Covenant Regarding Real Property 1988-477407\
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"REC>FCfT' iN--'
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CITY OF POWAY
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88 SEP 21 PH 2: 19
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
" Vf~R.b, L. LYLEij
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CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
(This suace for Recorder's use)
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COVENANT REGARDING REAL PROPERTY
Leon W. and Barbara B. Parma, as truste'es, of ,the' ,Parma Family Trust,
("OWNER hereinafter) is the own'er of real property ,described in Exhibit A which
is attached hereto and made a part hereof and which is comrnonlyknown as
Assessor's Parcel Numbers 314,,221,01, 02, and 03 ("PROPERTY" hereinafter),
consideration of the app~oval of Tentative Tract Map, 87,OlR by the City of
("CITY" hereinafter)" OWNER hereby covenant,\ and agr<;,es for the benefit of
CITY, to abide by conditions of the attached resolution (Exhibit B),
In
Poway
the
This Covenant shall run with the land and be binding upon and inure to the
benefit of t~e .future ~~ers" e~cumbrancers, successors, heirs, personal
representatives, transferee~ .and assigns of the respective parties.
OWNER agrees that OWNER's duties and obligations under this, Covenant are, a
lien upon the Property" Upon notice and opporttlnitytore'spolld, the CITY may
add to the tax bill of OWNER any past due financial' obligation owing to the 'CITY
by way of this Covenant. 'Should OWNER elect to have Tentative .Tract Map 87,OlR
and Development Review 87 '03R: ';'acated then the CITY agrees to remove the
covenant and 'lien create'd herein.
If either party is' required to incur costs to enforce the provisions of
this Covenant, the prevailing party shall be eptit}ed to full reimbursemen~ of
all, costs, including reasonable attorneys.' fees;; fr()m the other party, The CITY
may ,assign to persons impacted ~y the performance of this Covenant the right to
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Dated: '>a,Pi i ,11 ~8' \... ~{6 _ Iv
I / OWNER~~'fu\ct.. B ,-p c0tJyylCL
Dated:
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CITY OF POWAY
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THE LAND REFER~ED TO HEREIN IS SITUATED
CAL,IFORNIA, COUNTY OF SAN DIEGO, AND I~
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.IN THE STATE OF
DESCRIBED AS FOLLOWS:
THAT PORT ION OF BLpC':< 22Qi' PI ERMONT, ACC;ORQING TO MAP THEREOF NO. 331,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27,
1887; THAT PORTION OF STANLEY ,COURT ADJOINING LOTS 1 AND 2 OF SAID BLOCK
22 ON THE WEST, AS VACA~EDAND CLOSED TO PUBLIC USE; THAT PORTION OF THE
10.00 FOOT ALLEY AND THE 20.00 FOOT ALLEY ,IN ~AID BLOCK 27. AS VACATED AND
CLOSED TO PUBLIC USE; AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WE~T, SAN
BERNARDINO MERIDIAN, ACCORDING TO, OFFICIAL PLAT THEREOF, ALL OF WHICH ARE
IN THE CITY OF POWAY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND
BEING DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNI NG AT THE I NTERSECHON OF THE CENTER' L.I NE OF BR I GHTON AVE, AS SHOWN
ON SAI,D MAP NO. 331" W ITHTHE EA,STERL Y PROLONGATION OF THE NORTHERLY LINE
OF SAID BLOCK 22; THENCE WESTERLY ALONG SAID PROLONGATION, TO AND ALONG
THE NORTHERLY L.INE OF SAID BLOCK 22, 136.00 FEET TO THE TRUE poINt OF
BEGI,NNr'NG; THENCE SOO'THERLY, P'ARALLEl.,,'WITH. THE EASTERLY LINE OF SAID
BLOCK, 98.00 FEET; THENCE WESTERLy, PARALLEL ~ITH THE NORTHERLY LINE OF
SAID BLOCK, 4.00 FEET; THENCE SOUTHERLY, PARALLEL WITH THE EASTERLY LINE
OF SAID BLOCK TO THE SOUTHE'RL Y LINE OF LOT.7 OF SA,ID BLOCK 22; THENCE
WESTERL Y ALONG SAID SOUniERL Y LINE AND THE ~ESTERL Y PROLONGAJION THEREOF,
Bb.oO FEET TO THE CENTER LINE, OF THE 20~00 FOOT ALLEY IN SAID BLOCK 22;
THENCE .SOUTHERL Y ALONG SAID CENTER LINE, 50.,00 .FEET TO AN INTERSECTION
WITH THE EASTERLY PROLONGA,hON OF THt"SOUTHERL Y LINE, OF LOT 5 OF SAID
BLoCK; THENCE WESTERL Y ALONG SA I D PROLONGATIl5N, TO AND ALONG THE
SOUTHERLY LINE OF,SflID LOT 5, 180.00 FEET TO THE SOUTHWES T CORNER OF SA I D
BLOCK 22; THENCE NORTHERL Y ALONG THE WESTERLY LI NE OF SA ID BLOCK AND THE
WESTERLY LINE OF THE SO'UTHEAST QUARTER OF. arE SOUTHEAST QUARTER OF SAID
~ECTION 12 TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF. SAID SECTION 12; THENCE EASTERLY ALONG THE NORTHERLY
LINE-OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER TO AND ALONG THE
NORTHERL Y' LI t:lE OF SAID BLOCK 22 TO THE TRUE' POINT OF BEG INN'I NG.
