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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 In the event that CUP 00-07 and MDRA 00-15 expire or are rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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