Covenant Regarding Real Property 2003-0423779I/
Y�
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
DOC 6200.3-0423779
APR 14, 2003 8:1-7 Atli
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 74.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Cohu, Inc., a Delaware Corporation, PROPERTY OWNER ( "OWNER" hereinafter), is the
owner of real property ( "PROPERTY" hereinafter), which is commonly known as
Assessor's Parcel Numbers 317 - 270 -29 and 317 - 270 -53 and more particularly described
as follows:
All of those certain Lots 74 and 71, and a portion of Lot 72 of City of Poway
Tract No. 85 -04, Unit 2, in the City of Poway, County of San Diego, State of
California, according to map thereof No. 12572,,filed in the Office of the
County Recorder, February 28, 1990, as File Number 90- 107515 of Official
Records.
In consideration of the approval of Conditional Use Permit (CUP) 02 -13 by the City of
Poway ( "CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached
resolution (Exhibit A).
This Covenant shall run with the land and be binding upon and inure to the benefit
of the future owners, encumbrancers, successors, heirs, personal representatives,
transferees and assigns of the respective parties.
In the event that_CUP 02 -13 expires or is rescinded by City Council at the request of
OWNER, CITY shall expunge this Covenant from the record title of PROPERTY.
In the event of litigation to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
OWNER: COHO, Inc. - l/
Dated: 3 2 C7,?, >✓ By: ? 01/z --
J n . Allen. (Notarize)
CI OF POWAY
Dated: �! ti - O 3 By: tee -
Niall Fritz, Director of a elopment Services
M \p1anning \03report\spa\84 -01 JJJ\spa84 -01JJJ covenantdoc
03 -a5 z
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County of
Sa,#, 4a e4�o } ss.
On 3 ill O
Date
personally appeared
PAM S. RYAN
Commission 0 1330334
Notary Public - California £
San Diego County
MyCamm. El Tres Nov 16, 2006
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose names) is /are
subscribed to the within instrument and
acknowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(res), and that by his /her /their
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.
Place Notary Seal Above Signature of Nota ubllc /
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
Document Date Number of Pages
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top or thumb here
❑ Corporate Officer- Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 Na0onal Notary ASSOnaOOn•9350 De Solo AVa, PC BOX 2402 • Chabwodb, CA 91313 - 2402 • vwwnanonalnotaryorg Prod NO 5909 Reorder Call Troll Fad I -6W- 8]6682)
RESOLUTION NO. P -03 -11
•
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 02 -05, DEVELOPMENT REVIEW 02 -21,
CONDITIONAL USE PERMIT 02 -13, AND THE VACATION OF
A PORTION OF GREGG COURT
ASSESSOR PARCEL NUMBERS 317 - 270 -29 and 53
WHEREAS, Tentative Parcel Map (TPM) 02 -05, Development Review (DR)
02 -21, Conditional Use Permit (CUP) 02 -13, and a request to vacate a portion of Gregg
Court were submitted by American Investment Group involving a proposal for a
commercial retail center, consisting of approximately 138,000 square feet of building
area within 3 separate buildings on 2 contiguous, vacant parcels totaling 12.7 acres in
size, located at the southwest corner of Community Road and Scripps Poway Parkway,
and
WHEREAS, the applicant has also submitted SPA 84 -01JJJ to amend the land
use designation on APN 317 - 270 -53 from Light Industrial (LI) to South Poway
Commercial (SPC), and
WHEREAS, on March 4, 2003, 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: The City Council has considered the Environmental Initial Study (EIS),
Mitigated Negative Declaration (MND), and associated Mitigation Monitoring Program
shown as Exhibit A of this Resolution for the project. The subject EIS and MND
documentation are fully incorporated herein by this reference. The City Council finds,
on the basis of the whole record before it, that there is no substantial evidence the
project will have a significant impact on the environment, that the mitigation measures
contained in the EIS and Exhibit A hereof will mitigate potentially significant impacts to a
less than significant level, and that the MND reflects the independent judgment and
analysis of the City. The City Council hereby approves the MND and the associated
Mitigation Monitoring Program attached to this Resolution as Exhibit A.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for the approval of CUP 02 -13 are made as follows:
A. The drive - through facility has been designed with adequate vehicular stacking
space and landscaping screening. Therefore, the proposed location, size, design
and operating characteristics of the drive - through facility is in accordance with
the title and purpose of Section 17.48.070 of the Poway Municipal Code, the
EXHIBIT A
Resolution No. P -03 -11
Page 2
purpose of the zone in which the site is located, the City General Plan and the
development policies and standards of the City.
