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Covenant Regarding Real Property 1998-0026092 , .~- ::;, ,,~.~'7". . 1'75'3 DOC . 1998-0026092 . --.' 'tk ,'. . .-" RECORDlllfG'REQUEST BY: ) f1-.D JAN 20.., 1998 10:58 AM ) CITYOF PO'lllAY ) OFFICIAL RECORDS ) SAN DIEGOCOIJNTY RECORDER'S OFFICE VvI-iE~:,REC9.R[)I;.[)'MAIL'TO: ) GREGORV J. SMITH, COUNTVRECORDER ) FEES: ' 64.00 CITY CLERK ) CITYOF'POWAY ) P () BOX 789 ) \\ll\~ Ill!\ 1\111 11111 1111 \\\~ll~U~ll\\l\l ll\l! 11111 \\11\ 1\1\ Illl POWAY CA92074-0789 ) ) No Transfer Tax Due ) . .. ~.\l ,"j, 't'o l' .~,' ," ::r ~: ..' '.. COVENANT REGARDING REAL PROPERTY Trident Homes of Califo-rnia{'OWI'!ER"herein'after) is:Jhe owner oleeal property, described in Exhibit A which is attached hereto and made a 'paii:hereofand which is commonly known as Assessor's,Parcel .". '-' ',.'.' .. , '. -' - - ,_...' ,-'" .' ---;,. Number 320-200-43 ("PROpERTY" hereinafter), In consideration of the ap, proval of Conditional Use Permit' 97-08 andConidit6naIUsePermit,9i:()9by the City ofPoway,("CITY" hereinafter), OWNER hereby,agrees to abide by conditions of the attach~d'resoluiion (Exhibit B), This Covenant shall njn,with the lan'd and be binding upon and inure to the benefit olthe future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective,parties, In the event that Conclitional Use Permit 97-08 and Conditional"Use Permit97-0~' expires or is rescinded by City Council at the request,oUhe OWNER, CITY shall expunge this Covenant from the record title ofthePROPERTY, In the event of litigation,to,enfofce the provisions of this Cov,enant, the, prevailing party shall be entitled to full reimbursement olall costs, InCluding reasonable attorneys'feesi'from the other party, Dated: /~ 9'---,9 p ~'~,~- . -r. .,---- Trident Homes'ofCalifornia V1 ce Pres; dent OWNER (Notarize) GITY OF POWAY Dated: IJi /7~f';7 By: ~d~ >:~ .,j;' . , t 7',54 . U:GAL DESCRTPF[ON ',., J\ :J,;,~r~'-, PARCEL, 1" TJ:lE PORT!IWEE;T QUARTE,R ,Of SECTION 2,6, TowNsHIp 1,4 S.oUTH; RANGE 2 WEST, SAN iBERNARDHICl, :MEH,ID;I:[ill; :IN THE CITY OF POWAY, 'COlJNT,Y OF 'SAN DIEGO, STATE OF, CALIFO~IHA, ACCORDING' TO THE OFFICIAL PLAT THEREOF, EXCEP,TINGTHAT PORTION OF THE EAST HALF OF SAID "NORTHWEST ,QUARTER LYING N()RTHE!,STlmLY OF THE CENTER LINE OF THAT 60 FOOT E,ASEMENT FOR ROAD PURPOSES DESCRIBED INDEED TO THE COUNTY OF SAN DIEGO, RECORDED j<PRIL 4, 1924 IN BOOK '751-, PAGE 369 OF DEEDS, ALSO, EXCEPTING THAT, p'ORTION OF THE NORTH HALF OF SAID, NORTHWEST QUARTER DESCRIBED 'AS FOLLOWS, BEGINNING, AT THE NOR,HWEST, CORNER OF SAID SECTION 26; ,T!lE;NCE SOUTH 00,0 19' 5,3" ,VjEST" ALO]\lG THE WESTEgLY LINE THEREOF, 437,00 FEET; THENCCE SOUTH 860 51' 34" EASY" 28} ,},€, XEET;, THENCE SOUTH 850 53' 30" EAST, 261.'05',FEET; THENCE SOUTH 890 '50' 5,7" EAST/,360,,53 'PEET,'THENCCE NORTH 5'20 3'1'3,7'" EAST', ',i4'ii.:i5 FEET; THENCE NORTH 600 40' 53" EAST, 146,18 FEET; 'THENCE NORTH DO' ii, ,20'" WEST', 85,55 FE'ETTO A POINT ON A NONCTANGENTCURVE CONCAVE SOuTHERLY HAVING"A'RADIUS OF 6000,00 FEET, A RADIAL 'TO SAID POINT ,'BEARSNORTH 02' 43' 01" WE,ST; THE~CE EASTE~LY ALONG THE ARC OF SAIDCURYI! THROU,G,H ,A CENTRAL ANGLE OF 0.00, 14' 26" A DISTANCE OF 25,19 FEET ;THENCCE: NORTH 8,70 31.'. 25.'" EAST; 178.. 29 FEET TO A POINT ON A TANGENT CURVE CONCAVE ,NORTHERLY, ,HAVING' 'A ,RADIUS OF 1971, 00 FEET; 'THENCCEEASTERLY ALONG THE ARC. OF SAID CURVE'THROlJGH A CENTRAL ,ANGL'E OF 06' 47' "16:' ,A 'DISTANCE OF 233,45 FEET TO A POINT ON THE! WESTERLY RIGIlTcOF-WAYOF OLD POMERADO ROAD AS DESCRIBED IN DEED TO THE COUNTY OF SAN DI-EGO RECORD?P'APRIL 4, 1924 TN BOOK 751 AT PAGE ,369 OF DEEDS 'IN THE ,OFfICE Of THE, RECQRDE,R ,OF SAID SAN DIEGO COUNTY, SAID POINT ,BEING ON ~,C~VE CO}jCAYE 'ImRTHEAsTERLY HAViNG A RADIUS ,OF 103'6,00 FEET, A RADIAi.; TO SAIDI,POINT BEARS:SOlJTH 43'0 26' 29" WEST; THENCE NORTHWESTERLY ALONG THE: ARC ,OF SAID, CURVE" BEING'''ALSO THE' WESTERLY RIGHT-OF-WAY' OF SAiD OLD POMERADO ROAD, THROUGH A CENTRAL ANGLE OF 050' 40' 35" A DISTANCE' OF 102",04 fEE']\ THEl<CE NORTH 400 48' 32" WEST CONTINUING ALONG S.AID WESTERLY RIGHTcOF-WAY 123 ~08 'FEjO;Tj; THENCE LEAVING 'SAID WEST,E.RYiRIGHT~,OF-WAY NORTH 370 26,' 30" EAST, 30,:64 FEET TO THE INTERSECTION OF THE NORTH LINE' OF SAID SECTION 26 AND THE CENTERLINE OF'SAID POMERADO ROAD; THENCE .NORTiC89,O 52,' 20" WEST ALONG' SAID NORTH 'LINE OF SAID SECTION '26, 1429,'79 FE'ET" MORE'OR LESS, TO THE POINT OF BEG;rN1HNG, ALSO' EXCEPTING THEREFROM, CITY Of PO WAY TRACT NO, 88-04R, TN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALI-fORNI-A, ACCORDING TO MAP THEREOF NO, 13364, FILED IN THE OFFICE OF THE COUNTY RE,COI<J?ER OF SbN DIEG.O COUNTY ,ON OCTOBER'l 7, 1996, ". " , "",' .:!';'.: ,.