Covenant Regarding Real Property 1988-298555
rc
~~
~ ',;0/'-
, ../
~- ~/
.'
,,:;
.
. 8 B 29 8 5 5 5
'C:;""r'I",r.;i.rl)'"-'''''''
1_........., 'd~__", f,. I
QC':'-:jrl/L i":~I'-"""'l'~ f
,"or ~;~1~ 'bH:~;Htt0~/f\~:T~~, f
173,5
:REO)RDINGREYJUEST, BY:'
CITY 'OF ~y,
)
)
)
)
j
)
)
)
)
)
)
)
(This space for Recorder's use)
""~fl IW1: 2? HI' 8' 1'8
I ~,,~,~ ~..X~"i I .c:.. ~~-"j.. t .
WHEN. REO)RDED MAIL ,'lO:
L VE'fi~~" I'(! F I
Cotif'l,j Y f(r"[;C';iiiii'.:; ;
- . '_.,~)
CITY CLERK
CITY OF PCMAY.
P.O. rox 789-
PCWAY', CA92 064
~
"~
No Transfer Tax Due
CDVENANl' REX3ARDING RFALPROPERTY
$
'. '
GAMMA :77, Lt.d." a.OH'ifornfa Limited Partriersh'ip, l"CWNER" hereinafter) is
the owner of:r~l property .described in Exhibit A~fch, is attacned hereito and. I
made a parthereofand Wli'ich' is COlTllOrliy known'as ASsessor's Parcel Number '
314:"193-03 (';PR0PERTY,"hereinafter). In cOnsideratidn,of the approval of
TehtativeTr!3.d:)lap,1l7-'0}land Developrent Review 87-09 by the City of poway
("CITY" ,hereinafter), <:wNER hereby covenants and <l,greesfor the benefit of the
CITY, to abide by CXJcidi tions of the attached resO];ution (Exhibit B).
This cOvenant shall run with the land and :be binding upon and ,inure to the
'benefit .bf i:.hef1iture,~~.r:3,,~cwnbraricers:,successor;;,heirs, perSonai
representatives, transfer~s and assigns of the respective parties.
CMNER agrees that' 'rnNER's duties aild obligai:.i:()ns, under this cOvenapt are a
fren. upon the PFoperty.Up:,n notice and oppOr.t\.frii'ty'to ,respond, the 'CITI Il'<iy
,add to the taX. bdlof '~ any past due financial obligation cMing to CITY BY
way of this ,Covenailt.
If. either P?-t'tyis required to in= costs to, enforce t.I1e prm.:f,siqns' ()rJ.h~s
COVenant"the prevailing pi'l,rty'shall be entitled to full teimburserreht. of an
costs',iilcludfrig, reasdnaJJ!e, attorneys I fees, from. the 'other patty. The CITY may
~~:re~~~;?~o;;eM~
(.Notari ze )
Dated:
CI1:YOF ~y
0", /'~ ~
By !~ LU ..' ~../~
(Nq neecl,toNotariz
D:NJR-5-l0.l
./
,
LEGAL DBSCRIP,;r:e
UKDER N0. 4'0 llU,8-G
-" 1736
(e
Lots 6 and.., in B.1ock 10 of PIER-MONT, i,n'tl1e'County of ~.an
Diego, St'a:te of California, according to Map thereof No. 331,
fired in th'e 'OffTce of the County ,Recor,der 'of said San DJego
County, May 27, 18~7.
Together withtl1at portion of Aubre,y SJ:r.eet lying Nortl1 of and
a'djacent to sa'id Lot 6 and lying Eas.terly of the centeclTne 'of
the alley in said ,Block 10 and wes:terly of the Northerly
prolono,jation of the 'Wes.terly line of said Lot 7, as ,dosed and
vacated to public 'use by resolution recorded April 25, 1946 as
file No. 4517U and re-recorded May 17, 1946 as File No.
53347.
ALSO, 1:oyether'r(ith that portion o~ the East Half o~ th,e a'lley
in said Block 10' b'ounded on the We,stby' Lots 1 through Sand
on the East by Lot 6 in said Block 1'0" .lying Southerly of' the
South line of Aubrey Street and Nor,ther,ly of the North line of
Adrian. Street as. closed and vacated to publ,ic us~ by
resolution rec6rd~d April 25, 194~ as File No. 45170 and
re-recordedMa':{ 17, 194'6 as File No. 5'3347.
EXCEPTING from s'a'id Lot 7, the Easter1y 169.,00 feet thereof.