B.. The drive - through facility has.been designed to comply with the Poway General
Plan and Municipal Code, and will not impact surrounding development.
Therefore, the location, size, design, and 'operating characteristics of the
proposed use will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, buildings, structures, or natural resources.
C. The drive - through facility meets standards for scale, coverage, and density.
Therefore, the harmony in scale, bulk, coverage, and density of the project is
consistent with adjacent uses.
D. There are public facilities, services, and utilities available to the site.
E. The drive- through facility has been designed to comply with the Poway General
Plan and Municipal Code standards and the use will be compatible with
surrounding development. Therefore, there will be no harmful effect upon
desirable neighborhood characteristics.
F. The drive- through facility will not result in a significant impact on the character or
the intensity of the transportation system in the vicinity and is found to be
consistent with the Circulation Element of the General Plan.
G. The drive - through facility is a conditionally permitted use in the' SPC zone and
the property is located in an area with suitable, circulation and other
infrastructure. The surrounding development is compatible with the proposed
use. Therefore, the site is suitable for the drive- through facility.
H. The use involves no hazardous materials or processes, nor does it significantly
affect natural resources. Therefore, there will not be significant harmful effects
- upon environmental quality and natural resources.
There are no other relevant negative impacts of the proposed use that cannot be
mitigated.
J. The proposed location, size, design, and operating characteristics of' the
proposed use and the conditions under which it would be operated or maintained
will not be detrimental to the public health, safety or welfare, or materially
injurious to properties or improvements in the vicinity nor be contrary to the
adopted General Plan.
Resolution No. P -03 -11
Page 3
K. The proposed use will comply with each of the applicable provisions of Section
17.48.070 of the Poway Municipal Code with regard to current development
standards.
Section 3: The findings, in'accordance with Section 17.52 of the Poway Municipal
Code, for DR 02 -21 are made as follows:
A. The commercial center has been designed to comply with the development
standards of the Poway General Plan and Municipal Code. It will not create a
negative visual impact as viewed from the street and neighboring properties.
Proposed landscaping will soften the building from such views. Exterior colors
and .materials will help the buildings blend in with the surrounding area.
Therefore, the building respects the interdependence of land values and
aesthetics to the benefit of the City.
B. The buildings have been designed to comply with the development standards of
the Poway General Plan and Municipal Code, and be in character with existing
development in the area. Therefore, the proposed development does not conflict
with the orderly and harmonious appearance of structures and property within the
City along with associated facilities, such as but not limited to signs, landscaping,
parking areas and streets.
C. There are public facilities, services, and utilities available. With mitigation as
specified in Exhibit A, no significant traffic impacts will occur with this
development. The project will conform to all City ordinances. Therefore, the
proposed project does not detract from the maintenance of the public health,
safety and general welfare, and property throughout the City.
D. The buildings are designed to be consistent in design with surrounding
development. Therefore, the proposed development respects the r public
concerns for the aesthetics of developments.
E. The proposed project will meet the required design regulations and will otherwise
comply with all of the relevant codes and standards of the City of Poway.
Therefore, the proposal does not have an adverse aesthetic, health, safety, or
architecturally related impact upon existing adjoining properties, or the City in
general.
F. The proposed project will comply with , all of the provisions of the Zoning
Ordinance, and the General Plan.
Resolution No. P =03 -11
Page 4
Section 4: The findings, in accordance with the State Subdivision Map Act
(Government Code Section 66410 et. seq.) for Tentative, Parcel Map 02 -05, are made
as follows:
A. The Map is consistent with the General Plan in that the proposed lot sizes
comply with the lot size standards of the General Plan and South Poway Specific
Plan.
B.. The site,is physically suitable for this type of development in that the site is
located within an area of commercial and industrial uses.
C. The design of the Parcel Map is not likely to cause substantial environmental
damage, and avoidable injury to humans and wildlife or their habitat in that the
conditions of approval assure that any impacts associated with the project will be
mitigated to a level of insignificance.
D. The approval is not likely to cause serious public health problems in that City
water and sewer service are available to the site.
E. The design of the Tentative Parcel Map will not conflict with any easement
acquired by the public at large, now of record, for access through or use of the
property within the subdivision in that the development-of a commercial retail
project on the site can be accommodated without obstructing or otherwise
impacting existing or required easements.
F. The cul -de -sac bulb at the westerly terminus of Gregg Court is no longer needed
for the.purpose for which it was established, and therefore may be vacated.