>~;'j;;~::: .. ' . :':.~:~: -;:.~~::~,~:! :<:: . ~ : '. .., " .' ~~. "io - '. ,;" :-:.~:, ......,.,.',. -:',' .':'.. :'-;.':' '.'~ . '.,', " ":'.' -': " ",,'... EXHIRLT,P, ';'C~~;FORN"A ALL.PURPol ACKNOWLEDGMENT 1'W , State of CALIFORNIA County of On JANUARY 9, 1998 ORANGE before me, JOSEPHINE C CHIEN, NOTARY PUBLIC Dale Name and Tille 01 Officer(e.g., "Jane Doe, Notary Public") personally appeared DANIEL ZAU Name(s) oISigner(s) [)g personally known to me o proved to me on the basis of satisfactory evidence f~ . ~c'o:.: . 1 :1 ; ~..' , " COMM, ". 1015051 z z . -.,., ,., Notary Public - Cant6rnJa ~ j' ORANGE COUNTY - , . My Comm. ExpIres JAN 20, 19981 ~ ~ ~ - - - - - - - - - - to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. . o-f-S;~"ol~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: COVENANT REGARDING REAL PROPERTY Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: DANIEL ZAU Signer's Name: o Individual III 'Corporaie Officer Title(s): VICE PRESIDENT o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: . Top of thumb here o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: TRIDENT HOMES OF Signer Is Representing: CALIFORNIA, INC, <<:I 1996 Nationa! Notary Association' 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 . 17. RESOLUTION NO. P-97-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TPM 97-08, DR 97-34, CUP 97-08 and 97-09 ASSESSOR'S PARCEL NUMBER 320-200-43 WHEREAS, the applicant requests a tentative parcel map for five parcels and a common parcel for slopes and landscaping, development review for six commercial buildings within a shopping center, and two conditional use permits for a gasoline station with mini market (CUP 97-08) and drive-through fast food restaurant (CUP 97-09) for the 5.65 acre (net; 8 acre gross) lot located at the southwest comer of Scripps Poway Parkway and Pomerado Road in the South Poway Planned Community, and; ., " .., ". ,--.., - WHEREAS,on December 16,1997, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. , NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findings: The City Council finds that this project will not have a significant adverse impact on the environment and hereby issues a Negative Declaration with Mitigation Measures. Section 2: Tentative Parcel MaD Findinos: 1. The approved project is consistent with the General Plan and the South Poway Specific Plan in that it proposes to create six parcels (five for commercial buildings and one for common area slopes and landscaping) from a lot designated for South Poway Commercial use. 2. The design and improvements required of the tentatlveparcel map are consistent with all applicable general and specific plans; in that the approved parcel sizes and configurations adhere to the development standards of the South Poway Specific Plan. ' 3. The site is physically suitable for the type of development and the density proposed; in that the site is large enough to accommodate six parcels, with the five to be used for commercial purposes having dimensions that are in keeping with the South Poway development standards. EXHIBIT B . . . 1757 . Resolution No. P- 97 - 67 Page 2 4, The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or other habitat in that the site has been rough graded. No natural habitat remains on the site. 5. The tentative parcel map is not likely to cause serious public health problems in that City water and sewer services are available to the property. 6. The design of the tentative parcel map will not conflict with any easement by the public at large, now of record, for access through or use of the property within the proposed subdivision, Section 3: Develooment Review Findinas: 1. The approved project is consistent with the general plan in that the site is designated for commercial development. 2. That the approved project will not have adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties in that it will be located on a 6.65 acre commercial pad utilizing architectural features complementary to the adjacent Rolling Hills Estates homes. 3. That the approved project encourages the orderly and harmonious appearance of structures and property within the City, in that the building shapes, materials and colors blend with, and complement the nearest residences under construction, Section 4: Conditional Use Permit Findinas: 1. The project is consistent with the General Plan and the South Poway Specific Plan which designates this site for commercia'! use. 2. That the location, size"design, and operating characteristics of the gasoline station with mini market (CUP 97-08) and fast-food restaurant with drive-through (CUP 97- 09) are in accord with the title and purpose of this resolution, the purpose of the land use designation in which the site is located, the Poway General Plan and the South Poway Specific Plan; in that the subject property is located in an area designated for commercial development and the uses are allowed with the approval of a conditional use permit. 