,',', GENERAL ACKNOWLEOGMENT
:;:~~ .* "*'. '*' * *~:* * '* *.-;~, '* * * *" '*-,
"" ..'
* State of
'.~ *
;\:1 * County of
;~~ *
,"
}3 *
.:; *
;~\i *
~.
-{
"
*
.V 1737
*,'. * * * * * * * "* * * * ** * . * * *' * *
* * * * * * * * *
before me, *
*
*'
On this the _ day of
) SS.
}
19
,
the undersigned Nolary Publ i c, personaTly appeared
*
*
*
*
*
*
[J personally known to me
[Jproved to me on the basis of satisfactory evidence *
to be the person(s) whose name(s) subscribed *
to the within instrument, and acknowledged that *
executed it. *
WITN'ESS my hand and offi:cial seal. *
*
*
, N9tary's Signature *
* *, * '* * * * * * 'j( * * *,'* * * *. * * * * * *, ,*. * * * * .* * * .*' * ~ * * *.:* "* * * *
r;;: *
~~ .*
-'l *
*
..,'
~~ :
tJ *
".,,:.~,!:', *
., * *' *; '*':* *
:}
:; PARTNERSHI P ACKNO"'LEDGMENT
t'; * *' *, *, .:* * * *. * * * * *, * * * ~ .* .*. ~ * * * * * * * * * .* * * * * * * * * * * * * * * * * * *
*
State of
..
*
'.
:.: *
County of
*
';.~i *
,:~:~ *
*
*
-.' *
.~ *
.\~ *;
" CORPORATE ACKNOWLEDGMENT
* * * * * *,.* * * * *.* * :.: *
'*State of'C.~l.',~",i...~\ i\.
- *
'.. * County of ,S~ ~;~~Il
*
*
*
*
''?: *
~
.;-~ *
..
~:; *
f,;' *
*
*
*
/*
*
~~,...:.::...,
~. ',' ..
} ,04:- _.~.
\.: , '
. ~"" ".'
OFFICIAL SEAL'
CHRISTINE L. STUCKEY
Noiary publlc-Callfornla
SAN'DIEGO COUNTY
My Comm, E'p, Nov, 20. 1990
*
..~ *
,~
'1 '*,: * *. * * .* *. *. * * * * * * "" *' +,
..''''.~'' :<.
On this the
) SS.
)
day of
19
before me, *
*
*
*
*
*
*
*
*
*
*}
the undersigned Notary"PubJit, ~ersonal~Y' appeared
[J persona lly known to me
[J proved to me on the basis of satisfactory evidence
to be the person(s) who ,executed. the with,in instrument
on behalf of the partnership, and acknowledged to me that
the partnership executed it.
WITNESS my hand and offi;Ci a:l seal.
* * *- * * * * * * * * * * *- *- *- * .* * *. * :* *- 1C* * * * * *' * * *
On this the i*"'- day of '1'v..rJE.. 19 Ii, 'before me,,*
SSe *
el\-~i5\',fo,)~ l.. 5tv..o;....~E. y
the undersigned Notary Publ ic, personally appeared
*
*
*
~biJ..,..
C.h:; l.:J) t.~~
l.,
*
*
*
*
*
*
*
~ persona lly known to me
[J proved to me on the basis of satisfactory evidence to
'be the person(~) who executed the within instrument as
'~~i::i:SW\ ' or on behalf of the corporation
therein named, and acknowledged to me that the corporation *
executed it. *
WITNESS my hand and official seal.
~N2~~~r:~ '. . ~~ ~ . ~ ~.
*
*"
*
*
..'-. . ,. .-. '" - ~-'",~
.-.,- ,_" ......~"'" ~,. or.,..,.._~,'"
~, ~'l./".,-
" "jl-
~..
r
.
.
1738
RESOLUTION NO. P- 8B~60
A RESOLUTION OF THE CITY CO.UNCIL
OF THE CITY OF PO WAY , CALIFORNIA
APPROVING TENTATIVE TRACT MAP 87-04
AND DEVELOPMENT REVIEW 87-09
ASSESSOR I S PARCEL NUMBER 314-19 3-03
WHEREAS, Tentative Tract Map 87-04 hereinafter "Map" and
Development Review 8)'-~9, submitted by Robert L. Childers Co.,
Inc., applicant, for the purpose of subdividing and developing the
real property situated in the City of Poway, County of San Diego,
State of California, described as lots 6 and 7 in block 10 of
Piermont, per Map 331 as filed May 27,1887, an 18 unit con-
dominium project on 1.59 net acres, regularly carne before the City
Council for public hearing and action on May 10, 1988 and
WHEREAS, the Director of Planning Services has recommended approval
of the project subject to all conditions set forth in the Planning
Services Department report; and
WHEREAS, the City Council has read and considered said report and
has considered other evidence 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 this project will not have signifi-
cant advers~ impact on the environment and hereby issues a
Negative Declaration.