Section 5: Pursuant to Government Code Section 66020, the public improvements
for the project are made as follows:
A. The design and improvements of the proposed development are consistent with
all elements of the Poway General Plan, as well as City ordinances, because all
necessary services and facilities are available to serve this project. The payment
of water, sewer, drainage, and traffic mitigation fees are needed as a result of the
proposed development to protect the public health, safety, and welfare as
identified below:
1. The project requires payment of.,sewer, water, drainage, and traffic
mitigation fees, which are assessed on a pro -rata basis to finance and
provide public infrastructure improvements, which promote a safe and
healthy environment for the residents of the City.
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Resolution No. P -03 -11
Page 5
2. The project requires dedication of rights -of -way along street frontages on
Scripps Poway Parkway and Community Road.
Section 6: The City Council hereby approves Tentative Parcel Map (TPM) 02 -05,
Development Review (DR) 02 -21, and Conditional Use Permit (CUP) 02 -13, a proposal
for a commercial retail center, consisting of approximately 138,000 square feet of
building area, including a fast food restaurant, within 3 separate buildings on 2
contiguous, vacant parcels totaling 12.7 acres in 'size,.located at the southwest corner of
Community Road and Scripps Poway Parkway as shown on the plans dated January
23, 2003. The project also involves the vacation of a portion of the public right -of -way
on Gregg Court subject to the following:
A. Approval of TPM 02 -05, DR 02 -21, and CUP 02 -13, shall apply only to the
subject project and 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.
B. Within 30 days of the date of this approval: (1) the applicant shall submit in
writing that all conditions of approval have been read and understood, and (2) the
property owners shall execute a Covenant on Real Property which states that the
applicant must abide by the conditions contained in this Resolution.
C. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses.
D. The conditions of TPM 02 -05, DR 02 -21, and CUP 02 -13, shall remain in effect
for the life of the project and shall run with the land and be binding upon future
owners, successors, heirs, and transferees of the current property owner.
E. Within 30 days of this approval, the applicant/developer shall apply for a Letter of
Availability (LOA) to reserve sewer availability for 45.8 equivalent dwelling units
(EDU) and make a payment to the City, a non- refundable reservation fee of
$21,580.96, which is equal to 20% of the sewer connection fee in effect at the
'time the -LOA is issued. The balance of the sewer fee shall be paid prior to
Building Permit issuance.
F. 'The approval of Specific Plan amendment SPA.84 -01 JJJ shall be approved and
effective prior to issuance of a Building Permit or recordation of the Parcel Map,
whichever occurs first.
G. Prior to Grading Permit issuance, unless other ,timing is indicated, the
applicant/developer shall complete the following:
Resolution No. P -03 -11
Page 6
1. Submittal to the City for review and approval of precise grading plans,
erosion control plan, stormwater pollution prevention plan, Grading Permit
application and - geotechnical reports to the Development Services
Department..
2. Grading of the project shall be in substantial conformance with the
approved development plan and in accordance with the Uniform Building
Code, City Grading Ordinance, City Storm Water Management and
Discharge Control Ordinance, City SUSMP (Standard Urban Stormwater
Mitigation Plan) Ordinance and the South Poway Specific Plan.
3. Paving of the parking lot shall conform to the standards set forth in Section
12.20.080 of the Poway Municipal Code.
4. A drainage system capable of handling and disposing of all surface water
originating within the development and all surface water that may flow
onto the development from adjacent lands shall be constructed.
5. Drainage catch basins, inlets, grate basins or similar structures shall be
designed to be equipped with structural Best Management Practices
(BMP's) for interception of pollutants and /or sediments before leaving the
project site. BMP's are subject to review and approval of the City.
6. All driveway approaches to the development shall be with alley -type curb
returns.
7. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from October 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 applicant/developer shall make
provisions to insure proper maintenance of all erosion control devices.
8. The stormwater pollution prevention plan (SWPPP) shall be prepared.
The'SWPPP shall provide the erosion, sedimentation and pollution control
measures to be used during construction.
9. A, right -of -way permit shall be obtained from the Engineering Division of
the Development Services Department for any work to be done in public
street rights -of -way or City -held easements.
10. The applicant/developer shall pay the following:
Grading permit = $100.00 per permit
n
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Resolution No. P -03 -11
Page 7
Grading plan check = To be determined based on the following guideline:
If cost of improvement is
$1 to $25,000
$25,001 to $50,000
$50,001 to $100,000
$100,001 to $500,000
Over $500,000
= fee is 5% ($500 min.)