"ExHIBIT A"
1145845
PAGE
6
" GENERAL. ACKNOWLEDGMENT
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.* S,ta te of California
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" * County of San Dlego
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563
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On this the 9th day of
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Sept .'
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'1988
before
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Debra Lynn HilmaJ=.
the undersigned Notary Publi~, personally appeared
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'Leon W. )'arma, and BarbaraB. 'Parma
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, OFFICIAL SEAL ,', I
. DEBRA LYNN WILMOT .
Notary Public-California
Principal.Office In
San ,DIego County
M~ Comm, Exp, J~ne 16. .1989
~ personally known to me
[] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed
to the withi n instrument, and acknowl edged that they
executed it.
WITNESS my hand and offic ia 1 sea 1.
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Notary's Signature
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PARTNERSHIP ACKNOWLEDGMENT
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County of
On this the
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day of
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before
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me, *
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State of
the ,und~rsigned Notary Public, personally appeared
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[] personally known to me
[] proved to me on the basis of satisfactory evidence
to be the person(s) who executed the ~ithin instrument
,on behalf of the partnership~ and acknowledged to me that
the partnership executed it.
WITNESS my hand and official seal.
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"'. * Notary.'s Signature *
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CORPORATE ACKNOWLEDGMENT
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* State of
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* County of
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On this the
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, before me, *
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the undersigned Notary' Public, personally appeared'
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on the basis of satisfactory evidence to
who executed the within instrument as
or on behalf of the corporation
therein named, and acknowledged to me that the corporation *
executed it. *
WITNESS my hand and official seal.
[] personally known to me
[] pro~ed to me
be the person(s)
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Notary's Signature ~
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RESOLUTION NO. P-88-87
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE TRACT MAP 87-0'1 REVISED
AND DEVELOPMENT REVIEW 87-03 REVISED
ASSESSOR'S PARCEL NUMBER 314-221-Dl, 02, AND 03
WHEREAS, Tentat'ive Tract Map No. 87-01 Revised, hereinafter
"Map" and Development Review 87-03 Revised, submitted by Pacific
Scene Inc., applicant, for the purpose of subdividing and deve-
loping the real propert.y situated in the City of poway, County of
San Diego, State of California, described as a 3.l9-acre site
located on the southeast corner of Midland Road and Edgemoor Street
into a 38-unit condominium project, regularly came before the City
Council for public h",aring and action on August 9, 1988; and
,WHEREAS, the Director of Planning Services has recommended
approval of 'the projec,t subject to ,all conditions set forth in the
Planning services Depa~tment report; and
WHEREAS, the Ci ty 'Counci 1 has read and cons idered said report
and has considered other ,eyidence presented at the public hearing.
NOW, THEREFORE, the City Council of the City of poway does
resolve as follows:
Section 1:
Environmental Findinqs:
The City Council finds that the environmental impacts have been
given adequate reijiew through the Initial Study and Negative
Declaration issded on September 22, 1987.
Section 1:
Findcinqs:
Tentative Trac,t MaD Findi,nqs:
1. The tentat.iv~tr~ct is cohsistent with all applicable
general and ~pecific plans, in that the property is
designated for condominium development.
2. The design of improvements of the'tentative tract is con-
sistent' with all applicable general and soecific plans, in
that the 38-u'nit oroject complies '..i,th the required area
a:n~ density of the zone.