Section 2: Findlnqs:
Tentative Tract Map Findinqs:
1. The tentative tract map is consistent with applicable genera~
and specific plans in that the property is designated ,for ,.
condominium development.
2. The design of improvements of the tentative tract map is
consistent with all applicable general and specific plans,
in that the 18-unit project complies with the required
area and density of,the zone and design guidelines of the
proposed "Old poway" Specific Plan and the adopted poway
Comprehensive Plan.
3. The sit~ is physically suitable for the type of develop-
ment proposed in that the 1.59 acre site is gently sloping
and can accommodate and provide the r~quired buildings
setback areas, parking spaces and amenities.
,
.'
.
1739
.
~;:
I :
Resolution No. P- 88-60
Page 2
4 .
The site is physically suitable for the ~ensity of devel-
opment proposed (12 units per acre) in that it is gently
sloping and rectangular.
5. The design of the subdivision is not likely to cause
substantial environmental damage and avoidable injury to
humans and wildlife or their habi ta't in that required.
impact fees and public improvements will mitigate environ-
mental changes.
6. The tentative tract is not likely to cause serious public
health problems", because it will. be served by public water
and sewer facilities.
7. The design of the tentative tract will not conflict with
any easement acq~ired by the ~ublic .at large. now of
record, for access through or use of the property within
the proposed subdivision.
8. That this project will not create adverse impacts on the
environment and a Negative Declaration is issued.
r
9.
The effect of subdivision on the hO,using needs of the San
Diego region has been considered and balanced against the
public service needs of poway residents and available
fiscal and environmental resources.
10. The design of the subdivision has provided, to the extent
feasible, for future passive or natural heating or cooling
opportuni'ties in the subdivision.
Developement Review Findinqs:
1. That the proposed development is in conformance with the
poway General Plan, in that the 'density and type of uSe ,i,s
consistent with the General Plan designation of Residential
Condominium.
2. That the proposed development wilt not have an adverse
aes,thetic, health, safety, or architecturally related
impact upon adjoining propertie. because rooflines,
building materials, and architectural design are com-
patible with adjacent development and the proposed "Old
poway Specific Plan" standards~
.
1740
.
Resolution No. P-88-60
Page 3
3. That the proposed development is in compliance with the
Zoning Ordinance, in that it meets all development stan-
dards for the RC zone.
4. That the proposed development encourages the orderly and
harmonious a~pearance of structures and property within
the City because it is similar to and complements adjacent
development.
Section 3: City Council Decision:
The City Cobncil hereby approves Tentative Tract Map 87~04 and
Development Review 87-09 subject to the following conditions:
1. Within 30 days of approval the applicant shall submit in
writing that all of the conditions of approval have been
read and understood and the property owner shall execute a
Notice of Restriction on Real Property.
2. All roofs shall be flat concrete tile to the satisfaction
of the Directors of Safety Services and Planning Services.
3. All signs proposed for this development shall be designed
in conformance with the City's Sign Ordinance for on- and
off-site subdivision signs.
4. 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-mounted transformer
and/or meter box locations shall be screened.
5. Walls or fences, six feet in height from the highest
finished graae, shall be required along the north, east,
and west property lines to the satisfaction of the
Director of Planning Services. The rear yard of each
dwelling unit shall be completely enclosed by fencing
acceptable to the Director of Planning Services.
6. Building addresses shall be clearly visible from access
roadways.
7. Fire hydrants shall be installed per City specifications
at locations to be determined by the City Fire Marshal.
8. No less than ten percent of the floor area shall be provided
as private open area per unit.
9. The development shall prohibit all pa.rking of recreational
vehicles by recordation of a deed restriction.
.
1741
.
Resolution No. P-88-60
Page 4
STREET IMPROVEMENTS
1. The street identified as "Au Street in the tentative map
submittal shall be improved to the City's Semi-Rfiral Road
- Local Collector Street standards {Section 12.20.070 and
12.20.080 of the City Codel.
