Covenant Regarding Real Property 1993-0734997
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
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992
D[ . U 1993-0734997
02-HOV-1993 09=02 AM
OFFICIAL RECORDS
SAH DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECOROER
RF: 13.00 FEES' 35.00
AF' 21.00
MF' 1.00
If.;CORDING REOUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
EI Rancho Grande, a General Partnership ("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 275-460-61 ("PROPERTY" hereinafter). In consideration of the approval
of Development Review 93-03 by the City of Poway ("CITY" hereinafter), OWNER hereby covenants
and agrees for the benefit of the CITY, 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, successors, h~irs, personal representatives, transferees and assigns of the
respective parties.
In the event that Development Review 93-03 expires or is rescinded by City Council at the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.
If either party is required to incur costs to enforce the provisions of this Covenant, the
prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, )J
from the other party. The CITY may assign to persons impacted by the performance of this,:oven~~~,1
.... "'.. '" Mfure, "'. COW",", ...';"" 0:: ~ ~ ~ ~ < ~
Dated: /C7~2P>73 'U'~~~~.
EI Rancho Grande, a Genera
(Notarize)
CITY OF POWA Y
Dated:
/O-5~ 9::;
By: 1lL tI,."]H -t/~-te>."
. 1
DESCRIPTION
994
'.Order No: 920660
-02
All that portion of the West Half ,of the Southeast Quarter of Section 35, Township
13 South, Range 2 West, San Berna~dino Meridian, in the City of Poway, County of
San Diego. State of California, according to the Official Plat thereof more
particularly described as follows:
COMMENCING at the Southeast corner of said West Half of the Southeast Quarter of
Section 35; thence Northerly along the Easterly line of said West Half of the
Southeast Quarter, North 000 35' 03' East, a distance of 495.10 feet; thence
Westerly along a line that is parallel with the Southerly line of said West Half
of the Southeast Quarter, North 880 11' 35' West, a distance of 358.31 feet to a
point that is South 880 11' 35' East, a distance of 526.78 feet from the Southeast
corner of Lot 1 of POWAY MEDICAL UNIT NO.1 recorded July 2, 1975, as Map No. 8138
in the Office of the County Recorder of San Diego County, thence North 020 06' 35'
East, a distance of 30.00 feet to a point on a line as described within an offer
to dedicate (public highway) recorded April 10, 1975 as File No. 75-083154 of
Official Records, said described line being the centerline of said proposed public
highway and the point being the TRUE POINT OF BEGINNING; thence following said
centerline North 880 11' 35' West, a distance of 17.99 feet to the beginning of a
tangent curve concave NortheastertY having a radius of 200_00 feet; thence
Westerly and Northwesterly along the arc of said curve through a central angle of
550 02' 35', a distance of 192.l4,feet; thence tangent to said curve.North 330 09'
00' West, a distance of 157.47 fe,t to the beginning of a tangent curve concave
Southwesterly, having a radius of1200.00 feet; thence along the arc of said curve
through a central angle of 170 56' 40', a distance of 62.64 feet; thence leaving
said centerline North 380 54' 20' East, a distance of 30.00 feet to a point being
the Southeasterly corner of Lot 5 of COUNTY OF SAN DIEGO TRACT 3591-2 recorded as
Map No. 9871 on November 4, 1980, in the Office of the County Recorder of San
Diego County; thence along the Southeasterly line of said Lot 5 North 480 55' 27'
East (North 480 53' 38' East per Map No. 9871), a distance of 134.65 feet (134.77
feet per Map No. 9871); thence Notth 000 39' 42' East (North 000 34' 35' East per
Map No. 9871), a distance of 90.07 feet (90.00 feet per Map No. 9871) to a point
being the Northeast corner of said Map No. 9871, said Northeast corner also being
North 880 11' 35' West, a distance of 548.05 feet (548.20 feet per Map No. 9871)
from a point on the Easterly lineiof said West Half of the Southeast Quarter of
Section 35; thence South 880 11' 35' East, a distance of 202.92 feet; thence South
020 06' 35' West, a distance of 1~5.14 feet to a point being on the Northwest
corner of Parcell as shown on Record of Survey Map No_ 8601, recorded November
26, 1980, in the Office of the County Recorder of San Diego County thence along
the Westerly line of said Parcell South 020 06' 35' West, a distance of 299.88
feet to the TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM that portion described in Irrevocable Offer to Dedicate Real
Property recorded April 10, 1975 as File No. 75-083152 and 75-083154, both of
Official Records, and accepted by Resolution No. 83-075, recorded October 25, 1983
as File No. 83-384442 of Official Records.