3. The site is physically suitable for the type of develop-
ment prooosed, in that the 3.19-acre site is flat and can
accomillodate and orovide the required building setback areas,
parking spaces and amenities.
"ExHIBIT B"
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565
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Resolution No. p-88-87
Page 2
4. The site is physically suitable for the density of
development proposed, in that the project's 38 units
within the 3;19-acre site has a density of 11.9 units per
acre. The permitted density is 7 to 12 units per acre.
5. The design of the ,subdivision is not likely to cause
substantial environmental damage and avoidable injury to
humans and wildlife or their habitat, in that required
:nitigation fees and public improvements will mitigate
environmental impacts.
6. The tentative tract is not likely tO,cause serious publi~
health probl~ms,in that City wat~~ ~hd sewer service will
be provided for the project.
7. The design of the tentative tractwi!.l not conflict with
any easement acq~ired by the public at large, now of
record., for access through or use of the property within
"he proposed subdivision.
8. The effect of the residential ,condominium on the housing
needs of the ,San Diego region has been considered and
oa1anced against the public serv.ice needs of poway resi-
dents and available fiscal and environmental resources.
9. The design ofth~ residential condominium has provided. to
the extent fea~ible, for future passive or natural heatini
or cooling opportunities in the development.
Development Review Findings:
1. That the proposed development is in conformance with the
poway General Plan, in that the density and type of use is
co;'sistent wifhthe General Plan designa'tion of Residential
Condominium.
2. That the proposed develooment will not have an adverse
aesthetic, health, saf'ety,or a'r<ehi,tectura11y related
impact upon adjoining properties because rooflines,
building materials, and architectural design are com-
patible with adjacent development and the "Old poway
Specific Plan" design guide1ine~.
3. That the proposed development is in compliance with the
Zoning Ord'i'nance, in that it meets all development stan-
dards for the RC zone.
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566
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Resolution No. P-88-87
Page 3
4. That the proposed development encourages the orderly and
harmonious appearance of structures and property within
the City because it will complement and blend with adjacent
development.
Section 3: c:itv Council Decision:
The City Council hereby approves Tentative Tract Map 87-01R and
Development Review 87-01R subject to ~he following conditions:
1. Within 30 days of approval: (1) The applicant shall sub-
mit in writ~ng ihat'a11 conditions of approval have been
re~d and und~f~tood; and (2) ~he property owner ~ha~l exe-
cute a Notice of , Restriction on Real property.
2. All roofs shall be concrete tile to the satisfaction of
the, Director' ~f Safety Services.
3. All signs proposed for this development shall be designed
in conformance wfth the City's Sign Ordinance for on- and
off-site subdivision signs.
4. Seventy-six ori-site garage spacas shall be provided to
City stand'ards,. The eastern elevat,fon of 'the garages
shall include architectural treatment and details con-
sistent with the western (front;), elevations and shall be
subject to the approval of the Director of Planning
Services.
6. A minimum distance of 25 feet, between two-story buildings
and 15 feet between the townhouses's enclosed ground level
patio areas shall b'e maintained. All private patio areas
shall be located outside of the required building setback
areas.
7. All utility connections shall be designed to coordinate
with the architectural elements of the site so as not to
be exposed except as necessary:. pad-moun'ted transformer
and/or meter box locations shai1 be screened.
8. A six foot high rence' consisting of bloc'~ pilasters, con-
nected with solid wood (cedar or redwood), is required on
the, rear (eas ter 1y) and ,side, (souther ly) property 1 i nes.
The specific design, material, and location shall be to
the satisfac'tion of the Director of Planni'ng Services.
9.
Two hundred fifty cubic feet of lockable storage space
shall be provided for each unit.
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Resa1utian No.. P-88-87
Page 4
10. Each unit shall cantain a haakup far washer and dryer.
11. At a minimum, three caver,ed trash enc1asures shall be
canstr,ucted to. City standards. Specific lacatian and
design shall be to. satisfactian af' the Directar of
Planning Services.
12. A detailed children's play area that incarparates the'nar-
mal ameniti'es (slides, swings, sa~nd. baxes" etc.) shall be
submitted and appraved by the Director af Planning
Services priar to. bui Iding permit, issuance.
13. The develapment shall prahibit all parking af recreatianal
vehicles by recardatian of a deed restrictian.
14. The detached garage space shall maintain a minimum
distance af five feet from an interior side ar rear lat
line and a minimum distance af ten feet fram buildings.