3. That the location, ,size, design, and operating characteristics of the gasoline station with mini market (CUP 97-08) and fast-food restaurant with drive-through (CUP 97- 09) will be compatible with and will not adversely affect orbe materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, in that the . . 1758 . Resolution No. P _97-67 Page 3 use will be located in an area designated for commercial development and the site is 630 feet and 760 feet'to the nearest residences under construction in Rolling Hills Estates, and the impacts will be similar to other uses which are permitted by right on the property. 4. That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses, 'because the site will be developed with facilities and buildings which have been designed to be compatible with surrounding structures. 5. That there are available public facilities, services, and utilities, because the use will be located in a development where all necessary facilities are in place to the periphery of the property and can be readily extended and the design of the facilities anticipated the development of the site with commercial uses.. 6. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the use(s) will be located within an existing planned commercial area and appropriate conditions have been included to mitigate any potential impacts. 7. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Transportation Element, in that the use(s) will operate out of a commercial center where existing street improvements and off-street parking are adequate and the scale of the proposed activity does not exceed assumptions ,made when traffic impacts for the commercial center were reviewed in 1987 and in a November 1997 traffic study as discussed under finding #4. 8. That the site is suitable for the type and intensity of the use, in that it is an area designated for commercial use and the intensity of use proposed is less than that which is allowed by the applicable development standards. 9. That there will not be significant harmful effects upon environmental quality and natural resources in that best management practices are required and will be implemented to minimize the potential for any accidents or 'spills and the site is located whhin a planned commercial center. 10. That there are no other relevant negative impacts of the development that cannot be mitigated. Section 5: Citv Council Decision: The City Council, hereby approves TPM 97-08, DR 97-34, CUP 97-08 and CUP 97-09 subjectto the following conditions (conditions marked with an asterisk' are environmental mitigation measures): . . . 1759 '. Resolution No. P _97 -6 7 Page 4 Conditional Use Permit 97-08 (Gasoline Service Station with Mini-mart) COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. 1. Within 30 days of approvaL(1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. i ; 2. The use conditionally granted by this permit shall hot be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding, residential and commercial uses. 3. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the conditions of approval, or the Planning Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification or revocation of the use permit. The first annual review is to be done by the City Council and include an evaluation of the Treadwell Drive and Pomerado Road ingress/egress. 4. No deliveries or parking lot sweeping are allowed between 10 p.m. and 7 a.m. 5. The hours of operation shall be 6 a.m. to midnight for the gas station. The convenience store shall observe the same time restriction. 6. No parking is allowed on the portio~ of Treadwell Drive adjacent to the ingress/egress. Conditional Use Permit 97-09 (Fast-food Restaurant with Drive-through) 1. Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. 2, The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses. . . . 1760 Resolution No. P -97 - 67 Page 5 " , 4.* Catalytic oxidizers shall be .installed on the charbroiler to reduce emissions of smoke and odor to meet Air Quality Management District requirements and ensure that the use does not produce odor that is detectable off-site. t. 1 I ~ 3.* Sound levels on all ordering equipment shall be regulated so that it is not audible off-site. A visual order confirmation board shall be provided to facilitate lower sound levels, 5. Adequate trash containers shall be provided inside and outside and the area shall be patrolled for litter frequently throughout the day. , 6. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the permit is not in compliance with the conditions of approval, or the Planning Services Department has received complaints, the required annual review snail be set for a public hearing before the City Council, to, consider modification or revocation of the use permit The first annual review is to be done by the City Council and include an evaluation ofthe Treadwell Drive and Pomerado Road ingresslegress, 7. No deliveries or parking lot sweeping are allowed between 10 p,m, and 7 a.m. 8. The hot:Jrs of operation shall be 6 a,m. to midnight for the fast food restaurant with drive-through, 9. No parking is allowed on the portion of Treadwell Drive adjacent to the ingress/egress. Develooment Review 97 -34 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 building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits, The rear elevations of the commercial buildings shall be enhanced from the vantage point of the future Rolling Hills Estates residents, 3. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. . . . 1761 Resolution No. P _97 - 6 7 Page 6 3. 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 applicable codes and ordinances in effect at the time of building permit issuance. 4. The developer shall integrate building, roof materials and colors into the design of the commercial developmentthat is complementary to the models for the adjacent Rolling Hills Estates residential development. 5, Street addresses shall be assigned by the Planning Services Department prior to prior to the issuance of building permits. 6. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast with their background color. 7. Mail boxes shall be installed according to a plan which is acceptable to both the Post Office and the Director of Planning Services. 8, Trash receptacles shall be enclosed by a six foot high masonry wall with view- obstructing gates pursuant to City standards. Locations shall be subject to approval by the Planning Services Department. 9 All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. 10.* Any underground fuel tanks shall be of double-walled construction and shall utilize all appropriate technology to minimize the possibility. of fuel spills. 11. The proposed stairway traversing the slope from Treadwell Drive into and out of the commercial center shall be eliminated due to concems abou(compliance with the Americans with Disabilities Act (ADA). 12. For a new commercial development, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees. These fees shall be paid prior to building permit issuance. 13. School fees shall be paid at $0.30 per square foot of floor area for commercial before issuance of building permits, . . 1762 Resolution No. P -97 - 67 Page 7 14, Prior to any use of the project site or business,activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 15, This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. PARKING AND VEHICULAR ACCESS 1. All parking lot landscaping shall include a minimum of one 15 gallon size tree for every three spaces, For parking lot islands, a minimum 12 inch wide walk adjacent. - -, to parking stalls shall be provided and be separated from vehicular areas by a six inch high, six inch wide portland concrete cement curb. 2. Parking lot lights shall be low pressure sodium and have a maximum height of 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 25 feet wide. A minimum of 25 feet wide emergency access shall be provided, maintained free and clear at all times during construction in accordance with Safety Services Department requirements, 4, All parking spaces shall be double striped. The parking lot design shall comply with the Americans with Disabilities Act, Le. 1 :25 ratio for accessible spaces with at least one van accessible space. 5. All recommendations of the traffic study submitted with this application shall be complied with. LANDSCAPE IMPROVEMENTS 1. Complete landscape construction documents shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements (latest edition). 2. Existing on-site trees shall be retained wherever possible and shall be maintained in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous trees shall be approved for removal at the discretion of the Planning Services Department during the review of the Master Plan of existing on-site trees. Living trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Services Department. . '. . 1763 , Resolution No. P -97-67 Page 8 3, Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway Guide to Landscape Requirements and shall be planted at an average of 30 feet on center spacing along all streets. 