Covenant Regarding Real Property 2000-0500185~lU EST BY:
CITY CLERK
No Transfer Tax Due
198"
TO:
(This
DOb 2000-0500185
SEP 19, 2000 8 :.39 ~qr-i
ICIAL E~ S
~qN QIEG COUntY REC ER'S OFFICE
GREGORY . S~ITH, C
EES: O0
2000- 0 85
COVENANT REGARDING REAL PROPERTY
Michael J. Foster, PROPERTY OWNER ("OWNER" hereinafter) is th = real
property commonly known as Assessor's Pamel Number 317-810-29 ("PROPERTY
hereinafter), and more fully described in Exhibit A, which is attached hereto. In
consideration of the approval of Conditional Use Permit 00-12 to establish a
lion switching facility at 13635 Stowe Ddve, by the City of Poway ("CITY"
hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution
(Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit
of the future owners, encumbrancers, heirs, personal representatives,
1 ~ :1 assigns of the respective parties.
In the event that CUP 00-07 and MDRA 00-15 expire or are rescinded by City
Council at the request of the OWNER, CITY shall expunge this Covenant from the record
title of the PROPERTY.
In the event of litigation to enforce the p ' ' I this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
Dated: Y,/~ -~-'-/~'~('.) By:
OWNE,R:
CITY OF POWAY
Niall Fritz, Director of DevelopmEnt Services
ALIFORNIA ALL.PUR~ ~SE ACKNOWLEDGMENT
State of
County of ~ ') "~' -0,
personally appeared
beforeme ~ / t,~ /,.f ? i-~'
person(s),
acted,
OPTIONAL
.p
¥(ies),
Description of Attached Document
Title or
Signer(s) Other
Capacity(ies) Claimed by Signer(s)
~_ Individual
Title(s):
~ Partner-- [] Limited [] General
[] Trustee
[] Other:
Individual
Title(s):
Partner -- ~ Limited ~ General
Trustee
Other:
Prod. No. 5907
1984
EXHIBIT A
Parcel 25 of Parcel Map No. 16700, in the City of Poway, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County, December 2,
1991, as File No. 1991-0619281 of Official Records.
RESOLUTION NO. P-00-51
A RESOLUTION OF THE CITY COUNCIL
OF THE CiTY OF POWAY, CALIFORNIA
APPROVING CUP 00-12 AND DR 00-07
ASSESSOR'S PARCEL NUMBER 317-810-29
WHEREAS, Conditional Use Permit 00-12 and Development Review 00-07 were
submitted by AT&T Local Services for the purpose of constructing a 15,541 square foot
single-story t lion switching facility at 13635 Stowe Drive in an area
designated for Light Industrial land use within the South Poway Planned Community zone;
and
WHEREAS, on July 11,2000, the City Council held a duly advertised public headng
to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that, pursuant to Sect~on 15183 of the California
E Quality Act, the previously certified Final E Impact Report (EIR)
dated July 30, 1985 and the Final Subsequent EIR dated July 16, 1988 for the South
Poway Specific Plan adequately address the potential ~ impacts of the
proposed development because it is thf an industrial building designed to
be consistent with the development · ' i with the South Poway Specific Plan and
additional review for this project is not required.
Section 2: The findings in accordance with G
public improvements are made as follows:
Code Section 66020 for the
The design and imp :the proposed development I with all
elements of the Poway General Plan as well as City ordinances because ail
necessary services and facilities will be available to serve this project. The
construction of public improvements needed as a result of the proposed
development to protect the public health, safety, and welfare are identified below:
Development fees ( ' 3acity/expansion,
and traffic mitigation) are required to be paid. The construction of the new
building with its occul: Jditional sewer discharge, water usage,
and increased amounts of local street traffic.
New fire hydrants will be required to be added with the of the
new t facility in order to provide adequate fire protection
to the occupants.
EXHIBIT B
19 d
Resolution No. P-00-5i
Page 2
Section 3: The findings in accordance with Section 17.48.070 of the Poway Municipal
Code for CUP 00-12 approving the establishment of the t iions facility are
made as follows:
The proposed location, size, design and operating characteristics of the proposed
lance with the title and purpose of this title, the purpose of the zone
in which the site is located, the South Poway Specific Plan, the City General Plan
and the development policies and standards of the City because all necessary
services and facilities will be available to serve this project. The construction of
public improvements are needed as a result of the proposed development to protect
the public health, safety and welfare as identified below.
