Covenant Regarding Real Property 1992-0536853
CITY CLERK
CITY OF POWAY
P.o. BOX 789
POWAY, CA 92064
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DOC u 1992-0536853
2S-AUu-1992 09=48 AM
OFFICIAL RECORDS
SAH DIEGO COUNTY RECORDER'S OFFICE
AHHETTE EVAHS, COUHTY RECORDER
RF: 15.00 FEES: 41.00
AF: 25.00
Mr' 1.00
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
No Transfer Tax Due
IThis soace for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Parkway Business Centre Partners, Ltd., a California Limited 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
317-280-26 and 317-280-27 ("PROPERTY" hereinafter). In consideration of the approval
of Variance 92-07 and Development Review 92-01 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, heirs, personal representatives,
transferees and assigns of the respective parties.
In the event that Variance 92-07 and Development Review 92-01 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rescinded by City Council at the request of the OWNER, CITY shall expunge this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, from the other party. The CITY may assign to persons
impacted by the performance of this Covenant the right to enforce this Covenant against
OWNER.
PARKWAY BUSINESS CENTRE LTD
A CALIFORNIA LIMITED PARTNERSHIP
Dated:
t((D!q 2-
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OWNER (Notarize)
E. Rex Brown
CITY OF POWAY
Dated:
fi'/4/ y2-
By -P.I,^, wT-0~~
(No need to Notari )
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LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
LOTS 14 AND 15, OF CITY OF POWAY TRACT 87-13 UNIT 1, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, FEBRUARY 8, 1990.
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WAAIE LOFTON
Notary PubI1c.CCIlIIorrla
SAN DEGO COUN1V
~ CClmmIaIOn ElcpIr8I
AprI26.1994
888
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()l this the / t3 U day of " ./l-j- 19~, before me, *
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the undersigned Notary Public, personally appeared *
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~ proved to me on the basis of satisfactory evidence
to be the person~ who executed the within instrunent
on behalf of the partnership, and ackoowledged to me that *
the partnership executed it.
WI'mESS IIW hand and official seal.
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()l this the day of 19 _, before me, *
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the undersigned Notary Public, personally appeared *
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be the person(s) who executed the within instrunent as *
or on behalf of the corporation *
and acknc::lwledged to me that the corporation *
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WI'mESS IIW hand and official seal.
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"89
RESOLUTION NO. P- 92-38
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 92-07 AND
DEVELOPMENT REVIEW 92-01
ASSESSOR'S PARCEL NUMBER 317-280-26 AND 27
WHEREAS, Variance 92-07 and Development Review 92-01 submitted by Parkway
Business Centre Partners, ltd., applicant, requests construction of a 59,078
square foot warehouse on lot 14 and a portion of lot IS in Parkway Business
Centre between South Poway Expressway and Danielson Street in the Ll (Light
Industrial) land Use Designation. Variances are requested to allow observance
of a 35 foot setback on South Poway Expressway, where a 50 foot setback is
required and to permit a 15 foot high crib wall where a 12 foot high wall is the
maximum permitted by the development standards; and
WHEREAS, on August 4, 1992, the City Council held a public hearing on the
above referenced items.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
The City Council finds that the potential environmental impacts of
Development Review 92-01 were adequately discussed in the 1985 EIR and the
1988 Subsequent EIR for the South Poway Planned Community (SPPC).
Variance 92-07 is categorically exempt from environmental review as it
involves minor alterations to land use limitations (Class 5).
Section 2: Findinos:
Variance 92-07
I. That granting the variance or its modification will not be
incompatible with the City of Poway General Plan because the
proposed structure meets a 11 appl icabl e development and design
standards.
2. That there are special circumstances applicable to the property
(size shape, topography, location, or surroundings) or the intended
use of the property, and because of this, the strict application of
the Zoning Ordinance deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning
classification.