= add'I fee of 4% of cost
= add'I fee of 3% of cost
= add'I fee of 2% of cost
= Time and materials
Grading Inspection = To be determined, same basis as in grading
plan check fee calculation
Geotechnical Reviews = $1,300.00 (Limited to 1 review of preliminary
soils report and 1 review of compaction report. Additional reviews will be
charged when necessary.)
Plan check and inspection fees are to be calculated based on City
approved cost estimates, using City's adopted unit costs, prepared by the
applicant's project Civil engineer and.
11. Posting of grading securities (either by bond and cash, letter of credit, or
certificate of deposit).
12. City approval of soils report and grading plans.
13. Submittal of a request for and hold a pre- construction meeting with a City
Engineering inspector. The applicant/developer shall be responsible that
necessary individuals, such as but not limited to, contractors,
subcontractors, project civil engineer and project soils engineer must
attend the pre- construction meeting.
14. Recordation of the Parcel Map for Tentative Parcel Map 02 -05, unless
construction and grading of that portion of the parking lot within the area of
the existing Gregg Street cul -de -sac shall be left undisturbed until such
time that the Parcel Map is recorded or the cul -de -sac right -of -way
officially vacated.
15. The applicant shall obtain disposition from utility companies, who have
franchise rights to public streets, regarding existing utility lines within the
area to be vacated in portion of Gregg Street and in portion of the Public
Utility Easement (PUE). Whatever disposition the utility companies might
have, it shall be addressed accordingly.
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Resolution No. P -03 -11
Page 8
16. The grading plan shall show and note all required parking. The project
shall comply with minimum parking standards throughout all phases of
development. All parking spaces shall be double striped. The minimum
dimensions for standard sized parking stalls shall be 8.5 feet x 18.5 feet.
The parking lot design shall comply with the Americans with Disabilities
Act for accessible spaces.
17. The grading plan shall show wheel stops where overhanging vehicles
would reduce the minimum required planter dimensions.
18. Complete landscape construction documents (and plan check fee) shall
be submitted for all areas of new construction. Plans shall be prepared in
accordance with the South Poway Specific Plan Development Standards,
Poway Zoning Code, and Guide to Landscape Requirements, and shall
include, but not be limited to, the following:
a. Landscaping for all newly manufactured and disturbed slopes
greater than a 5:1 slope.
b. Landscaping for all new parking lots per the above landscape
requirements, including a minimum of one 15- gallon size broad
spreading evergreen tree for every three spaces, and landscape
islands between every 8 to 10 parking spaces.
C. Irrigation plans consistent with the above landscape requirements.
d. The owner shall permanently and fully maintain landscaped areas
within the adjacent public right -of -way.
e. Additional site landscaping shall be provided in the large concrete
area in front of Building A (as shown on the site plan dated January
23, 2003) to the satisfaction of the Director, of Development
Services. Additional landscape shall consist of either a landscape
planter (a minimum four feet in width) adjacent the curb along the
drive aisle with periodic breaks for pedestrian access, trees in tree
wells with grates, or large stationary potted plants.
f.. The locations of trellis, arbors, or other architectural elements along
pedestrian walkways are to be shown on the landscape plan.
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Resolution No. P -03 -11
Page 9
g. The location of project trash enclosures shall be shown on the
project landscape plan.
h. Enhanced landscaping shall be provided along the north and west
sides of Building A, along those portions visible to Scripps Poway
Parkway, to the satisfaction of the Director of Development
Services.
19. Trellis or arbor structures, or other freestanding architectural elements,
shall be provided along the pedestrian walkways in the project to the
satisfaction of the Director of Development Services. Submit an
architectural elevation, and construction details, for review and approval.
A minimum of 4 such structures shall be provided in the following general
locations. Two along the pedestrian walkway in the center of the parking
lot, one along the walkway in the easterly portion of the site, and one in
the large concrete area near the south east corner of Building A.
20. Additional enhanced paving, in areas beyond that shown on the plan
dated January 23, 2003, are to be provided to the satisfaction of the
Director of Development Services. Additional enhanced paving is to
include both project driveway entrances, the concrete areas in front of
buildings, across the paved areas to delineate and link pedestrian
walkways. Submit specifications on the enhanced paving materials for
review and approval.
21. Submit materials samples for all proposed walls /fences. Materials shall be
architecturally compatible with project buildings, and subject to the review
and approval of the-Director of Development Services. All walls /fences
are subject to compliance with City standards.
