1. A 20 foot wide water easement for the new water main
installation on site shall be. dedicated to the City prior
to issuance of a Certificate of Occupancy.
2. If required, a drainage easement, minimum width of 20
feet, for the underground drainage system shall be dedi-
cat'ed to the City prior to issuance of a Certificate of
Occupancy.
3. Street lights (two) shall be installed along the southerly
side of poway Road. The exact locations shall be indi-
cated by City staff on the improvement plan during the
plan checking process.
4. Improvement plans for the construction of public improve-
ments prep.red on standard size sheets (24' x 36" mylar)
by a registered Civil Engineer shall be submitted to the
City for review and approval by the Director of Public
Services.
5. Public improvements shall :nclude, but not be limited to,
installation of water main~ ,~nd street lights, construc-
tion of drainage system, and street related repair and
improvements.
6. Prior to issuance of a building permit, the above ~en-
tioned improvement plan shall be approved, the required
securities posted with the City, and the standard
agreement f~r its construction executed.
7. Provide sewer lateral with property line clean out five
feet west of center driveway center line,
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ResoIution No. P- 88-73
Page 10
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Co'ristruct on~site water main f,ive feet east of and
paralleling center drive center line.
9. The letter" height for the proposed 'wall sign shall not
exceed 30 ,inches and the sign shall be centered on the
northfacif,aof the building.
10. All othet pro~isions of the Poway Municipal Code sign
regulations shall be complied with.
APPLICANT SHALLCONTACT'THE DEPARTMENT Of PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
A. SITE DEVELOPMENT
1. Site shall be de~eloped in accordance with the approved site
plans 6n file in the Planning Services Depattment and the con-
di hons conta,inedherein.
2. Revised site pla'ns and building elevations incorporating all
conditions of approval shall be submitted to the Planning
Services Departinent prior to issuance of building permits.
3. Approval of this r.equest shall no,t waive compliance with all
sections of the Zoning Development Code and all other appli-
cable City Ordinances in effect at the time of building permit
issuance.
4. Trash rece~tacle shall be enclosed by a six foot high masonry
wall with vieW-Obstructing gates pursuant to City standards.
Location shall be subject to approval by the Planning Services
Department.
5. Arl roof appurtenances, inclUding ai'r. cond,i tioners, shall be
architecturally integrated, shielded from view and sound' buf-
fered.frorn adjacent properties and streets as required by the
Planning S~rvices Department. '
6. Prior to any use of the project s'ite or business activi,ty being
c9mmenced, thereon, all conditions' 'of abhr'oval contained herein
shall becoinpleted to the sati.sfaction';f the Director of
Planning Services.
7. The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical, Code, Uniform Plumbing Code,
National Electric Code, Uniform Fire Code, and all other appli-
cable codes and ordinances in effect at ~he time of building
permit issuance.
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Resolution No. p-88-73
PageH
B. pARKING' ANI) VEifICULAR ACCESS
1. All parking lot, landscaping shall 'consist ofa minimum of one
fift~eri lIS) gallon size tree for e~ery three (3) parking spaces.
For parking lot islands, a minimum 12 inch wide walk adjacent
to parking stai1s shaH be provided and be separated from
vehicular ,areas by a 6 inch high, 6 ,inch wide portland concrete
cement curbirig.
2. Parking lot lights sha1'l be low pressure sodium and have a
maximum heightq!' eighteen (18) feet from the finished grade of
the parking surface and be directed, away from all property
lines, adjacent streets and residences.
3. All two-way traffic aisles shall be a' minimum of 24 feet wide
and emergency access shall be prov,ided, maintained free and
clear, a minimum bf 24 feet wide at all times during, construc-
tion in accordance wi th Safety Services' Department require-
ments.
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 Departme'nt prior to the issuance of building ['ermi ts.
2. Street trees, a minimum of 15gall'on s'ize or larger, shall be
installed in accordance with the City of poway Ordinance and
shall be planted aL an average of every 30 feet on interior
streets and 20 feet on exterior streets.
D. SIGNS
Any signs propcised for this develooment shall be designed and
approved'in c,onformance with t!1e Sign Ordinance.
E. RECREATION - NONE
F. EXISTING STRUCTURES - NONE
G. ADDITIONAL APPROVALS REQUIRED
The applicant shall provide verification of State Board of
Equalization noti.fication and that appropriate reviews and/or
approvaL; have been accomp1is'hed tot'he satisfaction of the
Director of Administrative Services.
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Resolution No. P- 88-73
Page 1:2
APPL~CANT SHALL CONTACT THE PUBL~C SERV~CES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. GRADING
1.
Grading of the subject
Uniform Building Code,
plan and geotechnical
property ~ha11 be i~ accordance with the
City Grading Ordinance, approved grading
report, and accepted grading practices.