The special circumstances include the fact that the building pad is
from 18 to 20 feet below the grade of South Poway Expressway which
decreases the need for a large setback and makes this deviation less
not i ceab 1 e. There is also a three - four foot high berm wh i ch
screens views into the subject and minimizes the visual impact of
siting the building closer to the roadway.
3. That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zone and denied to the
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Resolution No. P- 92-38
Page 2
property for which the variance is sought; in that surrounding
properties are developed with similar large storage and distribution
facilities. Without the approval of the variance, it would be
difficult for this large building to meet the design standards of
the park. The subject lot has two front yards. Decreasing the
setback on South Poway Expressway allows an increased front yard
area on Danielson which allows the applicant the flexibility to
provide offsets and variation in the building facade per established
Development Standards.
That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, or
injurious to the property or improvements in such vicinity and zone
in which the property is located; because the grade differential
will minimize the visibility of this deviation from setback
standards and the 15 foot crib wall will be fully landscaped to
create an attractive backdrop for the industrial building.
5.
The granting of this variance does not constitute a special
privilege inconsistent with the limitations upon other properties in
the vicinity and zone in which such property is situated; because
this is one of the few lots where grading design has blocked views
of the building pad from South Poway Expressway.
The granting of this variance does not allow a use or activity which
is not otherwise expressly authorized by the Zoning Ordinance
governing the parcel of property; in that storage and distribution
facilities are permitted uses in the II land Use Designation.
DeveloDment Review 92-01
6.
1.
The proposed structure will be consistent with the existing specific
plan and general plan in that it is designed for light industrial
use which is consistent with the land Use Designation shown in the
South Poway Specific Plan.
The proposed development will not have an adverse aesthetic, health,
safety, or architecturally related impact upon adjoining properties,
because the building has been designed in accordance with the area-
wide development plan and because the project incorporates varied
architectural details, adequate landscaping, and appropriate
screening for loading areas and doors.
The proposed develDpment is in compliance with the South Poway
Development Standards and the South Poway Planned Community
Development Plan an all amendments thereto.
The proposed development encourages the orderly and harmonious
appearance of structures and property within the City through its
consistency with the SPPC plan which provides high standards for
development throughout the 2500 acre planned community.
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Resolution No. P-92-38
Page 3
Section 3: City Council DecisiQn:
The City Council hereby approves Development Review 92-01 and Variance 92-
07 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 execute a Covenant on Real Property.
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 building 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 Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
Prior to issuance of building permits, the CC&Rs for Parkway Business
Centre shall be amended to reflect the increase in building area for Lot
14 and proportionate reduction in allowable floor area for remaining
developable lots within the subdivision.
5. The subject building shall be restricted to use as a warehouse/
distribution facility. If the property owners wish to change the use for
this facility, additional passenger vehicle parking must be provided on
site at a minimum ratio of one space for each 500 square feet and required
parking lot landscaping shall be installed per standards listed in the
South Poway Development Guidelines.
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6. Additional architectural enhancement shall be added to the building facade
prior to issuance of building permits - especially along the southern and
western building elevations. Acceptable architectural features might
include, but are not limited to, variations in color, use of textured
surfaces or reveals, windows and/or architectural projections.
7. The security fencing which separate the truck yard from Danielson Street
shall be wrought iron on a three - four foot decorative masonry or
concrete base. The wall design shall be approved by the Planning Services
Department prior to issuance of building permits.
B. 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.
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Resolution No. P-92-38
Page 4
9. 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 penlit issuance.
10. For a new commercial or industrial development, the applicant shall pay
development fees at the established rate. Such fees .ay include, but not
be limited to: Permit and Plan Checking Fees, Water and Sewer Service
Fees. These fees shall be paid prior to building permit issuance.
11. This approval shall become null and void if building permits are not
issued for thi s project withi n two years from the date of project
approval.
PARKING AND VEHICULAR ACCESS
1. All two-way traffic aisles shall be a minimum of 25 feet wide 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.
2. All parking spaces shall be double striped.
LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits. Landscaping shall include plantings to cover the
proposed crib wall. It shall also include screening trees spaced ten feet
apart and dense planting of shrubs in the area along the southern building
elevation and atop the berm along South Poway Expressway.
2. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this 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:
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading/private
improvement plan and soils report, and the South Poway Planned Community
Development Standards.
2. A soils report shall be prepared by a qualified engineer licensed by the
State of Cal ifornia to perform such work at first submittal of a
grading/private improvement plan.
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Resolution No. P-92-38
Page 5
3. The grading/private improvement plan prepared on standard size sheets at
20 scale by a registered civil engineer 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.
4. A pre-bl ast survey of surrounding property shall be conducted to the
satisfaction of the City Engineer 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.
5. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
6. A final compaction report shall be submitted and approved prior to
issuance of building permits.
7. Site grading shall be certified by the project civil engineer prior to
issuance of building permits.
8. Buildings and parking lots shall be at least five feet from tops and toes
of slopes.
9. Grading shall be compatible with the existing grades for TTM 87-13.
10. letter of permission to grade on lot 15 is to be supplied to the City
prior to issuance of a grading permit.
STREETS AND SIDEWALKS
1. All parking lot structural sections shall be submitted to and approved by
the Director of Engineering Services. Pavement sections shall conform to
the minimum required by the Poway Municipal Code Section 12.20.080.
2. All exterior street improvements shall be constructed prior to issuance of
building permits to the satisfaction of the Director of Engineering
Services.
3. Street improvements that include, but are not limited to:
X Sidewalks
----L- Driveways
X Wheel chair ramps
----L- Curb and gutter
_____ Cross gutter
_____ Alley gutter
X Parking lot paving
_____ Alley paving
shall be constructed prior to the occupancy of the units to the
satisfaction of the Director of Engineering Services.
4. All damaged off-site public works facilities, including parkway trees,
shall be repaired or replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Department of Engineering
Services.
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Resolution No. P-92-38
Page 6
Prior to any work being performed in the public right-of-way, an
encroachment permit shall be obtained from the Engineering Services
department and appropriate fees paid, in addition to any other permits
required.
6. Driveways shall have a minimum width of 30 feet and shall be designed as
an alley apron with ten foot MiniMUm radius. Where driveways are adjacent
to sidewalks, pedestrian ramps shall be required.
7. The pavement slopes in the parking areas will have the following
longitudinal and traversal slopes: 1.0% minimum for A.C., 0.5% Minimum
for concrete, and 5% maximum.
8. The westerly driveway on Danielson Street shall be relocated to avoid
conflict with utilities.
DRAINAGE AND FLOOD CONTROL
1. A drainage system capable of handling and disposing of all surface water
originating within the subdivision, and all surface waters that may flow
onto the subdivision from adjacent lands, shall be required. Said
drainage system shall include any easements and structures as required by
the Director of Engineering Services to properly handle the drainage.
2. Portland cement concrete cross gutters shall be installed where water
crosses the roadways.
3. Concentrated flows in excess of 4 cfs across driveways and/or sidewalks
shall require approval by the City Engineer.
4. On-site drainage shall connect to the existing stubs unless otherwise
approved by the City Engineer.
5. New sump on Lot 15 is to connect directly to inlet at northeast corner of
parking lot and a private drainage easement to be provided The City shall
be provided a copy of the recorded easement prior to occupancy.
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.
4. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the County of
San Diego Department of Health.
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Resolution No. P-92-3B
Page 7
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 will be
determined by the cost of the analysis and shall be paid upon demand by
the City.
6. Developer shall construct a light system conforming to City of Poway
standards at no cost to the public, subject to the following:
5.
a. Cut-off luminaries shall be installed which will provide true 90
degree cutoff and prevent projection of light above the horizontal
from the lowest point of the lamp or light emitting refractor or
device.
b. All fixtures shall use a clear, low pressure sodium vapor light
source.
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c. Advance energy charges and District engineering charges shall be
paid by the developer.
d. Annexat i on to the 1 ight i ng di stri ct shall be accompl ished and
evidence of annexation shall be accomplished at the time of final
inspection or Certificate of Occupancy, whichever occurs later.