4. Landscaped areas within'the adjacent public right"of-way shall be permanently and fully maintained by the owner. 5. All landscaped areas 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 to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted, 6. Use of recycled water will be required for on-site landscape irrigation. Each site shall have a designated user supervisor who has attended the San Diego County Water authority user supervisor class. County of San Diego Dept of Environmental Health will assess fees for the following activities: _ a. b. c. Site Plan Check Shut Down Test** Title 22 Inspection $200,00 avg. cost* $320.00 avg. cost* $ 80.00 avg. cost* * based on full cost recovery; actual fee amount may vary ** shut down test is required at initial installation and at least every four (4) years on sites with both recycled and potable water. SIGNS 1. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. 2. A Comprehensive Sign Program for this development shall be submitted to the Planning Services Department for review prior to issuance of building permits, Approval shall be by the City Council. ' RECREATION On lots having a private or public equestrian/pedestrian trail on or adjacent to their property, the developer is required to include the following statement in the CC&R's, : In purchasing the commercial lot, have read the CC&R's and understand that said lot is subject to an easement for the purpose of allowing equestrian/pedestrian traffic. . . . 1764 Resolution No. P -97 - 67 Page 9 ADDITIONAL APPROVALS REQUIRED 1. * Working drawings shall include a certification by a recognized acoustical expert that the requirements of the City of Poway's Noise Ordinance will be met. 2 The applicant shall provide verification of State Board of Equalization notification and that appropriate reviews andlor approvals have been accomplished to the satisfaction of the Director of Administrative Services. COMPLlANCEWITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE SHAll BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. SITE DEVELOPMENT For a new commercial development, the applicant shall pay development fees at the established rate. The following fees, including but nol'limited to water base capacity, sewer line charge, and reimbursement agreement fees shall be paid prior to parcel map approval or building permit issuance, whichever occurs first. Permit and plan check fees shall be paid upon submittal of map, improvement and/or grading plan, as applicable, All other fees, including but not limited'to , water service fees, remaining sewer connection, sewer c1eanout, and sewer inspection fees shall be paid prior to building permit issuance. GRADING 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan' and geotechnical report, accepted grading practices and the South Poway Planned Community Development Standards. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work at first submittal of a gradinglimprovement plan. 3. A pre-blast survey of the surrounding property shall be conducted to the satisfaction of the Director of Engineering Services prior to any rock blasting. A blasting permit shall be obtained from the Engineering Services Department prior to any rock blasting, Seismic Recordings shall be taken for allblasting and blasting shall occur only at locations and levels approved by the Director of Engineering Services. 4. The gradinglimprovement plan prepared on a standard sheet of mylar at a 20 scale or larger by a registered civil engineer shall be subject to review and approval . . 1765 . Resolution No. P - 97 - 6 7 Page 10 by the Planning and Engineering Services Departments and shall be completed prior to issuance of a grading permit. 5. All new slopes shall be a minimum of 2:1 (horizontal to vertical), 6. A final compaction report shall be submitted and approved prior to issuance of building permits, 7, A certification of line and grade, prepared by the project civil engineer, shall be submitted prior to issuance of building permits. 8. Buildings and parking lots shall be at least five feet,from tops and toes of slopes, unless waived by Planning and/or Engineering Services Departments prior to grading permit issuance. 9. If the pad elevation increases by greater than two feet in height from those approved on the tentative map or on the schematic grading plan used as a basis of approving the project, City Council approval will be required prior to grading permit issuance. 10. Non-supervised or non-engineered fill is specifically not allowed, Rock disposal areas shall be graded incompliance with City-approved soils investigations and recommendations and grading plans. 