The facility will be located ' ' .-3 lot and sited in compliance with the South
Poway Specific Plan standards. The size and design of the building will be in
keeping with the surrounding uses. The facility will consist mostly of :1
equipment with a small office component. Therefore, the I design and
operating characteristics of the proposed use will be compatible with and will not
adversely affect or be materially detrimental to adjacent uses, occupants, buildings,
st ~ural
The facility will be relatively small in scale and bulk in comparison with the
surrounding Lot coverage will be in compliance with the Poway
Municipal Code. Therefore, the harmony in scale, bulk, coverage and density is
~ Iwith adjacent uses.
D. There are fully adequate public facilities,
:l utilities available.
The use and design of the project is in keeping with th :ling b
Therefore, there will not be a harmful effect upon desirable neighborhood
characteristics.
The project will not increase traffic beyond that anticipated by the South Poway
Specific Plan. Therefore, the generation of traffic will not adversely impact the
capacity and physical character of surrounding streets and/or the circulation
element of the general plan.
The lot is rough graded with fully improved access. The use falls withifi a category
which was deemed suitable for this industrial area under the South Poway Specific
Plan. Therefore, th 31e for the type and intensity of use or development
which is proposed.
Resolution No. P-00-51
Page 3
The project will be constructed on a previously graded lot. Impacts on the
: and natural adequately evaluated under the EIR for
the South Poway Specific Plan. Therefore, there will not be significant harmful
effects upon quality and natural
There are no oth
mitigated.
negative impacts of the proposed use that cannot be
The impacts, as described in subsections (A) through (I) of Section 17.48.070, of
the Poway Municipal Code and the proposed location, size, design and operating
characteristics of the proposed use and the conditions under which it would be
operated 'J will not be detrimental to the public health, safety or welfare,
ly injurious to properties or improvements in the vicinity nor be contrary
to the adopted general plan; and
The proposed conditional use will comply with each of the applicable p
Section 17.48.070 of the Poway Municipal Code.
Section 4: The finding Jance with Section 17.52 of the Poway Municipal Code
and the implementation procedures for the South Poway Specific Plan for Development
Review 00-07, are made as follows: '
The approved project is with ~he Poway General Plan and Zoning
Development Code as an industrial'building is permitted within the Light Industrial
land use designation.
The approved project will not have an adverse aesthetic, health, safety, or
architecturally related impact upon adjoining properties as the design of the
buildings for the intended purpose conforms to the criteria of the South Poway
Development Standards and will be compatible with current and future buildings in
the vicinity.
The approved project encourages the orderly and h appearance of
structures and property within the City as the design is I with the
architectural and site design standards in the South Poway Specific Plan.
Section 5: Conditional Use Permit 00-12 and Development Review 00-07, to allow a
15,541 square foot single-story t' ~ing facility at 13635 Stowe Drive
in the South Poway Planned Community zone (Light Industrial land use designation), as
shown on the plans dated June 19, 2000, are hereby approved subject to the following
conditions:
1988
Resolution No. P-00-51
Page 4
The use conditionally granted by this approval shall not be conducted in such a
to interfere with the reasonable use and enjoyment of th ding
residential and uses.
The Conditional Use Permit may be subject to annual determined by the
Director of Development S 31iance to conditions of approval and to
add ~ich h -1 during the past year.
Approval of a grading permit is required pdor to issuance of a building permit.
Compliance with the following conditions is required prior1 "the grading
permit:
Precise grading plans, permit application/s, plan checking/inspection fees,
geotechnical report, and geotechnical review fees shall be submitted to the
Engineering Division of the Development Services Department. The grading
plan shall depict the following:
All ddveway approaches to the development shall be with alley-type
curb returns.
b. ,~
included.
Irol plan prepared by the project civil engineer shall be
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.
Paving of the parking lot' :h the standards set forth
in Section 12.20.080 of the Poway Municipal Code.
All new and existing electrical/ ~CATV utilities within the
boundaries of the project installed underground pdor to installation of
:urbs, gutters, 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.