15. The applicant shall submit a detailed landscape plan far
the 20 faat,frant yard setback areas adjacent to. Midl'and
Raad and Edgembar Street. The pian shall incarparate a
meandering ,public sidewalk that ties into. the project's
internal walkway system, earthen berms three to. four feet
in he'ight, and landscaping. A ten foat pedestrian ease-
ment adjacent to. the public rig~t-of-way along Midland
Raad and Edgemaor Street shall be granted to. the City to
accammadate the meandering sidewalk. The design and laca-
tion shall be to. the satisfactian of the Directar af
Planning Services.
16. All private patio. areas shall be enc1ased, specific
materials and lacatian shall be to. the to. the satisfactian
af the Directar af, Planning Services. Each private patio.
shall canfain af ~e~st 10 per~ent. at the. flaar Btea af its
respective unit.
17. A revised landscape plan 'shall be submi t ted far apprava 1
by the Directar of Planning Services priar to. issuance af
bu'i1'ding permi ts. The plans shall incarparate a mixture
af trees, graund caver", and vines alang the eastern pra-
perty line to. screen garag~s fram the adjacent mabi1e hame
park.
18. 'Priar to. issuance af bui'lding permits, the applicant shall
submit an acoustical analysis of the prapased praject.
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Re:;;olution No., P'i38-87
Page 5
Building plans shall incorporate the .sound attenuation
measures recommended bv this' analysis sub jectto ,the
satisfaction o'f the Director of Planning Services.
19. The tot lot shall be enclosed by a' five foot high w,rought
iron or' other open fencing mater,ial: subject to the appro-
val of the Director of Planning Services.
20. proposed colors and materials shall be subject to further
review and approval of the Directot of Planning Services.
The following improvements shall becon'st,ructed to the satis-
faction of 'the Director of Safety Serv.ices:
1. One on-site h~drant as indicated on the site pian.
2. All access driveways shall be a minimum width of 24 feet.
3. Provide pro'per fire access and ,turning radius to the '
satisfac.tiG'il of. the City Fire Ma!:,shal.
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The following improvements shall be to the satisfact.ion of ,the
Director of public'Services:
Street Improvements
1. Midland Roadcon,tiguous 'Nith ,the project's westerly boun-
~ary shall b~ ~idened and im~roved to City of poway speci-
ficatii:>ns, to provide an 84 foot:, wide right-of-way, 64,
foot wi~e pave~eht, concrete cuib, gutter, and sidewalk on
the str,ee,t 's ,ea,,;:ter1 y side. Tqe sidewalk shall be
exten'd'ed nor,tnerly. and eas,ter.ly'to meet the existing
sou'therly' s'idewa1kof Edgemoor' Street.
2. 'The full pavement width of Egg""mo,or St:r,eet co'ntiguous' wi'th
the project's northedybound'ary shail be re-sur.faced, to '
City of Po way specif'ications ,to .adequately accommoda,te
'the increase in traffic.
3'. Existing drivew,;-ys that 'NUl be closed shall be replaced
wl'th concrete curb, gutter" and';'sidewalks per, City of
poway specifications.
4. Damaged curb" gutter, and sidew,a1ks alo,ng the, south side
of Ed~emoo~ Street shall be remove,d and replaced.
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Resolution No. p-B8-87
P,age 6
Water
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A looped pUblic water system ,shall beinstal11ed on site.
The ~iz~ and location ~hall be determined from a water
system analys'is to be prepared for this project and paid
for by the appl'icant.
The cost oft'he analysis shall be prpvided upon demand by
the City.
2.
Fire hydran,ts per City of poway specifications shall be
installed at locations to be determined by the City's Fire
Marshal.
Sewer
The sewer system to ehe east of the project is not adequate to
accommodate the ads)itiona1 impact from this project. 'A public
sewer main to servIce 'the project shall b,e installed in Midland
Road and Edgemoor Stree.t as necessary., The developer r s '
engineer shall ;study the capacity of the downstream sewer faci1-
i ties. r'f'inadequate' capac,i ty exists d"i}r.ectiy sou,th and west
of the project it may. be necessary to extend the new public
main to the inter~~ction of Janette Road and Midland Road.
Material specifi,cations and instal1at:ion pro'cedures shall be
per City of poway standards.
