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Covenant Regarding Real Property 2000-02303343UEST BY: CITY CLERK I ~'No Transfer Tax Due TO: HAY 04, 2000 8:!0 A~'~ SAN DIEG COUNTY REO DER'S OFFICE GREGORY . SMITH, g TY RECORDER EES: i.00 COVENANT REGARDING REAL PROPERTY Tech Business Center, LLC, PROPERTY OWNER ("OWNER" hereinafter) is the owner of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as Assessor's Parcel Number 320-031-01 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 00- 04, HGP Holdings, Inc., 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, J ~ :1 assigns of the respective parties. In the event that Conditional Use Permit 00-04 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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 ' * :this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. Dated: Dated: April 26, 2000 TECI-] BUSINESS QENTER, LLC ~ By: Te~c~ Corp. By: ~'/'~>' / Paul K. Tcha~§/_~ ' (Notarize) CITY OF POWAY iai Fda, E~irector of D~v~pment Services . CALIFORNIA ALL-PURPOSI= ACKNOWLEDGMENT State of County of $~Ln D£e9o On April 26, 2000 Date personally appeared before me Susa~ E. ~ub~Lnk, Nota~ Public Paul K. Tchang person(s) acted, OPTIONAL Description of Attached Document Title or' Covenant Re al PrE Signer(s) Other Niall Fritz, Director of Develc City of Poway Capacity(les) Claimed by Signer(s) Services [] Individual [] Individual [] [] Title(s): Title(s): [] Partner-- [] Limited [] General [] Partner -- [] Limited ~ General [] Trustee [~ Trustee [] Other: [] Other: Prod. No. 5907 EXHIBIT A Legal Description LOT 2 OF CITY OF POWAY TRACT 86-02(R)2 POWAY CORPORATE CENTER UNITS 2 AND 3, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13944, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 13, 2000. APN: 320-031-01 RESOLUTION NO. P-00-28 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 00-04 AND DEVELOPMENT REVIEW 00-01 LOT 2 OF TENTATIVE TRACT MAP 86-02R WHEREAS, Conditional Use Permit 00-04 and Development Review 00-01 were submitted by HGP Holdings, Inc. for the purpose of establishing an outdoor yard and constructing a 34,750 square foot, two-story industrial building on Lot 2 of Tentative Tract Map 86-02R ' designated for Light Industrial land use, within the South Poway Planned Community zone; and WHEREAS, on Apd118, 2000, the City Council held a duly advertised public hearing to solicit comments from the public, both pre and con, relative to this application; and NOW, THEREFORE, the City Council does hereby follows: Conditional Use Permit 00-04 and Development Review 00-01 will not result in a significant adverse impact upon th l and the Negative C dated March 17, 2000, is approved. Section 2: Notice is given that pursuant to G : Code Section 66020(d)(1), the 90-day period to protest the imposition of any fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this approval and any such protest must be in a manner that complies with G I Code Section 66020. In addition to the appeal req ' pursuant to the G : Code a wdtten request for rehearing of this decision pursuant to the Poway Municipal Code must also be filed. Section 3: The findings, in accordance with the South Poway Specific Plan and Section 17.48.070 of the Poway Municipal Code for Conditional Use Permit 00-04 approving the establishment of an outdoor storage yard, are made as follows: The project is consistent with the General Plan and the South Poway Specific Plan as it designates this site for Light Industrial uses including an outdoor storage use, with the benefit of a conditional use permit. The location, size, design, and operating ch of the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, structures, or natural as the project is designed to be consistent with industrial development in the area and the outdoor yard area will I: -I from view from adjacent properties by the ~an 8-10 foot high solid wall and landscaping. Resolution No. P-00-28 Page 2 The harmony in scale, bulk, coverage, and density is consistent with adjacent uses because the site will be improved with the installation of landscaping and an 8-10 foot high solid wall in accordance with the develop :lards of the South Poway Specific Plan. There are available public facilities, services, and utilities because the use will be located in a development where all necessary facilir :ly in place. There will not be a harmful effect upon desirable neighborhood ch ' ' the outdoor storage yard will be completely screened from view from adjacent properties by th :an 8-10 foot high solid wall and landscaping. The generation of traffic will not adversely impact the surrounding streets and/or the City's Transportation Element, as the use will operate in an area wh 3 street improvements and off-street parking will be adequate given the scale of the proposed use. The site is suitable for the type and intensity of the use in that it is an area designated for Light Industrial uses