2. A soils report shall be prepared ~y a qualified engineer
licensed by the, State of Californ1'a to perform such work at
first submittaL of a grading pla~.
3. A geological report, shall be prepared by a qualified engineer
or geologist and' submitted at the' ti'rne, of applicat,ion for
grading plan check.
4. The final grading plan shall be subject to review and approval
by the Planning Services and Public Services Department and
shall be completed prior to issuance of the building permit.
5. A pre-blast survey of surrounding property shall be conducted
to the satisfaction of the City En~ineerprior to any rock
blasting. Sei'smic recordings shall betaken for all blasting
and blasting shall o,ccur only at locations and levels approved
by the City Engineer.
I. STREETS AND SIDEWALKS
1. All damaged off-site public wor~s facilities, including parkway
tree's, sha'11 be reoaired or replaced pr,ior to exoneration of
bonds and i~ptovements, to the satisf~ction of the Department
of Public Services.
2. Prior to any work b~in,g performed in the public right-of-way, a
pl.lblic works permit shall beobtaf'ned from the Public Ser,vices'
office and appropriate fees paid, in addition to any other per-
mits required.
3. The developer shall pay one half the cost of a City approved
landscaped med'ian along the ;:>ro ject fron tage (s) at the date the
:'inal building inspection or the date the Certificate of
Occupancy is issued, whichever occurs later, but a security
depo's'n, :nust be posted with the City',s Public Services
Dep'artment prior to buildi,ng per~it i;ssuance.
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Page 13
4. The deyeloper shall pay the Traffic Mit'igation Fee at the
established rate at the date of the final inspection or the
date the certificate of occupancy is iss,ued, whichever occurs
1ater,but a security deposit must be posted with the City's
Public Services Department prior to building permit issuance.
J. DRAINAGE AND FLOOD ,CONTROL
1. The proposed project falls within areas indicated as subject to
flooding under the ~ational Flood Insurance Program and is sub-
ject to the prOvisions of that program and City Ordinance.
2. A drainage system capable of handling and disposing of all sur-
face water originating within the development, and all surface
waters that may- flow, onto the development from adj'acent lands,
shall be required. Said drainage system shall inc'1ude any
easements and str.uctures as required by the Director of Public
Services to properly handle the drainage"
3. The Master plan bf Drainage Fee sharI, 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.
4. Concentrated flows across driveways and/or sidewal!<s shall not
be, pe rmi t ted.
K. UTILITIES
1. All proposed Utilities within the PFP1ect shall be installed
underground including existing ut'ilities along Circulation
Element roads and/or highways less than 34.5 KV.
2. Utility easements shall be provided to the speci~ication of the
serving utility companies and the Ditector of Public Services.
3. The developer shall be responsible for the relocation and
underg rounding of exi sting public u t'il i ties, as requi red.
4. Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requ'irements of the Ci ty or
poway and the Health Department of the County of San Diego.
S. Prior to acceptance of property for sewer serVice, annexation
to the sewer improvement area shall occur.
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Resolution No. P-88-73
Page 14
6. The applican~ shall pay for a water syst~m analysis to
establish the proper size and location for the public water
~ystem. The amount will be determined by the cost of the ana-
'lysis and shall be paid upon demand by the City.
7. The applicant shall" wi thin 30 days after receiving approval of
the use permit an4 development review, apply for a Letter of
Availability (,LOA) to reserve sewerage availability and post
with the City, a nonrefundable reservation fee equal to 20% of
the appropriate Sewerage connection fee in effect at the time
the LOA is issued if not already done.
8. Developer shall construct a light system conforming to City of
poway Standards at no cost to the public, subject to the
following:
a. Cut-off luminaries Shall be installed which will provide
true 90 degree cutoff and prevent, projection of light
above the horizontal fr,om the lowest point of the lamp or
light emi,tting refractor or device.
b.
Advance energy charges and District engineering charges
shall be paid by the developer.
c.
Annexation to the lightirtg district shall be accomplished
and evidence of ~nnexation shall be accomo1ished at the
time of' fina'linspection or certif'icate of occu!Jancy,
whichever occurs f'irst.
L. GENERAL REQUIREMENTS AND APPROVALS - NONE
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 28th day~f June, 1988.
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"RooerCC. Emery, ~a.y6r
ATTEST:
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Marjorie K. Wah1sten,City Clerk
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Resolution No. P-88-73
Page 15
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-88~73 ,was duly adopted by the City Council at
a meeting of said City Council held on the 28.th day of June
1988, and, that it was so adopted by the followi ng vote:
AYES: BRANNON, HIGGINSON ,KRUSE, TARZY, EMERY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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Marjorie K. Wahlsten, City Clerk
City of Poway
R/R-6-28.18-32