Drainage
1. A detailed hydraulic/hydrology analysis to determine, the
run-off to be ~r6duced by the development and its effect
on existing aClj."cent drainage,de,vices shall be submitted
to the City. S.l1ould the amount "of nin-of f produced by the
,development result in an amount that exceeds the capacity
of existing drainage devices, cQnstrqction of a<:tdi tional
drainage devices is necessary to mi tigat'e the effect,
Such devices shall be per ,City Engin.eer' s approv;a1.
2. The, 'aoplicant shall construct the master dra.inageimprove-
ments'a10ngMidland Road or ,pay 't"o .the City its or,O 'rata,
sha:re, of thE:' cost ,of constrtk,tihgthe' master drainage
olanned facilities in ~he deve~ooment area.
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Should the aop1icant choose to 'construct the master drainage
improvements". an imorovement 61a'n sh'al1 be submi tted f'or re'view
'and approv:aiby the'City sngi;'eer., Additionally, a
hy.dro1ogy/hydraulic analysis shall a1s'o be submi tted to verify
the adequacy' ofdesi gn.
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570
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Resolution No. P- 88-87
Page 7
If the applicant chooses to pay the p~o rata share of
constructing the master drainage facilities in the area, it
shall be caid to the City at the date of final building inspec-
tion or at the date, the certifica'te of occupancy i's issued,
~hichever occurs later. If the City has not determined the
amount bv that dat~ the aop1icant's engineer mus~ perfo~m the
necessary studies to determine those costs.
'11 see llaneous
1. '10 driveway shall be constructed on Midland Road.
2. Handicap/ped~strian ramps shall be constructed on all new
street intersection curb returns and alley-type driveway
returns.
3 .
Improvement plans sh~ll be prepared for the widening of
~lid1and Road, re-surfacing ,of Edgemoor Street, new water
and sewer m~i~ installation, and construction of master
drainage p1a~ned facilities. Said improvement plans shall
be submitted to the City for review and approval by the
Cit'y Engineer.
I
~rior to start of construction of the above improvements,
the applicant/developer shall execute a construction
'agreement and post the required securities prior to map
approval.
4. The ap~licant shall dedicate to the City an ~asement for
public water and sewer lines to be installed on site. The
minimum width shall be 20 feet.
Dedication shall ei,ther be made on the fi'na1 maD or by a
separate instrument recorded Drior to maD approval.
5. The applicant shall also dedicate to the City addi'ti'0118..l
street right-oE-way for Midland Road widening. The area
to be dedicated shall be that area required to attain an
ultimate 'lid land Road right-,oE-way of 84' feet.
Dedication shall either be made on the' final mao 0, by a
separate i,nstrument recorded ?rior to map approval.
6. All existing street signs affee:,ted by the "",idening of
'1id1and Road shall be relocated to locations approved by
the City Engineer. It shall be shown in the improvement
plans.
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571
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Resolution ~o. P-88-87
pageS
Simi~ar1y, all existing manhol~~. valve boxes" meter
boxes. etc., also affected by the street widening, shall
be reset to flush with the new finish grades.
7. Concurrent with the submit~al of improvement plans for
'1id1and Road widening and Edgemoor Str,eet resurfacing. the
appl-icant ',S engineer shall submit a plot plan showing
existing street lights on Midland Road at Edgemoor Stree,t
within a 5QO foot radius from the exterior boundary of the
oroject to facilitate layout of new lights.
8. A demolition permit is required for removal of existing
buildings.
9. A bus shelter shall be installed on Midland Road to the
satisfaction of the Directors of Planning and Community
Services.
,APPLICANT SHALL CONTACT T,fjE DEPARTMENT OF PLANNING AND BUILDING
SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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A. SITE DEVELOPMENT
~. Site snall be developed in accordance w~th the approved site
plans on file in the Planning Services Department 'and the con-
ditions contained herein.
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. Approval of this r,eques,t shall not waive compliance with all
sections of the Zoning Development Cbde and all other appl'i-
cable City Ordinances in effect at the time of building permit
issuance.
4. Trash receptacles shall be enclosed by a six foot high ma~onry
,wall wi th view-ob,structing gates Dursllant, to Ci ty s,tandards.
Locat:ion shall be subject to appro.va-l by the Planning Services
Depa:rt:nent.
5. All roof appurtenances, including air conditioners, shall be
architectbra11y integrated, shielded from view and sound buf-
fered ':crom adjacent properties and streets as requ'ired by the
Planning Services Department.