22. The truck loading areas shall be adequately screened from public view to
the satisfaction of the Director of Development Services. Submit an
exhibit which illustrates the method by which screening of the truck
loading area for Building C will be screened. Screening shall be achieved
through a combination of walls, architecturally integrated with the building,
and landscaping.
23. Benches /seating areas are to be provided in front of buildings and along
pedestrian walkway, to the satisfaction of the Director of Development
Services. Submit an exhibit indicating the location and number.
H. Prior to construction of public improvements, unless other timing is indicated, the
applicant/developer shall complete the following:
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Resolution No. P -03 -11
Page 10
1. Water main fine extension - Water main lines extension shall be
constructed, as needed, for fire hydrant/s installation. The size and
location of the water lines shall be that as established by a water system
analysis prepared by an engineering firm designated and approved by the
City. The. applicant/developer shall pay to the City the cost of preparing
the analysis ($2,800.00) prior to submittal of improvement plans. The City
Fire Marshal reserves the right to require an analysis even for existing
hydrant/s for compliance to current fire flow standards and specifications.
2. Sewer laterals - Separate sewer laterals shall be provided for each parcel
in the subdivision.
3. Street Improvements and Traffic Signal at Gregg Street and Community
Road Intersection - The streets contiguous with the project boundary; i.e.,
Scripps Poway Parkway, Community Road and Gregg Street shall be
improved to the satisfaction of the City Engineer. The improvements shall
include, but not be limited to:
a. Installation of a traffic signal at the intersection of Community Road
and Gregg Street. The signal shall include all appurtenant
accessories as required by the City Engineer.
b. Construction of a 2.00 -foot wide concrete median on Community
Road between Scripps Poway Parkway and Gregg Street.
C. Installation of right turn signal overlaps (or pay an In -Lieu Fee
determined by the City Engineer) at the northeast and northwest
corners of the intersection of Scripps Poway Parkway and
Community Road.
d. Construction of a 5.00 -foot wide concrete sidewalk along the north
side of Gregg Street and between the project's westerly (main)
driveway and the existing westerly driveway on the south side of
Gregg Street.
e. Striping of Gregg Street west of Community Road to provide a two -
way left turn lane between Community Road and the project
entrance.
f. Installation of stop signs, with appropriate marking, at the project
entrances.
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Resolution No. P -03 -11
Page 11
g. Installation of signal communication fiber optic cable between the
existing traffic signal at Scripps Poway Parkway and Community
Road and the new traffic signal at Community Road and Gregg
Street.
h. All necessary signage and lane striping associated in the above -
mentioned improvements.
Improvements shall be constructed in accordance with City adopted
standards and specifications, the latest adopted edition of the
Standard Specifications for Public Works Construction and its
corresponding San Diego supplements, the current San Diego
Regional Standard Drawings, and the South Poway Specific Plan.
4. The applicant/developer shall pay the following fees and post or pay
appropriate securities:
Improvement plan check - To be determined based on the following
guideline:
If cost of improvement is:
$1 to $25,000
$25,001 to $50,000
$50,001 to $100,000
$100,001 to $500,000
Over $500,000
= fee is 5% ($500 min.)
= add'I fee of 4% of cost
= add'I fee of 3% of cost
= add'I fee of 2% of cost
= Time and materials
Improvement Inspection - To be determined (on same basis as in
improvement plan check fee calculation).
5. Posting of performance and payment securities. The City Engineer may
waive these securities if substantial amount of grading is completed prior
to installation of public improvements and there is sufficient amount of
grading securities still held by the City to complete the remainder of the
grading works and public improvements.
6. Right -of -Way Permits ($50.00 each for Right -of -Way Permit, if needed) for'
any work to be done in public street or City -held easements.
7. Submittal of a request for and hold a pre- constructiori meeting with a City
Engineering inspector. The applicant/developer shall be responsible that
necessary individuals, such as but not limited to, contractors,
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Resolution No. P -03 -11
Page 12
subcontractors, project civil engineer and project soils engineer must
attend, the pre - construction meeting.
8. No private, improvements shall be placed or constructed within public
street rights -of -way or City easements unless any one of the following is
satisfied:
a. An encroachment maintenance and removal agreement has been
executed by the developer /owner and subsequently approved by
the City; or .
b. Approval of grading or improvement plans, on which a Right -of-
Way Permit has been issued for the private improvements shown to
be constructed. The City, however; reserves the right to require the
execution of an encroachment maintenance and removal
agreement.
