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Covenant Regarding Real Property 1992-0536853 CITY CLERK CITY OF POWAY P.o. BOX 789 POWAY, CA 92064 886 ) ) ) ) ) ) ) ) l ) ) ) ) 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 In the event that Variance 92-07 and Development Review 92-01 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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- t.~~ OWNER (Notarize) E. Rex Brown CITY OF POWAY Dated: fi'/4/ y2- By -P.I,^, wT-0~~ (No need to Notari ) \ ,.~,:;..-<>-~ ......;...---~~..-..-. " ./ 88 , 10-118105 - 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. . ~. ~SEAL WAAIE LOFTON Notary PubI1c.CCIlIIorrla SAN DEGO COUN1V ~ CClmmIaIOn ElcpIr8I AprI26.1994 888 * * * * * * * * * * * * *~ ~ * * * * * * * * * * * * ()l this the / t3 U day of " ./l-j- 19~, before me, * &S. ~ ~/I.;-,u , : the undersigned Notary Public, personally appeared * d: ~ ~JUu_,-?L.- tl personally knc7Nn to me ~ 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. ~ ~ ./kn-/ Notary I s Signature ' * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , * * * * ?ARmERSBIP ~ t * * * * * * )?*A* ~* * *t* * * · s+-.ate of ~ -. ~ ) : Ca.1nty o~ LL"jo ~ * * . . . . . . . . . . . . . t * * * * * * * * * * * * * * * * * * * ::c:m>alA1E ~ . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ()l this the day of 19 _, before me, * ) 58. * ) , * the undersigned Notary Public, personally appeared * * * . State of . . Ca.1nty of . . . . . . . . . * . . . , tl personally knCMll to me * * tl proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrunent as * or on behalf of the corporation * and acknc::lwledged to me that the corporation * * * * * therein named, executed it. WI'mESS IIW hand and official seal. . * * · Notary' s Signature * ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * "89 RESOLUTION NO. P- 92-38 " I 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 -_._---,~._-,_.,~---~-,-~-_.._------~_.__..,.~_.- , , ! , 890 4. 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. 2. 3. 4. 8f 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. I 4. 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. 892 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. 893- 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. 894 ! .[ 5. 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. 895 - I l 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. r 1 , I B. 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. 896 I I 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. 897 ,I 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: 'l hCt-~\'...-~ I~ /\; t<.j.." t___ Marjorie K. Wahlsten, City Clerk , 898 Resolution No. P-92-38 Page 10 , I STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) 55. ) 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 )ll~,-\k~~ I~ JUtd..::>~ Marjorie K. Wahlsten, City Clerk City of ~_oway AEPOAT\VAA9207.RES