Street improvement shall include, but not be limited to,
40 foot wide street paving, 4t foot wide sidewalk on both
sides of street, concrete curb and gutter, and
pedestrian/handicap ramps at all street corners. Cul-de-
sa.c shall have a minimum 38 toote radius street pa;r'i'ng
with similar sidewalk, curb and gutter.
Street right-of-way shall be 56',.00 feet wide on straight-
way portions while cul-de-sac shall have a right-of-way
width of 4,8,..00 feet minimum. Dedication to the City of
street rights-of-way shall be made on the parcel map.
2. Adrian Stteet, from Midland Rbad to a point oppo~-ite the
easterly boundary of the developcient shall be improved to
the City's Urban Road-Local Collector Street standards
(City Code Section 12.20.070 and 12.20.0801.
Minimum improvement shall include, but not be limited to,
the following:
a. Street paving of 24.00 feet wide within the northerly
34.00 feet.
b. Installation of concrete curb/gutter returns with
handicap/pedestrian ramps at the easterly cbrners of
Midland Road/Adrian Street intersection.
WATER
1. A new wat~r main shall be installed in Adrian Street from
the existing main in Midland Road to a point opposite the
development's easterly boundary and including "A" Street
as identified in the tentative map. The size of the main
shall be that as established by a water system analysis to
be paid for by the applicant upon demand by the Cit~.
Material specifications shall be per City of poway
standards.
SEWER
Reconstruct existing sewer in Adrian Way to proper alignment
and grade for future extension easterly.
.
" , 1 7,4 2
.
r
Resolution No. P- 88-60
Page 5
DRAINAGE
A detailed hydraulics/hydrology analysis to datermine the
runoff to be produced by the development and its effect on
existing dra,inage devices shall be submitted to the Ctiy prior
to or concurrent with the grading improvement plans submittal.
Should the amount of runoff produced by the development r~sult
in an amount that exceeds the capacity of existing drainage
devices, construction, of additional drainage devices and/or
modification to e~{ating devices is neces~ary to mitigate the
effect. Such devices shall be per City Engineer's approval.
MISCELLANEOUS
1. An improvement plan ~or the improvements to Adrian Street
and "An ~treet, including water main, sewer main and
street light installations, shall be prepared and sub-
mitted to the City for review and approval. Said plan
must be approved, standard agreemE;nt for the construction
must be 'executed, .and the required securities must be
posted prior to ,issuance of a building permit.
t
2.
A grading plan for the development of the property shall
be submiited to the City for review and approval prior to
issuance of a grading permit.
3. The project ~hall be annexed into the landscape maintenance
district to the satisfaction of the Director of Community
Services.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved
site plans on file in the Planning Services Department and
the conditions contained herein.
2. Revised site plans and 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 request shall not waive compliance with
all sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
building permit issuance.
r
.
.
1743
Resolution No. P- 88-60
Page 6
4.
All roof appurtenances, including air conditioners, shall
be architecturally integrated, shielded from view and
sound buffered from adjacent properties and streets as
required by the Planning Services Department.
5. 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.
6. Prior to delivery of combustible building materials 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 asphalt
paving shall be in place to provide adequate, permanent
access for emergency vehicles. The final lift of asphalt
shall not be installed until all other construction acti-
vi ty has be'en substantially completed to the satisfaction
of the city;
7.
For a new residential dwelling unit<s), the applicant
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 City-
adopted policy and/or ordinance), Water and Sewer Service
Fees. These fees shall be paid ~rior to building permit
issuance, except for fees for the construction of public
improvements which can be deferred until the date of final
inspection or the date the certificate of occupancy is
issued. Deferment of these fees can only be granted if
securities wili be posted with the City prior to building
permit issuance.
,
8.
This approval shall become null and void if building per-
mits are not issued for this project within one year frOm
the date of project approval.
'.
9. Street names shall be approved by ~he Planning Services
Department prior to the recordation of the final map, and
street addresses shall be provided prior to the issuance
of building permits.
10. 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 iden-
tification and/or addresses shall contrast with their
background color.
"
.
1744
.
['
Resolution No. P- 88-60
Page 7
B.