EXHIBIT A
995
RESOLUTION NO. P- 93-47
A RESOLU1ION OF THE CITY COUNCIL
OF THE C TY OF POWAY, CALIFORNIA
APPROVING !DEVELOPMENT REVIEW 93-03
ASSESSOR'S, PARCEL NUMBER 275-460-61
WHEREAS, Development Revi ew 93-03, submitted by McMahon/01 i phant
Properties, applicant, on behalf of H. R. Irwin, owner, requests approval for the
construction of a 31,000 square foot, two story, medical office building,
including an outpatient surgery center, on the property located at 12674 Monte
Vista Road, in the CO (Commercial Office) zone; and
WHEREAS, on October 5, 1993, 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: Environmental FindinQs:
The City Council finds that the project will not have an adverse impact on
the environment and hereb~ issues a Negative Declaration with mitigation.
Section 2: FindinQs:
1. The proposed development is in conformance with the Poway General
Plan, in that the General Plan designates the site for commercial
office development and the proposed project is a permitted use in
the CO zone.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or !architecturally related impact upon adjoining
properties, in that the proposed building is architecturally
compatible with surrounding commercial office developments.
3. That the proposed ~eve 1 opment is in comp1 i ance with the Zoni ng
Ordinance, in that all development standards will be met through
project constructio~.
,
4. That the proposed development encourages the orderly and harmonious
appearance of structures and property within the City, in that the
building materials and colors, and the landscaping and parking lot
design will be complementary to surrounding development.
Section 3: Citv Council Decision:
The City Council hereby approves Development Review 93-03 subject to the
following conditions:
Within 30 days of approvai (1) The Applicant shall submit in writing that
all condi t ions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
EXHIBIT B
~96
Resolution No. P-93-47
Page 2
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and buinding elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request shall not waive compliance with all sections of
the Zoning Development Code and all other applicable City Ordinances in
effect at the time of building permit issuance.
4. Trash receptacle shall be enclosed by a six foot high masonry wall with
vi ew-obstruct i ng gates pursuant to Ci ty standards. Location shall be
subject to approval by th~ Planning Services Department.
5. All roof appurtenance~, including air conditioners, shall be
architecturally integrated, shielded from view and sound buffered from
adjacent properties and streets as required by the Planning Services
Department.
6. Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
7. 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.
S. The emergency generator shall be screened by a masonry wall, in the
location indicated on thelproposed site plan near the west property line.
The generator shall be k~pt in good operating order so as to minimize
hydrocarbon emissions.
9. Ma i nta in effective measures for the handl i ng and di sposa 1 of all hazardous
materi al s.
10. This approval shall become null and void if building permits are not
issued for thi s project wi thi n two years from the date of project
approval.
--97
Resolution No. P-93-47
Page 3
PARKING AND VEHICULAR ACCESS
1. All parking lot landscapihg shall consist of a minimum of one 15 gallon
size tree for every three spaces. For parking lot islands, a minimum 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
concrete cement curbing.
2. Parking lot lights shall be low pressure sodium and have a maximum height
of 18 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and residences.
3 . All two-way traffi c a i sl es shall be a mi nimum of 25 feet wi de and
emergency access shall be provided, maintained free and clear, a minimum
of 25 feet wide at all times during construction in accordance with Safety
Services Department requirements.