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572
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Resolution No. p- 88-87
Page 9
6. Prior to any use of the project ~ite or business activity being
commenced thereon, all conditions of approval :::ontained herein
shall be completed to the satisfaction of the Director of
Planning Services.
7. The applicant shall comply with the latest adopted Uniform
Bui 1ding Code" Uniform Mechanical Code, Un i r orm pI umbi ng Code,
National Electric Code, Uniform Fire Code, and all other appli-
cable codes and ordinances in effect at the time of building
permit issuance.
8. Prior to delivery of combustible building materials on site,
water and sewer systems shall satisfactorily pass all required
tests and be connect~d to the public water and sewer systems.
In addition, the first lift of asphalt paving shall be in place
to provide adequate, permanent access for emergency vehicles.
The final lift of aipha1t shall not be installed until all
other construction activity has been substantially completed to
the satisfaction of the City.
9. For new residential dwelling units, the apo1icant shall pay
development fees at the established rate. Such fees may
include, but not be limited to: Permit and Plan Checking Fees,
School Fees (in accordance with Citv-adooted aolicvand/or
ordinance), Watef ~n~ Sewer Servic~'Fees~. These f~es ~hall be
paid prior to building permit issuance.
10. The approval of D~ve1opment Review 87-03 shall become null and
void if building permits are not issued for this project within
one year from the date of project approval.
11. Building identification and/or addresses shall be placed on all
new and existing b~i1dings so as to be plainly visible from the
street or access road; color of identification and/or addresses
shall contrast with their background color.
B. PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall consist of a minimum or one
fifteen (15) gallon size tree ror every three (3) parking spa-
ces. For parking lot islands, a minimum 12 inch wide walk
adjacent to parking stalls shall be 9rovided 3~d ~e se9arated
from vehicular areas by a 6 inch high, 6 inch wide portland
concrete cement curbing.
2. Parking lot lights shall be low pressure sodium and have a
maximum height of eighteen (18) feet rrom the finished grade of
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Resolution No. p-88-87
Page 10
the parking surface and De 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 De provided, maintained free and
clear, a minimum of 24 ::eet '"ide at all times during construc-
tion in accordance '"ith Safety Services Depaortment require-
ments.
4. All parking spaces shall :::e double striped.
C. LANDSCAPING
1. A detailed landscape and irrigatIon plan shall be submitted to
and approved by the Community Services Department and Planning
Services Department prior to the issuance of building permits.
2. A Master Plan of the existing on-site trees shall be provided
to the Planning Services ':;eoar-tment orior to th'e issuance of
building permits and prior- to grading, to determine which trees
shall be retained.
3. Existing on-site trees shall De retained wherever oossible and
shall be, trimmed and/or '-:09ped. Dead, decaying or" potentially
dangerous trees shall De acproved for removal at the discretion
of the Plan~ing S~orvices Jepartmentduring the review of the
Master Plan of existing on-site trees. Those trees which are
approved for removal shall 6e replaced on a tree-for-tree basis
as required by the Planning Services Department.
4. Street trees, a minimum of 15 gallon size or larger, shall be
installed in aC,cordance '..i th the City of poway Ordinance and
shall be 'planted at an average of every 30 feet on interior
streets and 20 feet on exterior streets.
5. A minimum of 50 trees per :;r::oss acre, comprised of the
foll()wing sizes, shall be provided within the development; 20%
- 24" box or larger, 70% - 15 ga11on,and 10% - 5 gallon to the
s'atisfaction of ,t,he ;)irector of P1ann'ing Services and in accor-
dance with the approved landscape plan in all multifamily and
PRD ;:>rojects.
6. All landscaoed areas shall be maintained in a healthv and
th'riving condition, free ~rom we~ds, trash, and debris.
D. SIGNS
Any signs ;:>ropo~ed for this development shall be designed and
approved in conformance with the Sign Ordinance.
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Resolution No. p-88-87
Page 11
E. RECREATION
1. Parkland Dedication in lieu of payment of Park Fees, where
applicable, shall be made prior to final map approval.
2. The developer 'shall pay the Park Fee at the established rate at
the date or final inspection, or the date of ihe certificate of
occupancy, whichever occurs later.
F. EXIS,TING STRUCTURES - ~lONE
G. ADDITIONAL APPROVALS REQUIRED
1.
The,develo~er ~hall display a curr~nt Zoning' and Land Use Map
ih the sales 6ffice at all times, and/or suitable a1ter~ative
to the satisfaction of the Direcfor of Planning Services.