An additional 5-foot wide general utility easement to be dedicated to
the City, contiguous with the existing 10-foot wide general utility
easement dedicated per Map No. 12556.
1989
Eo
Resolution No. P-00-51
Page 5
All permit, plan checking, ins[:
the Engineering Division.
:1 geotechnical fees shall be paid to
The applicant shall post grading with the Engineering Division.
Grading 3all be released only upon completion of the project and
upon City approval of the record drawings of the grading plans.
A soils report shall be submitted to and approved by the Engineering
Division.
^ Storm Water Pollution Prevention Plan shall be submitted to the
Engineering Division.
A right-of-way permit s~all be obtained from the Engineering Division for any
work to be done in public street rights-of-way or City-held easements.
An encroachment permit shall be obtained from the City for any private
improvements placed within public street fights-of-way or City
except those private improvements as shown on the grading and
improvement plans for this project. However, the City Eng' the
right to require such permit if deemed necessary.
Compliance with the following conditions is required dudng the grading construction:
Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from October 15 to April 15. The
applicant/developer shall make provisions to insure proper maintenance of
all erosion control devices.
2. The Storm Water Pollution Prevention Plan shall be implemented.
Prior to issuance of a Building Permit the applicant shall submit building plans
I with the approved project plans on file in the Planning Division, except
as modified herein. Said plans shall comply with the following conditions:
The percentage of total building area improved as office space
shall not exceed forty (40) percent of the total building area. Further, tenants
of the property shall be limited to Light Industrial uses as defined and listed
in the current South Poway Specific Plan Development Standards.
=
The applicant shall record a deed to the satisfaction of the
Director of Development Services, that states that any change in use to the
19 0
¸4.
Resolution No. P-00oS1
Page 6
property in which less than 84% of the building is devoted to warehousing (or
storage only) shall require a revision to the Conditional Use Permit and a
Development Review Permit. Due to the present site design, such a change
may involve the acquisition of additional parking or a modification to the
building size and/or configuration.
All materials and colors of the building shall be cleady depicted, and are
subject to the approval of the Director of Development Services.
All roof appurtenances, including air conditioners, shall be amhitecturally
integrated, screened :1 sound buffered from adjacent properties
and streets to the sa1 I the Director of Development Services.
The trash receptacle(s) shall be enclosed by an eight-foot high masonry wall
with view-obstructing gates, to the '' of the Director of
Development Services.
The site plan shall show all required parking to th :the Director
of Development Services. in accordance with the South Poway
Development Standard ' ' ! 24 parking spaces shall be provided
(based on 2,440 square feet of off' :1:250, and 13,101 square feet
of unmanned equipment area at 1:1,000). The southerly most parking space
shall I: :1 in favor of a stdped turnaround area as shown on the site
plan dated June 19, 2000 and shall be the marked "no parking."
The site plan shall indicate all parking spaces double striped to the
of the Director of Development Services. The minimum
d' for standard sized parking stalls shall be 8.5 f. x 18.5 ft.
Compact spaces shall not exceed 40% and shall be marked "compact only."
Any proposed security and parking lot lighting shall be depicted as utilizing
Iow-pressure sodium fixtures to the satisfaction of the Director of
Development Services. A detail ofthe fixtures shall be included depicting the
shielding required under South Poway Specific Plan, Chapter 4, Section D.
Wall mounted security lights shall only be used on the '~es
of buildings. Parking lot lights shall b than 25 feet high.
Complete landscape d shall be submitted to and
approved by the Planning Division. Plans shall be prepared in accordance
with the South Poway Development Plan and the City of Poway Guide to
Landscape Req (latest edition) and include the following:
1991
10.
11.
12.
Resolution No. P-00-5!
Page 7
Street trees, ' ' ; 15 gallon size or larger, shall be installed
in accordance with the City of Poway Guide to Landscape
:1 shall be planted at an average of 30 feet on center
spacing along Stowe Drive.
All existing irrigation and landscaping within any designated LMD and
Land Development A areas shall be protected during
construction.
In accordance with the South Poway Specific Plan Development
Standards, landscaping, berms, and or walls shall be installed within
the front yard setback to screen the parking area from view from the
street.
All parking lot landscaping shall includ ' ' f one 15 gallon
size tree for every three spaces. For p-'.,ki~lg lot islands, ' '
12 inch wide walk adjacent to parking stalls shall be provided and be
separated from vehicular areas by a six-inch high, six-inch wide
Portland I curb.