with immed to a major street. There will be no significant harmful effects Ul; quality and natural as there are no natural features remaining on the property. I. Th be mitigated. negative impacts of the development that cannot Section 4: The findings, in accordance with Section 17.52 of the Poway Municipal Code and the implementation procedures for the South Poway Specific Plan for Development Review 00-01 approving th =a 34,750 square foot, two-story industrial building on Lot 2 of Tentative Tract Map 86~02R are made as follows: The approved project' ! with the South Poway Specific Plan and the General Plan as an industrial building is permitted within the Light Industrial land use designation. The approved project will not have an aC :hetic, health, safety, or architecturally related impact upon adjoining properties as the design of the building for the intended I; to th :the South Poway Development Standards and will be compatible with current and future buildings in the vicinity. Resolution No. P- 00-28 Page 3 The approved project encourages the ordedy and h 3pearance of structures and property within the City as the use is :h the general design standards in the South Poway Business Park. Section 5: Conditional Use Permit 00-04 and Development Review 00-01 ;l of the development of a 34,750 square foot industrial building and outdoor storage yard on Lot 2 of Tentative Tract Map 86-02R within the South Poway Planned Community zone, as shown on the plans dated January 26, 2000, is hereby approved subject to the following conditions: Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall Covenant on Real Property. 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 the surrounding residential and uses. This conditional use permit may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to add that may h J dudng the past year. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the conditions contained herein. The applicant shall comply with the Poway Municipal Code and 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. Prior 1 : a building permit the applicant shall obtain approval of a grading permit. Compliance with the following conditions is required prior ! the grading permit: The applicant/developer shall submit precise grading plans, permit application/s, plan checking/inspection fees, geotechnical report and geotechnical review fees to the Development Services Department. Grading of the project shall be in substantial with the approved development plan and in accordance with the Uniform 10. 11. Resolution No. P-00-28 Page 4 Building Code, City Grading Ordinance, and City Storm Water Management and Discharge Control Ordinance. E , including but not limited to desiltation basins, shall be installed and:1 from October 15 to April 15. 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 of all erosion control devices. Payment of permits, plan checking, inspection, and geotechnical fees. Submittal of grading plans 1' approval. Submittal and/or payment of grading securities. Securities must be approved by the City Attorney. Submittal of pollution prevention plan. Submittal of a copy or a proof of filing of a Notice of Intent (NOI) application for coverage of the National Pollutant Discharge Elimination System (NPDES) permit. Paving of the parking lot shall conform to the standards set forth in Section 12.20.080 of the Poway Municipal Code. All driveway approaches to the development shall be with alley-type curb returns. Complete landscape cJ shall be submitted to the Planning Division for review and approval. 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: Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway Guide to Landscape Req :1 shall be planted at an average of 30 feet on center spacing along all streets. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner. All existing Resolution No. P- 00-28 Page 5 irrigation and landscaping within any designated LMD and Land Development Associar 3all be protected. A minimum 10 foot high solid d ry wall shall be installed along the westerly and northerly boundaries of the storage yard and a minimum 8 foot high solid masonry, concrete or comparable non combustible, earth-toned wall shall be installed along the eastedy and southerly boundaries of the storage yard. Evergreen landscaping shall be installed in an irregular pattem along the outside of the wall to break up the horizontal expanse of wall. The building = the wall shall be reviewed and approved by the Director of Development Services. Compliance with the following conditions is required prior 1 public imp The applicant/developer shall submit plans for iml; : public water system for onsite fire hydrant installation, if required by the City Fire Marshal, to the Development Services Department for approval. ImF 3all be constructed in accordance with City adopted standards and si: the latest adopted edition of the Standard Specifications for Public