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Covenant Regarding Real Property 1992-0372942 889 RECORDING REQUEST BY: ) DOC U 1992-0372942 ) CITY OF POWAY ) 16-JUH-1992 09=03 AM ) WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS ) SAM DIEGO COUNTY RECORDER'S OFFICE CITY CLERK ) AHHETTE EUAHS, CDUHTY RECORDER CITY OF POWAY ) RF: 15.00 FEES: 41. 00 P.O. BOX 789 ) AF: 25.00 POWAY, CA 92064 ) If: 1.00 ) \ No Transfer Tax Due ) (This space for Recorder's Use) COVENANT REGARDING RE~ PROPiRTY f/11f.1Lu.1r:>f ~!:ItlJa;J CfJlJillG t:J1I-/11M:1V, l..m ~~ C W..l -c.r. PCnoy, LTEl., a California Limited Partnership ("OWNER" hereinafter) is the owner and Black Mountain Foundation ("LESSEE") 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 317-810-20,21 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 91-14 and Development Review 91-29 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 In the event that Conditional Use Permit 91-14 and Development Review 91-29 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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. PIHt(:.l..~ 6f1StNt;3{C8ltli'lb jJ~,L.-{v,-a&J e.F'. PO,,"') LTD A California limited Partnership ~.py ~ o NER (Notarize) '-lz/C;L-- Dated: Dated: c,/ al cr :J- / Dated: '71I,.SI199~ CITY OF POWAY By ~tJ~-~ (No need to tarize 8uO Lot 104 of City of Poway Tract No. 85-04 Unit 2, in the City of Poway, County of San Diego, State of California. according to Map thereof No. l2572, filed in the Office of the County Recorder of San Diego County, February 28, 1990. ~~*~..~~**.~~.*** * State at * *- County of * * * * * P1lR'mERSHIP ~ * * * * * * * * *~* * * * .* * * State of da ----.-l?/' rua..-. * * Ccunty of ;;:(/1 ULe40 * * * * * * * * * * Ie OFFICIAL SIAl. I~NNE NELSEN . NOT ART PUIUC. CALIFORNIA PRINCIPAL OFFICE IN $AN DIEQO COUNTY My Commlsolon ExoIIII MIlCIl 31, 19M * * * * * * * * * * . * * * * * * * * a:lRPClRATE ~ * * * * . * * * * * * * * * * * * State of (! tUtJ!;.tt:Jr~ : County of jd/7 'Lf!40 ~ * * * * * * I "iii' . '::f.~,~~:S:' ~I * , IlOTAlT PU'I.IC.CAlI~IA * PRINCIPAL OFflc.e IN SAN DIEGO COUNTY * My Commission El<P~" March 31. 1995 * l"..... 1 r Ie: f if t_ _ _I * * * * * * * . * * * * * * * * * * * * * * (6/84) 89'- k * * . . * * * * * * * * * * ~ * * * * * * * * * * * * * * 19 _, before me, * . , . on this the ) 55. ) day of the undersigned Notary Public, personally appeared * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * On this thedA:-.<.c day -of Vtl/U. 19"1.,) , before me, * ) SS. / J ) v/mY/Y~Q~~r/ the undersigned Notary Public, personally appeared if 4J<: 3' E.LJU)/Y' 71L EI personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WI my hand an~offiC,ia1 seal. , P&?1----;-U> )(U~~ /*/..* ,* * * 15* S.ig.na.tur* e. ~~- * * * * * * * * * * * * * * * * * * * * * . . . * . * . . * * * * . . ./* . * * . * * * * * * * * * * * On this the AM day of ~ 19 0/..;, before me, * 55. JM/7/le~&7 ,: the undersigned Notary Public, personally appeared * tih4rles- II J~CJ/1 , : * * * * * * ~ personally known to me n proved to me on the basis of satisfactory evidence to 'De the person(s) who executed the within instrument as or on behalf of the corporation and acknowledged to me that the corporation · * * * * * * therein narre:i, ted it. S my hand ~ seal. Signature . * * * * * * * * * . * . * * * * . * * * * . * * * * * , * * * * , * * * . * * * * * * * * * * * , , [""".-: "l'! .'-J. [ CO',;. IH'\ ~' :.:.:.:."::. , L_ ') '" RESOLUTION NO. p-92-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 91-14 AND DEVELOPMENT REVIEW 91-29 ASSESSOR'S PARCEL NUMBER 317-810-20, 21 WHEREAS, Conditional Use Permit 91-14 and Development Review 91-29, submitted by Black Mountain Foundation, Inc., applicant, requests approval of a 25,375 square foot industrial building in the PC (Planned Community) zone; and WHEREAS, poway Municipal Code Section 9.12.050 allows the City Council to designate special areas within the City in which it is lawful to fire firearms upon such terms and under such conditions as the Council deems proper; and WHEREAS, Lots 47 and 48 on Blaisdell Place in the South poway Planned Community are hereby designated as a special area within which it is lawful to fire firearms within a shooting range as long as the shooting range is properly designed and operated to ensure the health, safety, and welfare of the public; and WHEREAS, on May 5, 1992, the City Council held a hearing on the above-referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinqs: The City Council finds that the potential environmental impacts of this project were adequately discussed in the EIR and Subsequent EIR for the South poway Planned Community. Section 2: Findinqs: Conditional Use Permit 9l-l4 1. The proposed proj ect is consistent with the existing General plan and specific plan for the South poway Planned Community. 