11.* Erosion control, including but not limited to desiltation basins, shall be installed and maintained from Oct. 15th to April 15th, An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan, The developer shall make provisions to insure the proper maintenance of all erosion control devices throughout their intended life. STREETS AND SIDEWALKS 1, All public streets shall be constructed to City standards and specifications. 2, All street structural sections shall be submitted to and approved by the Director of Engineering Services prior to improvement plan approval. 3. Improvement plans for streets and any other public utility lines, prepared on standard sheets of mylar by a Registered Civil Engineer shall be submitted for approval by the Director of Engineering Services Department. Plan check and inspection fees shall be paid by the developer. . . eo 1766 Resolution No. p_97-67 Page 11 4. A Standard Agreement for the Construction of Public Improvements shall be executed by the developer prior to map approval, or prior to building permit issuance, whichever comes first. Appropriate securities shall also be posted with the submittal of the Standard Agreement to the Engineering Services Department. 5. All street and any public improvements as noted in the Standard Agreement for Construction of Public Improvements shall be constructed within the time limit imposed in said agreement, to the satisfaction of the Director of Engineering Services. 6. Street improvements shall include, but are not limited to : X Sidewalks- X Driveways X Wheelchair ramps X Curb and gutter X Striping and signs - X Cross gutter X Alley gutter X Street paving Alley paving Street improvements and maintenance shall be made in accordance with City Ordinance standards for: Urban streets 7. All damaged off-site public works facilities, including parkway trees, shall be repaired and replaced prior to exoneration of bonds and improvements, to the satisfaction of the Director of Engineering Services. 8,. The developer shall acquire an encroachment permit for any private improvements placed within the public right-of-way. 9, Prior to any work performed in the' public right-of-way or City-held easements, a right-of-way permit shall be obtained fromthe Engineering Services Department and appropriate fees paid, in addition to any permits required. 10. Private street improvement plans shall be processed as a grading plan. Said plans shall be prepared on standard sheets of mylar by a Registered Civil engineer and shall be submitted for approval by the Director of Engineering Services, r:'lan check and inspection fees shall be paid by the developer. The grading plan shall be approved and securities posted prior to final/parcel map approval or building permit issuance, whichever comes first. The securities shall be posted with a standard agreement which requires the developer to construct the facilities within two years of execution of the agreementor prior to building permit issuance, whichever comes first. The security, for performance, shall be 100% of the cost estimate approved by the Director of Engineering Services. The requirement for a 50% payment and 10% warranty securities is waived due to the fact that this is not a public improvement. . . . 1767 Resolution No. P _97 - 6 7 Page 12 11. A monumentation bond in an amount acceptable to the Director of Engineering Services shall be posted prior to final/parcel map approval. 12. Driveways shall have a minimum width of 30 feet and shall be designed as an alley apron with ten foot minimum radius. Where driveways are adjacent to sidewalks, pedestrian ramps shall be required, 13, Existing settlement monuments shall be identified on the gradinglprivate improvement plans and protected during construction, Monuments shall be permanently protected or relocated when they conflict with the permanent improvement. 14. The developer shall abide with the comments and provisions of the existing traffic study. 15. A transition and deceleration lane shall be constructed at the entrance to the site on Scripps Poway Parkway designed to the latest "Caltrans standards. Transition lanes and island shall be constructed at the entrance to the site on Pomerado Road. The storm drain in Scripps Poway Parkway shall be modified to allow for these improvements. 16. Reciprocal access and maintenance agreements shall be provided insuring access to all parcels over private roads, drives or parking areas and the maintenance thereof to the satisfaction of the Director of Engineering Services. Said agreement shall be in a form approved by the City Attorney and shall be executed and recorded in the office of the San Diego Recorder prior to occupancy. DRAINAGE AND FLOOD CONTROL 1, Intersection drains shall be required at locations specified by the Director of Engineering Services and in accordance with standard engineering practices, 2.