9. The applicant/developer shall cause the dedication of the following
easements to the City:
a. An easement, a minimum of 20.00 feet wide for each new public
water line or new public sewer main, shall be dedicated to the City.
b. , An additional 10.00- foot -wide PUE contiguous with the existing
5.00- foot -wide PUE along the project's street frontage of Gregg
Court.
C. An additional street right -of -way along the project's frontage of
Community Road, a minimum of 12.00 feet wide with sufficient
length to be determined by the City. Engineer, for future street
widening to provide for dual northbound left turn lanes together with
a 15.00- foot -wide PUE.
d. Additional street right -of -way, a minimum of 7.00 feet wide with
sufficient length to be determined by the City Engineer, for Scripps
Poway Parkway necessary for the construction of an east bound
lane and a 15.00- foot -wide PUE along the south side of Scripps
Poway Parkway adjacent to the project.
A processing fee of $1,000.00 per easement or right -of -way document (if
done by separate instrument other than through the Parcel Map) shall be
paid. to the City at first submittal of document for review. Recordation of
Resolution No. P -03 -11
Page 13
the easements, if done by separate instruments, shall be made prior to
Parcel Map approval.
10. All new electrical /communication /CAN utilities shall be installed
underground prior to installation of concrete curbs, gutters, and sidewalks,
and surfacing of the streets. The applicant/developer is responsible for
complying with the requirements of this condition, and shall make the
necessary arrangements with each of the serving utilities.
11. The locations and sizes of all utility boxes and vaults within street rights -
of -way and /or City's easements shall be shown on the improvement plans,
and need to be screened.
Prior to Building Permit issuance, unless other timing is indicated, the following
conditions shall be satisfied:
1. Recordation of Parcel Map for Tentative Parcel Map No. 02 -05 (needed
only for the last of three structures to be built since there are 2 existing
legal parcels).
2. Vacation of a portion of Gregg Court as shown on the site plan.
3. Completion of and approval by the City of rough grading of the project site.
4. City approval of soils compaction report.
5. City approval of a certification of line and grade. The certification shall be
prepared by the projects civil engineer or City- approved designee.
6. Pay an In -Lieu Fee, as determined by the City Engineer, for future signal
modification for a right turn overlap phase (see Traffic Impact Study dated
January 2003).
7. Payment of development fees to the City, unless other payee is indicated.
The fees and the corresponding amounts are as follows and are subject to
change without further notice. The amounts to be paid shall be those in
effect at time of payment. Separate water meters shall be installed for
domestic and irrigation (reclaimed water) use.
a. Water base capacity fee — Applicant to inform the City of the size
and number of water meters to be set. The total fee shall be based
on the following per City Council Resolution No. 91 -123 minus
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Resolution No. P -03 -11
Page 14
$750.00 each on two meters (for Lots 71 and 74, TM 85 -04, Unit 2,
Map No. 12572).
For 1" meter = $ 6,678.00 per meter
For 1 '' /_" meter = $10,388.00 per meter
Other meter sizes = Contact Engineering Division
b. Water meter fee - Applicant to inform the City of the size and
number of water meters to be set. Two water meters (one for
domestic use and one for reclaimed /irrigation use) per parcel,
unless, the overall landscaping is irrigated by only one irrigation
meter. The total fee shall be based on the following per City
Council Resolution No. 91 -123 minus $150.00 each on two meters
(for Lots 71 and 74, TM 85 -04, Unit 2, Map No. 12572).
For 1" meter = $ 270.00 per meter
For 1 -%" meter = $ 600.00 per meter
Other meter sizes = Contact Engineering Division
C. SDCWA capacity charge (applicable to potable water only) - To be
paid by separate check, payable to San Diego County Water
Authority but remitted through the City of Poway.
Coll
e.
f
Q$
For 1" meter = $3,206.00 per meter
For 1 - %2" meter = $6,012.00 per meter
Other meter sizes = Contact Engineering Division
Sewer connection fee = $107,904.80*
* For payment of additional 45.80 EDU. This amount shall be
adjusted if sewer LOA reservation fee of 20% for 45.8 EDU's has
been previously paid. For a total building area of 117,542 SF
(Kohl's = 96,077 SF, Restaurant = 4,000 SF, Building C = 17,465
SF), the total sewer EDU is 58.8. Prepaid for 13 EDU's (for Lots 71
and 74, TM 85 -04, Unit 2, Map No. 12572).