PARKING AND VEHICULAR ACCESS - No Conditions
C. LANDSCAPING
1. A detailed landscape and irrigation plan shall be sub-
mitted to and approved by the Public 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 pro-
vided to the Planning Services Department pr.ior to the
issuance of building permits and prior to grading, to
determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possibie
and shall be tr.immed and/or topped. Dead, decaying or
potentially dangerous trees shall be approved for removal
at the discretion of the Planning Services Dep,artmen't
during the review of the Master Plan of existing on-site
trees. Those trees which are approved for removai shall
be 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 accordance with 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 gross acre of common open space
shall be provided within the development. The mix of
trees shall be as follows: 20% - 24" box or larger, 70% -
15 gallon" and 10% - 5 gallon to the satisfaction of the
Director of Planning Services and in accordance with the
approved landscape plan.
6. ~he CC&R's for the project shall require all rear yard'
areas to be landscaped wi thin 180 days of occu'pancy and
shall require the landscaping to 'be maintained in a healthy
and thriving condition, free from weeds, trash, and
debris,
D. SIGNS - No Conditions
E. RECREATION
1. On lots having a private or public equestrian/pedestrian
trail on or adjacent to their property, the developer is
required to have contained within the C.C.&R,'s the
following statement: .
.
1745
.
Resolution No. P-88-60
Page 8
r
In purchasing the home, I have, read the C.C.&R. I sand
understand that said lot is subject to an easement
for th~ purpose of allowing equestrian/pedestrian
traffic.
2. The developer shall improve the equestrian/pedestrian
trail system i~ accordance with the adopted standards and
to the satisfaction of the Directors of community and
Planning Services prior to building permit issuance.
3. Dedicate the .Master planned equestrian/pedestrian trails
to the satisfaction of the Directors of the Departll\ents of
Public and Planning Services in accor~ance with the Master
Plan of Trails Element.
4. The developer shall pay the Park Fe~ at the established
rate at the date of final inspection, or the date of the
certificate of occupancy, whichever occurs later.
F. EXISTING STRUCTURES - No Conditions
[
G.
ADDITIONAL APPROVALS REQUIRED
1.
The developer shall display a current Zoning and Land Use
Map in the sales office at all times, and/or suitable
alternative to the satisfaction of the Director 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.
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. 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, and
accepted grading practices.
2. The ,grading plan shall contain a certificate signed by a
regist~t~d civil engineer that the grading plan has pre-
served a minimum of 100 square feet of solar access for
each dwelling unit and for each future building site
within the subdivision.
3. 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 grading plan.
~
.
1746
.
I
Resolution No. P- 88-60
Page 9
4.
A geological report shall be prepared by a qualified
engineer or geologist and submitted at the time of appli-
cation for grading plan check.
5. The final grading plan shall be subject to review and
approval by the Planning Services and Public Serv~ces
Department and shall be completed prior to recordation of
the final subdivision map or issuance of building permit,
whichever comes first.
6. If there is blasting to occur in conjuntion with grading,
a pre-blas't survey of surrounding property shall be con-
ducted to the satisfaction of the City Engineer prior to
any rock blasting. Seismic recordings shall be tak~n for
all blasting and blasting shall ~ccur only at locations
and levels approved by the City Engineer.
I. STREETS AND SIDEWALKS
1. All interior and exterior public streets shall be
constructed to public street standards.
2. Sidewalks 4.5 feet in width shall be required on both
sides of A Street and the north side of Adrian Street from
Midland Road to the easterly boundary of the project.
3. Street striping and signing shall be installed to the
satisfactio'n of the Director of Public Services.
4. All street structural sections shall be submitted to, and
approved by the Director of Public Services.
5. Street improvement plans prepared on standard size sheets
by a Registered Civil Engineer shall be submitted for
approval by the Director of Public Services. Plan check
and inspection expenses shall be paid by the developer.
6. All exterior street improvements shall be constructed
within the ~ime specified on the standard agreement for
construction of public improvem~nts, or prior to occupancy
of the units, whichever is sooner, to the satisfaction of
the Director of Public Services.
7. Street improvements that include, but are not limited to:
x
X
X
X
a. Sidewalks
b. Driveways.
c. Wheel chair ramps
d. Curb and gutter
X e.
f.
X g.
h:
Cross gutter
Alley gutter
Street paving
Alley paving
shall be constructed prior to the occupancy of the units
to the satisfaction of the Director of Public Services.
~
.
11747
.
Resolution No. P- 88-60
Page 10
8. All damaged off-site public works facilities, including
parkway trees, shall be repaired or replaced prior to exo-
neration of bonds and improvements, to the satisfaction of
the Department of Public Services.
9. Prior to any ~ork being performed in the public right~of-
way, a public works permit shall be obtained from the
Public Services office and appropriate fees paid, in addi-
tion to any other permits required.