* A drainage system capable of handling and disposing all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Engineering Services to properly handle the drainage. 3, Portland cement concrete gutters shall be installed where water crosses the roadways. 4. Concentrated flows across driveways and/or sidewalks shall not be permitted. . . 1768 . Resolution No. P -97-67 Page 13 5, On-site drainage, shall connect to the existing stub and install new connections unless otherwise approved by the Director of Engineering Services. UTILITIES 1, All proposed electricallcommunicationlCA TV utilities within the project shall be installed underground including existing electrical utilities less than 34,5 KV along Circulation Elementroads andlor highways. 2. Utility easements shall be provided to the specification of the serving utility companies and the Director of Engineering Services. 3. The developer shall be responsible for the relocation and undergrounding of existing public utilities as required. 4. Water, sewer, and fire protection systems shall be designed and constructed to meet' the requirements of the City of PoWay and the County of San Diego Department of Health. ' 5. The applicant shall pay fora water system analysis to establish the proper size and location of the public water system. The amount shall be determined by the cost of the analysis and shall be paid prior to submittal of improvement plans. 6. Developer shall construct a lighting system conforming to City of Poway standards at no cost to the public, subject to the following: a. Cut-off luminaires.shall be installed whichwill provide true gO-degree cutoff and prevent projection of light above the horizontal plane from the lowest point on the lamp or light emittin9, refractor or device. b. All fixtures shall use a clear, low pressure sodium vapor light source, c. Advance energy charges and District engineering charges shall be paid by the developer, d. Annexation to the lighting district and evidence of annexation shall be accomplished at the time of final building inspection or issuance of a certificate of occupancy is issued, whichever occurs later. 7. Existing telephone, gas. electric, water, sewer, and other public utility lines and appurtenances shall be shown on the grading /improvement plans. 8. All on-site private sewer mains shall be constructed to public sewer standards and specifications and shall be shown on the grading/improvement plans. . . 1769 . Resolution No. P - 97-67 , Page 14 9. Water ana sewer main lines and appurtenances that will be installed at locations other than within public streets shall have an easement, a minimum of 20 feetwide for each line, dedicated to the City of Poway. Multiple parallel facilities will require additional easement width for on-site facilities. Dedication shall be offered on the final/parcel map or by a separate document recorded prior to building permit issuance, 10, All public utility lines (i.e., water, sewer, drainage) not located within public streets shall have an improved access over and along the respective easement, the surfacing and width of which shall be acceptable t6 the Director of Engineering Services. 11. An on-site reclaimed water system shall be sized and installed for landscaping arid -- irrigation to the satisfaction of the Director of Engineering Services. GENERAL REQUIREMENTS AND APPROVALS 1, Final and parcel maps shall conform to City standards and procedures, City subdivision ordinance, Subdivision Map Act, and Land Surveyors Act. 2, All easements and/or right-of-way dedications to'the City shall be recorded in the office of the Recorder of San Diego County prior to building permit issuance, All easements and/or right-of-way dedications to the City that islare within the limits of a subdivision shall be made on the final maplparcel map. All offsite easement dedications, by a separate instrument(s) other than a map, shall be recorded prior to final maplparcel map approval. A processing fee shall be paid to the City for all easements andlor right-of-way dedications made through a separate instrument(s) other than a map'. 3. This approval is based on the existing site conditions represented on the proposed site plan 'and grading/private improvement plan, Ifthe actUal conditions vary from those representations, the site plan must be changed to reflect the actual conditions. Any substantial changes to the site plan must be approved by the Directors of Planning and Engineering Services and may require City Council approval. 