2. All sales maps that are distributed or made available to the
public shall include but not be limited to trails, future and
existing schools, parks, and streets.
(
3. The developer sha1r provide a noise display board in the sales
office to the satisfaction of the Planning Services Director.
The display shall include the site'plan and noise study.
4. Working drawings shall include a certirication by a recognized
acoustical expert that the requirements or the City or Poway's
noise ordinance will be met.
5. At the completion of construction, and prior to occupancy,
interior and exterior CNEL shall be determined by field testing
at developer's expense,. Tests to be conducted by a recognized
acoustical expert. No occupancy permits shall be granted until
Condition G-7 is met to the satisfaction of the Building Code
(latest adopted edition> "Sound Transmission Control."
APPLICANT SHALL CONTACT THE ~UBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. GRADING
1.
Grading of the s~bject
Uniform Building Code,
plan and geotechnical
property shall be in accordance Nith the
City Grading Ordinance, approved grading
report, and accepted grading practices.
2. The grading plan shall contain a certificate signed by a
registered civil engineer that the, grading plan has preserved a
minimum or 100 square feet or solar access for each dwelling
unit within the development.
.
575
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Resolution No. P~8-87
Page 12
3.
A soils reoor~ shall be oreoared by a qualified engineer
licensed S~ ~~e State of'Caiifornia to perform such work at
first submit~a1 of a grading plan.
4 .
A geological reoort shall be orepared by a qualified engineer
or geologist a~d submitted at'the time of application for
gradi~gc1an =~ec~.
5. The fi~a1 'l'radi~g plan shall be, subje,ct to review and approval
by ~~e Pla~ni~g Services and Public Services Department and
shall' be completed prior to re60rdation of the final sub-
division map or issuance of building permit, whichever comes
first.
6. A pre-blase survey of surrounding property shall be conducted
to the ~atisfaction of the City Enginee~ prior to any rock
blasting. Seismic recordings shall be taken for all blasting
and blasting shall occur only at locations and levels approved
by the City Engineer. '
I. STREETS AND SIDEWALKS
1. All Circulation Element roads ~hal1 be dedicated and improved
to Circulation E1emenc road standards and to the specifications
of the Direccor of Public Services.
2. Vehicular access rights to Circulation Element roads shall be
dedicaced ~o ~~e Ci~y of poway and labeled on the final map to
the satisfaction of the Director of Public Services or by
s~parate do~ument.
3. All interior and exterior cublic streets shall be constructed
to public street sta~dards.
4. Sidewalks 4.5 feet in width shall be required on one side of
Midland Road and Ed~emoor Street.
5. Street stripi~g and signing shall be installed to the satisfac-
ti.on -of ':~e Jirect.or of Public Servic-es.
6. Ali, s.tr.eet. structural 3ec~ions shall 'oe submitted to, and
approved by ~he )irector of Puo1ic Services.
7. Streee improvemene plans ,Jrepared on standard size sheecs by a
Registered civll Sngi~eer shall be sUbmiceed for approval by
ehe )irector of ?ub1ic Services. Plan check and inspection
expenses shall be paid by the developer.
~.
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576
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Resolution No. P-88-87
Page 13
8. All ~it~rior street improvements shall be constructed prior to
issuance of buildi~g permits, to the satisfaction of the
Direccor of Public Services.
9. Street improvements that include, but are not limited to:
X a . Sidewalks e. Cross gutter
X ::'. Driveways f. Alley gutter
;, c. ~"hee 1 cha i r ramps X g. Street pavlng
X J. Curb and gutter h. Alley paving
snaIl be constructed prior to the occupancy of the units to the
satisfaction of the Director of Public Services.
10. All damaged off-site public works facilities, including parkway
trees, shall be repaired or replaced, prior to exoneration of
bonds a~d improvements, to the satisfaction of the Department
of Public Services.
11. Prior to any work being performed in the public rieht-of-way,
an encroachment permit shall be obtained from the Public
Services office and, appropriate fees paid, in addition to any
other permits required.
12. Steeet improvements and maintenance shall be made in accordance
wich Citv Ordinance standards for Urban streets oee theCirculation
~lement (Midland and Edgemoorl.
13. The developer shall pay the Traffic Mitigation Fee at the
established rate at the date the 'final insoection or the date
the certificate of occupancy is issued, whichever occurs later.