Use of recycled water will be required for onsite landscape irrigation. Each
site shall have a designated user supervisor who has attended the San
Diego County Water Authority user sup County of San Diego
Department of E Health will assess fees for the following
activities:
a. Site Plan Check
b. Shut Down Test**
c. Title 22 Inspection
$400 avg. costs*
$320 avg. costs*
$ 80 avg. costs*
*Based on full cost recovery; actual f , l may vary.
**Shut down test is required at initial installation and at least every four
(4) years on sites with both recycled and potable water.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, National Electric Code, Uniform Fire Code, and
all other applicable codes and ordinances in effect at the tim6 of building
permit issuance.
Precise grading is to be completed in accordance with the approved plans
on file in the Engineering Division and the conditions contained herein.
Grading shall be in accordance with the Uniform Building Code, the City
13.
14.
15.
1992
Resolution No. P-00-51
Page 8
Grading Ordinance, the approved soils report, and grading practices
acceptable to the City. The following shall be met:
a. Approval of soils compaction report.
b. Approval of a certification of line and grade prepared by the project's civil
engineer.
'The applicant/developer shall submit plans for construction of public
imp to the Engineering Division for approval. Provide payment of
improvement plan checking and inspection fees. The improvement plans
shall depict the following:
Imp in accordance with City adopted standards and
specifications, the latest adopted edition of the Standard
Specifications for Public Works C and its corresponding
San Diego supplements, the current San Diego Regional Standard
Drawings and the South Poway Specific Plan.
An easement dedicated to the City, a minimum of 20 feet wide for
each new public water line.
The locations and sizes of all utility boxes and vaults within street
rights-of-way and the City's general utility easement.
Public water lines, two water meters (one for potable and one for
reclaimed/irrigation) and onsite potable water I :1 for fire
hydrant/s installation as required by the City Fire Marshal. 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 applicantJdeveloper shall pay to the City
the cost of preparing the analysis pdor to submittal of improvement
plans.
Prior to improvement plan approval, the applicant shall post perf :1
payment securities. Th y be waived by the City Engineer
if a substantial amount of grading is completed pdor to installation of public
imp :1 th rflcient amount of grading securities still held
by the City to complete the remainder of the grading and public
improvements.
The following development fees shall be paid to the Engineering Division.
The fees and the corresponding amounts are as follows and are subject to
16.
1993
Resolution No. P-00-51
Page 9
change without further notice. The amounts to be paid shall be those in
effect at time of payment:
Wa1
tion fee (Resolution No. 1166-80)
For 1" meter = $500.00 per meter
For 1W' meter = $1,000.00 per meter
Otb = Contact Engineering Division
Water district expansion fee (Resolution No. 1166-80)
For 1" meter = $750.00 per meter
For 1W' meter = $1,500.00 per meter
Otb = Contact Engineering Division
Water meter fee (Resolution No. 1166-80)
For 1" meter = $150.00 per meter
t-or 1¼" meter = $275.00 per meter
Otb -- Contact Engineering Division
SDCWA capacity charge (applicable to potabl y)
For 1" meter = $2,994.00 per meter
For 1W' meter = $5,613.00 per meter
Oth = Contact Engineering Division
S lion fee
= $4,129.00 (subject to change if total building
:Is 15,541 SF)
Sewer cleanout fee = $50.00
S l inspection fee = $25.00 I:
Traffic mitigation fee = None
Drainage fee = None
Park fee = None
The following imp shall be provided to the satisfaction of the
Director of Safety Services:
Roof covering shall be fire retardant as per UBC Section 3203(e) and
City of Poway Ordinance No. #64.
1994
Resolution No. P- 00-51
Page 10
A numeric address shall be displayed on the front facade of the
building ' 31e from th ireet. M' '
the address numbers shall be 18 inches. Building address shall also
be displayed on the roof in a lisfactory to the Director of
Safety Services, and shall meet Sheriff's Department ASTREA
criteria.