4, The applicant shall provide the City with a photo mylar copy of the recorded parcel map within 30 days from its recordation. 5. The developer.shall pay the Scripps Poway Parkway reimbursement prior to map approval. This fee i5$302,940.00 plus 81/4% interest per annum calculated from March 9, 1993. . . . 1770 Resolution No. P _ 97 - 67 Page 15 6, The development is currently shown as being ina f100dway and floodplain on the latest FEMA Flood Insurance Rate Map though the Scripps Poway Parkway drainage improvements removed this portion of Seeler Creek from the f1oodway. A Letter of Map Revision shall be processed through FEMA and completed prior to building occupancies being granted. 7. Thirty four (34) sewer connections were reserved for, this site of which half(17) were paid. The remaining 17 and any additional sewer'connections shall be paid prior to building permit issuance. The developer shall allocate the 34 connections to the individual parcels prior to map approval. COMPLIANCE Wn;H T.HE FOLLOWING CONDITIONS IS, REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF'SAFETY SERVICES. 1, Roof covering shall be fire retardant per USC Section 3203 (e) and City of Poway Ordinance No. 64. 2. The buildings shall display their numeric address, in a manner visible from the access street. Minimum size of building numbers shall be six inches on the front facade of building. Building addresses shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of.access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. 4. The buildings will be required to install an approved fire sprinkler system meeting P:M.C. requirements. The entire system is to be monitored by a central monitoring company, System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation, 5, An automatic fire alarm system shall be installed to approved standards by a properly Iic:;ensed contractor. System shall be completely monitored by a HL. listed centralstation alarm company or proprietary remote station. 6, A hood and duct extinguishing system shall be installed for all cooking facilities within the kitchen areas. Plans to be submitted and approved, prior to installation. 7. A "Knox" Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A "Knox" padlock shall be required for the fire sprinkler system Post Indicator Valve, . . 1771 . Resolution No, P - 97-67 Page 16 8. Fire Department access .for use of fire fighting equipment shall be provided to the immediate jobconstl1!ction sites at the start of construction and maintained at all times until construction is completed, 9, Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 10. Minimum 2A:10BC fire extinguisher required for every 3000 square feet and 75' travel distance. 11. The addition of on-site fire hydrants is required, The location of the hydrants shall be determined by the City Fire Marshal. 12. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass-all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphaltpaving shall bein place to provide adequate, permanent access for emergency vehicles., The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to thesatis.faction of the City. 13. N.F.PA Standard 704, Hazardous Material Labeling, shall be provided as necessary throughout the buildings. 14. The buildings exceeding 5,000 square feet and the large 27,500 square foot building shall be equipped with fire sprinklersystems. 15 Numerous additional fire hydrants shall be required; these shall beas per noted on plans by fire marshal. GENERAL REQUIREMENTS AND APPROVALS 1. The CGIl.R~,s andlor Articles of Incorporation of the Property Owners Association shall be subject to review for compliance with conditions herein, by the City Attorney and Director 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, . . 1772 . . ' Resolution No, P-97-67 Page 17 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 16th day of December, 1997. /'l~1-B' , Don Higginson, MaYOr) ~ - ATTEST: STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO) I hereby certify,":under the penalty of periury, that 't~~':above and foreg~ng is a true, ~d corred copy 01 Resolution No)-r~-6;7, as adopted"by' th~.'City ,Council of POwaY~lifo;nia on .th~ /6.4C day of ~:19 J::L.. MARJORIE K w A STEN, CITY CLERK I, Ma~orie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, underthe penalty of perjury, that the foregoing Resolution, No. P-97-67 , was duly adopted by the City Council at a meeting of said City Council held on the 16th day of December , 1997, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY; GOLDEY, HIGGINSON NOES: NONE ABSTAIN: REXFORD ABSENT: NONE N:\PLANNI NGIREPORnTPM970B,RES .