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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 In the event that_CUP 02 -13 expires or is rescinded by City Council at the request of OWNER, CITY shall expunge this Covenant from the record title of PROPERTY.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. �T , � • 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 U 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. , 10 • 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. 0 0 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: 0 0 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. 0 0 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, • 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 0 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.