Existing telephone, gas, electric, and all other public utilities and
appurtenances shall be shown on the grading/private improvement plans.
All on-site water mains shall be public. A 20 foot easement shall be
dedicated to the City over public water mains prior to occupancy.
9. All on-site private sewer mains shall be constructed to standards for
public sewers and shown on the grading/private improvement plans.
7.
10. Improvement plans for the on-site water mains shall be prepared on
standard size sheets at 20 scale, signed by a registered civil engineer
and submitted to the City for approval. The plans must be signed prior to
issuance of a building permit.
11. Prior to occupancy, the sewer and water systems serving the project shall
be installed to the satisfaction of the City Engineer.
12. Park.ing lot lights to be relocated outside the 20 foot storm drain
easement.
APPLICANT SHAll CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOllOWING CONDITIONS:
1. Roof covering shall be fire retardant testing as per UBC Section 3203(e)
and City of Poway Ordinance No. 64.
2. The buildings shall display their numeric address in a manner visible from
the access street. Minimum size of building numbers is 18 inches on
front facade of building, street facing side. Building shall be addressed
to Danielson Street. Building addresses shall also be displayed on the
roof in a manner satisfactory to the Director of Safety Services.
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Resolution No. P- 92-38
Page 8
Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with all-weather driving
surface of not less than 20 feet of unobstructed width, with adequate
roadway turning radius capable of supporting the imposed loads of fire
apparatus having a .inilllUm 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.
4. The building will be required to install an approved fire sprinkler
system. The building sprinkler system shall be designed to meet a minimum
.33/3000 design density at the roof. The entire system is to be monitored
by a central monitoring company. A system post indicator valve with
tamper switch, also monitored, is to be located by the City Fire Marshal
prior to installation. Approximate locations will be at the driveway
entrance from Stowe Drive.
3.
5. One additional on-site fire hydrant is required. The location of the
hydrants shall be determined by the City Fire Marshal.
6. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A "Knox. padlock shall be required
for the fire sprinkler system Post Indicator Valve.
7. Fire Department access for use of fire fighting equipment shall be
provided to the immediate job construction site at the start of
construction and maintained at all times until construction is completed.
8. Permanent access roadways for fire apparatus shall be designated as "Fire
lanes. with appropriate signs and curb markings.
9. The applicant shall provide a detailed plan for all storage areas and a
complete racking plan.
10. Prior to del ivery of combustible building material on site, water and
sewer systems shall satisfactorily pass all required tests 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
i nsta 11 ed unt 11 all other construct i on act i vi ty has been substantially
completed to the satisfaction of the City.
GENERAL REOUIREMENTS AND APPROVALS
1. Should this subdivision be further divided, each final map shall be
submitted for approval by the Director of Engineering Services.
2. All provisions of the Subdivision Ordinance of the Poway Municipal Code
shall be met as they relate to the division of land.
3. Prior to occupancy, all dedications shall be made and easements granted as
required above.
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Resolution No. P-92-38
Page 9
This approval is based on the existing site conditions represented on the
proposed site plan and grading/private improvement plan. If the actual
conditions vary from those representations, the site plan must be changed
to reflect the actual conditions. Any substantial changes to the site
plan must be approved by the Director of Planning Services and the City
Engineer and may require approval of the City Council.
5. Appl icant shall process a boundary adjustment through the Engineering
Services Department. A Certificate of Compliance shall be recorded prior
to occupancy.
4.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
Cal ifornia, this 4th day of August 1992. \
ATTEST:
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Marjorie K. Wahlsten, City Clerk
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Resolution No. P-92-38
Page 10
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.P-92-38
, was duly adopted by the City Council at a meeting of said City Council
held on the ~ day of AU9ust . 1992, and that it was so adopted
by the following vote:
AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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Marjorie K. Wahlsten, City Clerk
City of ~_oway
AEPOAT\VAA9207.RES