4. All parking spaces shall be double striped.
LANDSCAPING
1. A detailed landscape an~ i rrigat i on plan shall be submi tted to and
approved by the Public Services Department and Planning Services
Department prior to the issuance of building permits.
2. A Master Pl an of the exi st i ng on-s ite trees shall be provi ded to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and shall be
trimmed and/or topped. Dead, decayi ng or potent i ally dangerous trees
shall be approved for removal at the discretion of the Planning Services
Department during the review of the Master Plan of existing on-site trees.
Those trees which are approved for removal shall be replaced on a tree-
for-tree basis as required by the Planning Services Department.
4. Street trees, a minimum ofl15 gallon size or larger, shall be installed in
accordance with the City of Poway ordinance and shall be pl anted at an
average of every 30 feet.
5. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
6. The property shall be annexed into the appropriate landscape maintenance
district prior to final building occupancy.
198
Resolution No. P-93-47
Page 4
SIGNS
Any signs proposed for thi's development shall be designed and approved in
conformance with the Sign Ordinance.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
For a new commercial development, the applicant shall pay development fees
at the established rate. The following fees, including but not limited
to, traffic mitigation, drainage, water base capacity, sewer line charge,
and reimbursement agreement fees shall be paid prior to building permit
issuance.
Permit and pl an check fees shall be paid upon submittal of improvement
and/or grading plan, as applicable. All other fees, including but not
limited to, water service, fees, remaining sewer connection, sewer clean
out, and sewer inspectio~ fees shall be paid prior to building permit
issuance. .
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. A soils report shall be Prepared by a Qualified engineer licensed by the
State of California to perform such work at first submittal of a grading
pl an.
3. A geological report shall be prepared by a Qualified engineer or geologist
and submitted at the time'of application for grading plan check.
4. The final grading plan, !prepared on a standard size sheet, shall be
subject to review and approval by the Planning Services and Engineering
Services Departments and shall be completed prior to issuance of a grading
permit.
5. A pre-blast survey of sljrrounding property shall be conducted to the
satisfaction of the City iEngineer prior to any rock blasting. Seismic
recordings shall be taken' for all blasting and blasting shall occur only
at locations and levels approved by the City Engineer.
6. A final compaction report shall be submitted and approved prior to
issuance of building perm~ts.
7. Site grading shall be certified by the project civil engineer prior to
issuance of building permits.
999
Resolution No. P~3-47
Page 5
10.
All new slopes shall be a! maximum of 2:1 (horizontal to vertical).
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Non-supervised and/or non-engineered fill are specifically prohibited.
Rock disposal areas shall be graded in compliance with City-approved soils
investigations and recommendations and grading plans.
The tops and toes of any graded slopes shall be constructed with a five
foot minimum setback from any open area and property lines.
8.
9.
STREETS AND SIDEWALKS
1. Parking lot structural sections shall be submitted to, and approved by the
City Engineer. Pavement sections shall conform to the minimum required by
the Poway Municipal Code using a minimum traffic index of d.S.
2. All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced prior to exoneration of bonds and
improvements, to the s~tisfaction of the Department of Engineering
Services.
3. Prior to any work beinlg performed in the public right-of-way, an
encroachment permit sha l!l be obtained from the Engi neeri ng Servi ces
Department and appropriate fees paid, in addition to any other permits
required.
4. The developer shall acqui re an encroachment permi t for any pri vate
improvements placed within the public right-of-way.
DRAINAGE AND FLOOD CONTROL
1. A drainage system capable of handling and disposing of all surface water
originating within the property, and all surface waters that may flow onto
the subject property from adjacent lands, shall be required. Said
drainage system shall include any easements and structures as required by
the Director of Engineerirg Services to properly handle the drainage.
2. Portl and cement concrete cross gutters shall be i nsta 11 ed where water
crosses the roadways.
3. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
UTILITIES
1. All proposed utilities within the project shall be installed underground.
2. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
3. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
1000
Resolution No. p-93-47
Page 6
4. Water, sewer, and fi re protect i on systems plans shall be des i gned and
constructed to meet requirements of the City of Poway and the County of
San Diego Department of Health.
5. The appl icant shall pay for a water system analysis to establ ish the
proper size and location for the public water system. The amount shall be
paid upon demand by the City.
6. The appl icant shall, within 30 days after receiving approval of the
development review, apply for a Letter of Availability (LOA) to reserve
sewerage availability and post with the City, a nonrefundable reservation
fee equal to 20% of the appropriate sewerage connection fee in effect at
the time the LOA is issued.
7. Cable television services shall be provided and installed underground.
The developer shall notify the cable company when trenching for utilities
is to be accomplished.
8. Water and sewer main lin$s and appurtenances that will be installed at
locations other than wi~hin public streets shall have an easement, a
minimum of 20 feet wide" dedicated to the City of Poway. Multiple
parallel facilities will ,require additional easement width for on-site
facilities. Dedicationi shall be offered prior to building permit
issuance.
9. All public utility lines (ie. water, sewer, drainage) not located within
public streets shall have an improved access over and along the respective
easement, the surfacing and width of which shall be acceptable to the City
Engineer.
GENERAL REQUIREMENTS AND APPROVALS
Prior to occupancy, all dedications shall be made and easements granted as
required above.
,
APPLICANT SHALL CONTACT THE OEP~RTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FbLLOWING CONDITIONS:
1. Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
2. The buildings shall displiay the 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.
1001
Resolution No. P-93-47
Page 7
3. The builders will be required to install an approved fire sprinkler system
and standpipe system. Th~ entire system is to be monitored by a central
monitoring company. A system post indicator valve with tamper switch,
also monitored, shall be located by the City Fire Marshal prior to
i nsta 11 at i on.
4. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with all-weather surface of
not less than 20 feet of u~obstructed 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 City of Poway Municipal
Code.
5. The addition of two (2) on-site fire hydrants is required. The location
of the hydrants shall be determined by the City Fire Marshal. Approximate
locations will be at the driveway entrance into the project site and near
the northeast corner of the project site.
6. A 'Knox' Security Key Box jshall be required for the bUilding at a location
determined by the City Fiire Marshal. A 'Knox' padlock shall be required
for the fire sprinkler system Post Indicator Valve.
7. Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building.
B. A "Business Plan" and Hazardous Materials Disclosure is required to be
fi 1 ed with the County of San Di ego Department of Health and copi es
provided to the Fire Department.
9. Fi re Department access for use of fi re fighting equi pment shall be
provided to the immediate job construction site at the start of
construction and maintained at all times until construction is completed.
10. Permanent access roadwaysjfor fire apparatus shall be designated as 'Fire
Lanes' with appropriate s~gns and curb markings.
11. If an elevator is installed, it shall be sized to accommodate a normal
hospital gurney. Minimum depth/width to be seventy-five (75) inches.
12. If medical gases are planned to be used in this building, they shall be
installed to meet requirements for Uniform Fire Code Article 74 -
Compressed Gases.
1002
Resolution No. P-93-47
Page 8
APPROVED and ADOPTED by the City Council of the City of Poway, State of
Cal ifornia, this 5th day of Ootober, 1993.
~~--N . .
Don Higginson, Ma~
ATTEST:
! l'\/,~,~___.:v ~ )'l~u~~
MarjorieK. Wahlsten, City Clerk
;
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STATE OF CALIFORNIA
)
} SS.
}
COUNTY OF SAN DIEGO
I, Mar jori e K. Wahl sten. City Cl erk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. P-93-47
, was duly adopted by the City Council at a meeting of said City Council
held on the ~ day of October . 1993, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
J1ltLv\'~ K ?l'{YI.-')~
Marjorie jK. Wahlsten, City Clerk
City of Poway
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