Works Construction and its corresponding San Diego supplements, the currant San Diego Regional Standard Drawings and the South Poway Specific Plan. The applicant/developer shall provide for a drainage system capable of handling and disposing of all surface water originating within the project site and all surface water that may flow onto the project site from adjacent lands. Said drainage system shall include any and raquirad by the Director of Development S City Engineer to properly handle the drainage and shall be designed so as to prevent ponding of surface water that would create a public hazard An easement, ' ' ~ 20 feet wide for each new public water line, shall be dedicated to the City. Onsite potable water lines shall be -1 for fire hydrant installation as required by the City Fire Marshal. The size and location of the water lines shall be as established by a water system 10. 11. 12. 13. Resolution No. P-00-28 Page 6 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 prior to submittal of improvement plans. All new and existing electrical/ ~CATV utilities within the boundaries of the project shall be installed underground prior to installation of , gutters, sidewalks and surfacing of the streets. The applicant/developer is responsible for COmplying with the req of this condition, and shall make the necessary arrangements with each of the serving utilities. The locations and sizes of all utility boxes and vaults within street rights-of-way and the City's general utility easement shall be shown on the improvement plans. The applicant/developer shall ob1 ' lment permit from the City for any pdvate imf placed within public street rights-of- way or City A water system analysis shall be prepared for sizing of public water lines. Public improvement plans shall be submitted :1 approval. Execution of a Standard Agreement for C of Public Improvements and posting of performance and payment securities. The Agreement and ! be waived by the City Engineer if a substantial amount of grading is completed prior to installation of public imp and there are sufficient grading securities still being held by the City to secure the imp Payment of improvement plan checking, inspection, and improvement plan administrative fees. Acquisition of a right-of-way permit. The permit is required before any work is to be done in public street rights-of-way or City-held 14. Acquisition of private iml~ way or City-held ~ment permit. The permit is needed if any to be placed within public street rights-of- Resolution No. P-00-28 Page 7 15. (one :1) shall be installed for the project. Compliance with the following conditions is required during construction of site imp 1. Erosion control devices shall be installed and :1 between October 15 and April 15. 2. The Storm Water Pollution Implementation Plan shall be implemented. A warranty bond shall be posted after completion of all public imp :luired to be constructed with this project. Pdorl :a building permit the applicant shall submit building plans consistent with the approved project plans on file in the Planning Division. The plans submitted shall include the following: 1. The plans shall show all new and existing utilities placed underground. In addition, the I :1 method of screening .all utility boxes shall be shown. School impact fees shall be paid at the rate established at the time of building permit issuance. PI · ~ the Poway Unified School District for additional information at (858) 748-0010, Ext. 2089. Plans for water, sewer, and fire p and ~ to meet the req ./stems shall be designed : the City of Poway. Trash receptacles shall b :1 by a six foot high masonry wall with view-obstructing gates. L ~all be subject to approval by the Director of Development Services. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and ~uired to the sa1 = the Director of Development Services. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electdc Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. Resolution No. P- 00-28 Page 8 10. 11. 12. 13. 14. The colors on the building shall be consistent with the approved ~e Development Services Department. The percentage of total building area improved as office space shall not exceed forty (40) pement of the total building area. Further, tenants of the property shall be limited to Light Industrial uses as defined and listed in the current City of Poway South Poway Specific Plan Development Standards. The site plan shall show all required parking. In accordance with the South Poway Development Standards, a minimum of 70 parking spaces shall be provided (based on total building area being 34,750 square feet). All parking lot landscaping shall include a ' ' "one 15 gallon size treefor every three spaces. For parking lot islands, a minimum 12 inch wide walkway adjacent to parking stalls shall be provided and be separated from veh by a six inch high, six inch wide Portland l curb. All two-way trail' 3all be a ' ' ~ 25 feet wide. All parking spaces shall be double stdped. Th ' ' d for standard sized parking stalls shall be 8.5' x 18.5'. The parking lot design shall comply with the ,~ :h Disabilities Act, i.e. 1:25 ratio 1' 31e spaces with 31e space. Parking lot lights shall be Iow p :lium and have a height of 25 feet from the finished grade of the parking surface and be directed away from all property lines, adjacent streets and buildings on adjacent lots. Any proposed security lighting shall utilize Iow pressure sodium fixtures. The fixtures shall be shielded with well defined cut-off limits to confine illumination to onsite areas only. Wall mounted security lights shall only be used on the rear or interior sides of buildings. Security lights within the storage yard area exceeding a height of 8 feet shall ' ' 25 foot setback from the wall along the outer limits of the yard. Secudty lights installed at a level of 8 feet or lower may be installed anywhere within the storage yard. 15. 16. 17. 18. Resolution No. P-00-28 Page 9 All parking stalls shall observe a minimum 25 foot setback from the right of way. Parking stalls that are parallel to the street shall observe · ' 40 foot setback from the right of way. 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: Site Plan Check Shut Down Test ** Title 22 Inspection $400 avg. costs* $320 avg. costs* $ 80 avg. costs* * Based on full cost recovery; actual 1' I 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. Rough grading of the lot is to be completed and meet the approval of the City Engineering Inspector and shall include submittal of the following: a. A final soil compaction report 1' approval by the City. b. Certification of line and grade. The certification shall be prepared by the project's civil engineer. The following development fees shall be paid to the Engineering Division prior to building permit issuance. These 1' lly in effect and are subject to change. FEES AMOUNT "meter) Resolution No. P-00-28 Page 10 50;00 ain; ark 15,203.74& City water base capacity cost (subject to change): 1" meter = Prepaid (subject to verification) If applicant/developer decides to upsize the prepaid meter (potable), the balance of the City water base capacity fee is as follows: 1W' meter 2" meter Other sizes = $10,388.00 - $4,527.00 = $5,861.00 =$16,694.00 - $4,527.00 = $12,167.00 = Contact City Engineering Division SDCWA base capacity fee (subject to change): 1" meter = Prepaid (subject to verification) If applicant/developer decides to upsize the prepaid meter (potable), the balance of the SDCWA fee is as follows: 1W' meter 2" meter Other sizes = $ 5,613.00 - $1,280.00 = $4,333.00 = $ 9,729.00 - $1,280.00 = $8,449.00 = Contact City Engineering Division W' fee (subject to change) for 1" meter = Prepaid (subject to verification) Resolution No. P- 00-28 Page 11 If applicant/developer decides to upsize the prepaid meter (potable), the balance of the potable meter fee is as follows: 1W' meter 2" meter Other sizes $600.00 - $270.00: $330.00 $800.00 - $270.00 = $530.00 Contact City Engineering Division Balance Due: =(9.9 EDU X $2356/EDU) - Credit of $11,662.20 = $11,662.20 Note: The actual building area to be built is 34,750 s.f. Since this is less than the allowable building area of 59,612 s.f., based on 3.91 net acres at 35% coverage, the allowable building area g ling sewer EDU's; calculated EDU's are 9.9. First half of sewer connection fee has already been paid. See LOA #2261' 3ility Pay $4,692.00 pro-rata share (see Standard Agreement, Schedule A for TM 86-02R, Units 2 & 3 for reference) unless proof of payment of $147,276 is provided to the City. 3.91 g X $1,200/ac. = $4,692 Pay $15,203.74 pro-rata share (see Standard Agreement, Schedule A for TM 86-02R, Units 2 & 3 for reference) unless proof of payment of $174,979.13 is provided to the City. (3.91 net acres X $272,578.60) + 70.1 net acres = $15,203.74 Where 70.1 acres is the net area of Poway Corporate Center Units 1,2 & 3, TM 86-02R. $272,578.60 represents the total amount for combined 70.1 net acres in Units, 1, 2 & 3 of TM 86-02R Credited for offsite imp 19. Resolution No. P- 00-28 Page 12 The following imp shall be provided to the satisfaction of the Director of Safety Services: a. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. #64. b= 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 turning radius capable of supporting the imposed loads of fire apparatus and having ' ' ~ 13 feet six inches (13'6") of vertical The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. The building will be required to install an approved fire sprinkler system meeting P.M.C. req , 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' 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 ind :h tamper switches, also monitored, are to be located by the City Fire Marshal pdor to installation. Contractor(s) installing fire sprinkler and underground 1' wall obtain a copy of the Fire Department's "Policies for Automatic Fire Sprinkler Systems." Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and J at all times until is completed. e. The addition of onsite fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. f. The applicant shall provide a detail plan for all storag a complete racking plan. g. Material Safety Data Sheets shall be required for all hazardous and/or toxic sub ' :1 in each building. Resolution No. P- 00-28 Page 13 Prior to delivery of combustible building matedal on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the publ' `l 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 otb :y has been substantially completed to the satisfaction of the City. The buildings shall be provided with approved automatic smoke and heat vents. A water system analysis will be performed to establish available fire flow. An 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 3any or proprietary Contractor shall ensure that conflicts between sprinkler head -I 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 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 from the standpipe or attached additional risers, accessible by a 3' man door. n. If an elevator is installed, it shall be sized to -late a normal hospital gumey. Minimum d' for the inside car platform shall be 6'8" wide by 4'3" deep. o. Show post indicator valve, swing check, and Fire Department on east side of driveway. p. Wareh lall have man door exiting every 100 feet. Compliance with the following conditions is required prior to occupancy: Resolution No. P- 00-28 Page 14 Approval of this request shall not 31iance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of building p 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 satisfaction of the Director of Development Services. All landscaped areas shall be :1 in a healthy and thdving condition, free from weeds, trash, and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted 1 ' the health of the trees and to protect the public safety. Unnatural or pruning, including topping, is not permitted. Any signs proposed for this development shall be designed and approved in with the South Poway Specific Plan Standards. The public imp City Engineer. 3all be completed to the satisfaction of the Record drawings signed by the engineer of work shall be submitted to the Engineering Division pdor to a request for occupancy. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading Dedication of to the City for new public water, sewer, and drainage lines, as required of the project. Required project landscaping and irrigation shall be installed to the sat' : the City Planner prior to approval of final occupancy. The following imp shall be provided to the satisfaction of the Director of Safety Services: ao The building shall display -Idress in a 31e from the access street. Minimum size of building numbers is 18 inches on facade of building. Building address shall also be displayed on the roof in a Iactory to the Director of Resolution No. P-00-28 Page 15 Safety Services, and meeting Sheriff's Department ASTREA criteria. b. N.F.P.A. Standard 704, Hazardous Material Labeling, shall be provided 3/throughout the building. A security key box shall be required for the building at a location determined by the City Fire Marshal. A padlock shall be required for the fire sprinkler system post °nd do Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. so Minimum 4A:60BC fire extinguisher required for every 3000 square feet and 75' travel distance. 2A10BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75' of travel distance. fo An Emergency Contingency Plan and Hazardous Materials D lall be filed with the County of San Diego Department of Health and copies provided to the Fire Department. g° All electrically operated access gates shall be equipped with a Knox override switch. Contact the Poway Fire Department to order the appropriate hardware. K. Upon establishment of the use, the following conditions shall apply: The height of any equipment, supplies, vehicles, storage racks or facilities stored within the outdoor yard shall be such that they are not visible from any elevation equal to or lower than the subject property. Section 6: The approval of CUP 00-04 and DR 00-01 shall expire on April 18, 2002 at 5:00 p.m. unless prior to that time a building permit has been issued and construction on the property' the project approval I; :1 prior to its expiration. Resolution No. P- 00-28 Page 16 PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, at a regular meeting this 18th day of April, 2000. Michael P. Cafagn~ ATTEST: L~ror ~nne Peoples, City Cler~ 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- 00-28 , was duly adopted by the City Council at a meeting of said City Council held on the 18th day of April, 2000, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: EMERY GOLDBY, HIGGINSON, REXFORD, CAFAGNA L~ori ~nn~ P2ples, City of Poway