Sewer cleanout fee
Sewer cleanout inspection fee
Traffic mitigation fee
** For additional 8,624 trips
_. $50.00 per cleanout
_ $25.00 per cleanout
_ $142,296.00 **
0 0
Resolution No. P -03 -11
Page 15
{[(96,077 SF Kohl's building area + 17,465 SF Retail Store area) +
1,000] x 601 + [(4,000 SF Fast food restaurant + 1,000) x 770] _
9,892.52 trips say 9,893 trips
(9,893 trips — 1,269 trips prepaid) x $16.50 = $142,296.00
where: 60 trips * ** _ # of trips per 1,000 SF of Gen. Retail
Center within a center
770 trips * ** _ # of trips per 1,000 SF of a fast food restaurant with
drive -in or drive - through with a center development
* ** per City Resolution No. 83 -045
h. Drainage fee = None
Park fee = None
8. The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein. Grading of lots shall be in accordance with the Uniform Building
Code, the City Grading Ordinance, the approved grading plan, the
approved soils report, and grading practices acceptable to the City.
9. The building plans shall depict all roof appurtenances, including air
conditioners, architecturally integrated, screened from view and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services.
10. The building plans shall identify the exterior building colors and materials
consistent with the project plans on file in the Development Services
Department and project materials /color sample board on file.
11. Trash receptacles shall be enclosed by a 6- foot -high masonry wall with
solid, view obscuring gates. Locations shall be subject to approval by the
Planning Division.
12. 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.
13. Details of any exterior lighting shall be included on the building plans,
including fixture type(s) and design. All exterior lighting fixtures are
Resolution No. P -03 -11
Page 16
required to be low- pressure .sodium and designed such that they reflect
light downward, and away from streets and adjoining properties. Parking
lot lights shall not exceed a maximum height of 18 feet from the finished
grade. All lighting shall comply with the standards of the South Poway
Specific Plan (Chapter 3 Section VLD).
14. To enhance the appearance of the Building A, architectural
embellishments shall be provided on sides of the building visible to the
public, to the satisfaction of the Director of Development Services.
Architectural embellishment can include, but is not limited to, the provision
of a decorative top and base on the columns at the building entrances;
trellis elements attached to stark building walls, or some other type of
offset; additional or varied scoring, texturing, or veneers to exterior walls;
additional tiles accents, use of multiple and complimentary exterior colors,
etc. Other buildings in the project shall incorporate similar design
elements.
J. Prior to Parcel Map approval, unless other timing is indicated, the following
conditions shall be satisfied:
1. Submittal of a Parcel Map to the City for review and approval. The Parcel
Map shall conform to City standards and procedures, the City Subdivision
Ordinance, the Subdivision Map Act, the Land Surveyors Act, the
Resolution of Approval as approved by the City Council and shall be in
substantial conformance with the approved . Tentative Parcel Map.
Appropriate map review fee ($1,000.00 per sheet) shall be paid at time of
submittal.
2. Additional " street rights -of -way, public utility easements, water line
easement and sewer line easement as herein required that are within the
limits of the subdivision shall be dedicated through the Parcel Map.
3. Within the area of that portion of Gregg Street cul -de -sac to be vacated,
an easement reservation or dedication shall be made for the benefit of the
respective utility companies who wish to retain their utility lines in their
current locations. Applicant shall be responsible of notifying utility
companies of the intention to vacate the street.
4. The entire area, or portion thereof, of the Gregg Street cul -de -sac to be
vacated shall be retained by the City as a general utility easement. The
general utility easement dedication shall be made and noted on the Parcel
Map.
Resolution No. P -03 -11
Page 17
5. Submittal of a reciprocal access /shared parking agreement between the
properties, and applicable review fees, to the City for review and approval.
K. Prior to City's approval for occupancy and release of securities, unless other
timing is indicated, the following conditions shall be satisfied:
1. Completion of public improvements.
2. City approval of record drawings of the grading and improvement plans.
3. Dedication of easements to the City for new public water lines and /or
sewer lines, if any, street right -of -way, and public utility easements.
4. Posting of a warranty bond for the public improvements.
5. Grading securities shall be released only upon completion of the project
and upon City approval of the record drawings of the grading plans.
6. Performance securities for public improvements, if posted, and separate
from the grading securities, shall only be reduced twice before completion
of improvements.
7. Payment securities and remaining performance securities, if any, shall be
released no sooner than 90 days after City's acceptance of improvements,
posting of warranty security, and approval of record drawings.