The building will be required to have installed an approved fire
sprinkler sy ' ~ P.M.C. re(; The building sprinkler
system shall be designed to meet a minimum 0.45/3000 design
density at the roof. Storage of Class A plastics up to 15 feet shall be
protected by a design density of at least 0.60/4000 square feet if no
in-rack sprinklers are to be provided. The entire system is to be
monitored by a central monitoring company. System post indicator
valves with tamper switches, :1, are to be located by the
City Fire Marshal pdor to installation. Insta;ii,,g Fire Sprinkler and
Underground Fire Service Contractor(s) shall obtain a copy of the Fire
Department's "Policies for Automatic Fire Sprinkler Systems."
Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with all-weather
driving surfaces of not less than 20 feet of unobstructed width, with
adequate roadway tuming radius capable of supporting the imposed
loads of fire apparatus and having a minimum of 13' 6" of vertical
The road surface type shall be approved by the City
Engineer, pursuant to the City of Poway Municipal Code.
Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of
construction and :1 at all times until construction is
completed.
The applicant shall provide a detail plan for all storage areas and a
complete racking plan.
Prior to delivery of combustible building material onsite, water and
sewer systems shall satisfactorily pass all required t~sts 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 activity has been
substantially completed to the satisfaction of the City.
1995
Resolution No, P-00-51
Page 11
The buildings shall be provided with approved automatic smoke and
heat vents.
An automatic fire alarm system shall be installed to approved
standards by a propedy licensed contractor. The system shall be
completely monitored by a UL listed central stat' ~any or
proprietary 'Iion.
Contractor shall ensure that conflicts between sprinkler head locations
and roof venting appurtenances (heat & smoke venting, turbines and
sky light) do not exist.
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
ex1 door. Door shall be labeled with a sign indicating
"Fire Sprinkler ~user." When the closet method is chosen, applicar.~.
shall provide 36 inches of from the standpip ~ed
additional risers, accessible by a 3 foot man door.
A security key box shall be required for the building at a location
determined by the City Fire Marshall. A padlock shale be required for
the fire sprinkler Post Indicator Valve.
If an elevator is installed, it shall be sized 1' :late a normal
hospital gumey. Minimum d for the inside car platform shall
be 6'8" wide by 4'3" deep.
Permanent :lways for fire apparatus shall be designated as
"Fire Lanes" with appropriate signs and markings.
Minimum type 4A:60BC fire extinguisher(s) are required for every
3000 square feet and 75 feet of travel distance. Type 2A10BC fire
extinguisher(s) are required for office areas every 3000 square feet
and 75 feet of travel distance.
The addition of onsite fire hydrants is required. The locations of the
hydrants shall be determined by the City Fire Marshal. -
q. Matedal Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building.
Prior 1
following:
~996
Resolution No.P-00-51
Page12
An Emergency Contingency Plan and Materials Disclosure
shall be filed with the County of San Diego Department of Health and
copies provided to the Fire Department.
All driveways in excess of 150 feet in length shall be provided with
approved tumarounds.
N. F. P. A. Standard 704, Hazardous Materials Labeling, shall be
provided as necessary throughout the building.
A water sy,
flow.
ysis will be performed to establish available fire
All elec~.rically operated access gates shall be equipped with a Knox
override switch. Contact the Poway Fire Department to order the
appropriate hardware.
Certificate of Occupancy the applicant shall comply with the
Prior to any use of the project site or business activity being :1
thereof, all conditions of approval contained herein shall be completed to the
sal : the Director of Development Services.
Grading of the project shall be in substantial :h the approved
development plan and in accordance with the Uniform Building Code, City
Grading Ordinance, and City Storm Water Management and Discharge
Control Ordinance.
Public imp 3all be completed. F
imp if posted and separate from the grading
be reduced twice b ' 31etlon of improvements.
~ies for public
shall only
Record drawings of the grading plans shall be submitted to and approved by
the Engineering Division.
A dedication of easement to the City for new public water lines,'as required
of the project, shall be recorded.
A dedication of an additional 5-foot wide general utility easement to the City,
contiguous with the existing 10-foot wide general utility easement as
dedicated per Map No. 12556, as required of the project shall be recorded.
199
Resolution No.P-00-51
Page14
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-00-51 was duly adopted by the
City Council at a meeting of said City Council held on the 11th day of July 2000, and that
it was so adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: EMERY
ABSTAIN: NONE
ABSENT: NONE
Lod Anne Peoples, City Clerk'
City of Poway