10. Street improvements and maintenance shall be made in
accordance with City Ordinance standards for:
a. Semi-rural streets - local collector - for A Street
b. See special conditions for Adrian Street improvement
requirements.
11. The developer shall pay the Traffic Mitigation Fee at the
established rate at the date the final inspection or the
date the. cettificate of occupancy is issued, whichever
occurs later but must post a security for the full amount,
prior to building permit issuance.
f
J.
DRAINAGE AND FLOOD CONTROL
1. Intersection drains will be required at locations spe-
cified by the Director of Public Services and in accor-
dance with standard engineering practices, only if
required and necessary.
2. A drainage system capable of handling and disposing of all
surface water originating within the subdivision, and all
surface waters that may flow onto the subdivision from
adjacent lahds, shall be required. Said drainage system
shall include any easements and structures as required by
the Director of Public Services to properly hangle: the'
drainage.
3. Portland cement concrete cross gutters shall be installed
where water crosses the roadways~
4. The Master Plan Drainage Fee shall be paid at the
established rate in accordance with the Drainage Ordinance
at the date of final inspection or at the date the cer-
tifica,te of occupancy is issued, whichever occurs later,
but a security must be posted prior to building permit
issuance.
5. Concentrated flows across driveways and/or sidewalks shall
not be permitted.
,
r
r
. .\;.
.
.
-c 1748
Resolution No. p- 88-60
Page 11
K.
UTILITIES
1. All proposed utilities within the project shall be
installed underground including 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
undergrounding of existing public utilities, as required.
4. Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements' of ,the City
of poway and the Health Departmertt of the County of San
Diego.
5. prior to acceptance of property for sewer service, annexa-
tion 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 analysis and shall be paid upon demand by the City.
7. The applicant shall, within 30 days after receiving appro-
val of the tentative tract map and development review,
apply for a Letter of Availabili~y (LOA) to reserve
sewerag~ availability and post with the City, a nonrefun-
dable reservation fee equal to 20% of the appropriate
sewerage connection fee in effect at the time the LOA is
issued.
8. Developer shall construct a light system at locations to
,be determined by the City upon submittal of a plot plan
showing locations of existing street lights in Adrian
Street within a SOD-foot radius of the development and
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 pro-
vide true 90 degree cutoff and prevent projection of
light above the horizontal from the lowest point of.
the lamp or light emitting refractor or device.
b. All fixtures shall use a clear, Jow pressure sodium
vapor light source.
','\,.
.
.
1743
Resolution No. p-88-60
Page 12
c. Advance energy charges and District engineering
charges shall be paid by the developer.
d. Annexation to the lighting district shall be
accomplished and evidence of annexation shall be
accomplished at the time of final inspection or cer-
tificate of occupancy, whichever occurs first.
9. Cable television services shall be provided and installed
underground. The developer shall notify the Cable company
when trenching for utilities is to be accomplished.
L. GENERAL REQUIREMENTS AND APPROVALS
1. A copy of the Covenants, Conditions and Restrictions
(CC&R's) and/or Articles of Incorporation of the
Homeowners Association shall be, subject to the review for
compliance with conditions herein, to the satis'faction of
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 con-
sideration.
,[
2.
Final parcel and tract maps shall conform to City stan-
dards and procedures.
3. Prior to final map approval, all 'dedications shall b,e made
and easements granted as required above. On site dedica-
tions shall be made on the map whereas off-site easement
dedications shall be by a separate instrument to be
recorded prior to map approval.
4. The tentative map approval shall expire on May 10, 1990
unless an application for time extension is received 90
days prior to expiration in accordance with the City's
Subdivision Ordinance.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 10th day of May, 1988.
ATTEST:
~/t' /
22 c"~
- -'- .d._ _ "
}/// /'1 Z--:c.<><,:'/j-'
Rol{ert C. Emery, May,oy"
//
L_
~ iII..,
.
r
[
,
.~ 1750
..
.
Resolution No. P- 88-60
Page 13
STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Po way, ~o
hereby certify, under the penalty of perjury, that the fdr~~oin~
Resolution, No. P-88~60 , was duly adopted by the City Couhcil at
a meeting of said City Council held on the. lOth day of May
1988, and that it was so adopted by the following vote:
AYES:
HIGGINSON, KRUSE, TARZY
NOES:
EMERY
ABSTAIN:
NONE
ABSENT:
BRANNON
K. Wahlsten,
Poway
R/R-5-10.9-21