8. Final .approval from the following departments: Public Works,
Development Services (Engineering, Planning, and Building Divisions),
and Safety Services.
L. The applicant shall construct the following improvements, and /or comply with the
following, to the satisfaction of the Director of Safety Services:
1. All roof coverings shall be fire retardant as per UBC Section 1503 and
1504 and City of Poway Ordinance No. 64.
2. All the buildings shall display their numeric address in a manner visible
from the access street. Minimum size of the building numbers shall be 6
inches on the front facade of the building. Building addresses shall also
be displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriffs Department — ASTREA criteria.
Resolution No. P -03 -11
Page 18
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
Poway Municipal Code.
4. The building 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 (Kohl's and the retail buildings only).
5. A hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. Plans to be submitted and approved,
prior to installation (the restaurant only).
6. A 'Knox' Security Key Box shall be. required for all three buildings at a
location determined by the City Fire Marshal. A breakaway padlock shall
be required for the fire sprinkler system Post Indicator Valve for Kohl's and
the retail store.
.7. Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of construction
and maintained at all times until construction is completed.
8. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
9. Minimum 3A:40BC fire extinguisher required for every 3,000 square feet
and 75 feet of travel distance. A class "K" fire extinguisher will be required
in the kitchen of the restaurant.
10. If an elevator is installed, it shall be sized to accommodate a normal
hospital gurney. Minimum dimensions for the inside car platform shall be
6'8" wide by 4'3" deep.
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
Resolution No. P -03 -11
Page 19
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 activity has been substantially completed to the satisfaction of
the City.
13. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit
man door or shall be located inside an enclosed closet with an exterior
access man door. Door shall be labeled with a sign indicating "Fire
Sprinkler Riser." When the closet method is chosen, applicant shall
provide 36 inches of clearance from the standpipe or attached additional
risers, accessible by a T -0" man door.
14. No gate shall ever be installed at the project driveways to block
emergency vehicle access.
M. The following shall be implemented to the to the satisfaction of the Director of
Public Works:
1. Any public water system installed on the property shall be a looped
system.
2. No permanent structures shall be installed over the storm drain /sewer
system (i.e., including walls /fences).
3. Access manholes for public infrastructure and water system
appurtenances (i.e., storm drain, sewer and water) shall be free of all
access restrictions. They shall not be placed within parking spaces.
4. The property owner shall be responsible for the replacement of any
enhances paving materials removed as part of work done on public
facilities.
Section 8: The approval of the project shall expire on March 4, 2005, at 5:00 p.m.
unless, prior to that time, a Building Permit has been issued and construction on the
property in reliance on the project approval has commenced prior to its expiration.
Section 9: Pursuant to Government Code Section 66020, the 90 -day approval period in
which the applicant may protest the imposition of any fees, dedications, reservations, or
exactions imposed pursuant to this approval shall begin on March 4, 2003.
1 11
Resolution No. P- 03 -11.
Page 20
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 4th day of March 2003.
d'-cP
Belty Rexford, qeputy Mayor
ATTEST:
• �Inne Peoples,
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P -03 -11 , was duly adopted by
the City Council at a meeting of said City Council held on the 4th day of March 2003,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
P-
Lori nne Peoples, City Cle k
City of Poway
• Resolution No. P- 03 -11
Page 21
EXHIBIT A
MITIGATION MONITORING PROGRAM
FOR SPA 84 -01JJJ
Section 21081.6 of the Public Resources Code requires that public agencies "adopt a
reporting or monitoring program for the changes which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designated to ensure
compliance during project implementation." This mitigation- monitoring program has
been prepared in accordance with Section 21081.6 of the Public Resources Code.
Non - compliance with any of these conditions, as identified by City staff or a designated
monitor, shall result in issuance of a cease and desist order for all construction
activities. The order shall remain in effect until compliance is assured. Non - compliance
situations, which may occur subsequent to project construction, will be addressed on a
case -by -case basis and may be subject to penalties according to the City of Poway
Municipal Code. When phasing of development has been established, it may be
necessary for this Monitoring Program to be amended, with City approval.
Topic
Mitigation Measure
Timing
Responsibility
Traffic and
Pay Traffic Impact Mitigation fees
Prior to
Applicant
Circulation
as specified by City Council
Building
Resolution to be applied towards
Permit final
improvements necessary to
approval.
accommodate SANDAG 2020
traffic projections resulting from the
change in land use from Light
Industrial to South Poway
Commercial.