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 capao1e of handling and disposing of all sur-
~ace water originati~g within the development, and all surface
waters that may flow onto the site from adjacent lands, shall
be required. Said drainage system shall include any easements
and structures as Jequir~d by the Director of ?ublic Services
:0 properly handle the drainage.
3. Portland cement concrete cross gutters shall be installed where
~at=r crosses the .roadways.
~
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578
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Resolution No. p-88-87
Page 14
4. The Master Plan of Drainage Fee shall be paid at the
established rate in accordance with the Drainage Ordinance at
the date o~ final inspection Dr at the date the certificate of
occupancy is issued, whichever occurs later.
5. Concentrated flows across driveways and/or sidewalks shall not
oe permitted.
K. UTILITIES
1. All proposed utilities within the project shall be installed
underground inc1udi~g existing utilities along Circulation
Element roads and/or highways less than 34.5 KV.
2. Utility easements shall be provided to the specification of the
serving utility companies and the Director of Public Services.
3, The developer shall be responsible for the relocation and
undergroundi~g of existing public utilities, as required.
f
4. Water, sewer, and fire orotection systems plans shall be
designed and const~ucted to meet requirements of the City of
Poway and ~he Health Department of the County of San Diego.
5. ~rior to acceptance of property for sewer ~ervice, annexation
to the sewer improvement area shall occur.
6. The applicant shall pay for a water system analysis to
establish the proper size and location for the public water
system. The amount will be determined by the cost of the ana-
lysis and shall be paid upon demand by the City.
7. Developer shall construct a light system conforming to City of
poway Standards "Old poway Street Li~hts" at no cost to the
public, subject to the following:
a. Cut-off luminaries shall be installed which will provide
~rue 90 degree cutoff and prevent projection of light
above =he horizontal from the lowest oaint of the lamp or
light emitting refractor or device. ' ,
b. All fixtures shall use a clear, low pressure sodium vapor
light source.
c. Adijance energv charges and Oistrict engineering charges
shall be Daid by the developer.
".:
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577
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Resolution No. p_8B-87
Page 15
d. Annexation to the lighting district .shall be accomplished
and evidence of annexation shall be accomplished at the
time of final inspection or certificate of occupancy,
whichever occurs first.
8. Cable television services shall be provided and installed
underground. The develo;Je:: shall notify the Cable company when
trenching for utilities ~s to be accomplished.
L. GENERAL REQUIREMENTS AND APPROVALS
1. A copy of the Covenants, Conditions and Restrictions ICC&R'sl
and/or Articles of Incorpo::ation of the Homeowners Association
shall be subject to the review for compliance with conditions
herein, to the satisfaction of the City Attorney and Dir~ctor
of Planning Services, and shall be filed with the Secretary of
State, the County Recorder and the City Clerk at the time of
final map consideration.
2. Final parcel and tract maps shall conform to City standards and
procedures.
3. All provisions of the SUOQIV1SOn Ordinance of the poway
~unicipa1 Code shall be met as they relate to the division of
land.
4. Those portions of ~ne sub~ect property proposed to be held
under common ownership shall be labeled such and identified by
a separate lot number on ~he final map.
5. Prior to final map approval, all dedications shall be made and
easements granted as required above.
6. The tentative map approval shall expire on August 9, 1990
unless an application for time extension is received 90 days
prior to expiration in accordance with the City's Subdivision
. Ordinance.
APPROVED and ADOPT~D by t~e City Counci.l qf the City of Po~ay,
State of California, this 9th ~av of August, 1988.
ATTSST:
f ...... ./
i,/J' /(//'/
~/C/(''''''{''L~,
'~obert C. ;::merY,...-Mayor
r
I n,:i..~~ I~ Jl'L-1--'- G:....
Marjorie,K. Wah1sten, City C1er~
\
'--'
~ .,.
,"'..
.
579
.
,'.;.- .
Resolution No. P-88-87
Page 16
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 perjurv, that the foregoing
Resolution, No. P-88-87 ,was du1v adopted by the City Council at
a meeting of said City Council held on the 9th day of August
1988, and that it was so adopted 8Y the following vote:
AYES: BRANNON, HIGGINSON, KRUSE, TARZY
NOES: EHERY
ABSTAIN: NONE
ABSENT: NONE
R/R-8-9.1-16
'-." '1 ,/1 ' ,
.: (':a..~L. < J lJ'a--->--s' c:
~arjorieIK. Wah1sten, City Clerk
City of poway
~