2. The proposed location, size, design, and operating characteristics of the proposed use are in accord with the title and purpose of this resolution, the purpose of the LI land use designation in which the site is located, the poway General Plan and the South poway Specific Plan. That the location, size, design, and operating characteristics of the proposed indoor shooting range will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, in that the use will be contained within an industrial building and 3. "EXHIBIT B" ~ F '93 Resolution No. P-92-21 Page 2 appropriate sound proofing and parking will be provided for the facility per project conditions of approval. That the harmony in scale, bulk, coverage, and density is consistent with adj acent uses, because the proposed facility meets all applicable site plan and architectural standards as set forth in the adopted specific plan. 5. That there are available public facilities, services, and utilities, because the use will be located in an existing industrial development. 4. 6. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the use will be located inside a building located in the center of a large industrial park. 7. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element, in that the use will operate out of a business park where existing street improvements and off-street parking are adequate. That the site is suitable for the type and intensity of the designated use which is proposed, in that it lies within an area of light industrial uses and the business will not be open to the general public. 9. That there will not be significant harmful effects upon environmental quality and natural resources in that the use will be fully contained within an existing building on a fully developed site. 8. L 10. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. Development Review 91-29 ;~ :.~ :j 1. .. ., :::i [.//;:; l 2. The proposed proj ect is consistent with the existing general plan; and, that the proposed development is in conformance with the South poway planned Community Development Plan, in that the proposed light industrial building conforms to the land use plan and development standards for the planned community. That the proposed development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, in that the proposed tilt-up concrete structure is similar to and will complement existing buildings in the vicinity. That the proposed development is in compliance with the Zoning Ordinance because it conforms to the SPPC Development Standards text. 3. F [ VB [............. n.. 894 4. Resolution No. P- 92-21 Page 3 That the proposed development encourages the orderly and harmonious appearance of structures and property within the City through their consistency with the SPPC plan which provides high standards of development for the surrounding planned community. Section 3: City Council Decision: The City Council hereby approves and Development Review 91-29 conditions: Conditional Use Permit 91-14 subject to the following 1. within 30 days of approval (a) the applicant shall submit in writing that all conditions of approval have been read and understood; and (b) the property owner shall execute a Covenant on Real Property. 2. The use conditionally granted shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding industrial uses. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPMENT 1. Discharge of firearms including air guns permitted within the walls of the building. shall only be 2. Tentative Parcel Map 92-02 must be approved and finaled prior to issuance of building permits for this project. 3. The indoor shooting range shall be sound buffered to prevent noise at the property line from exceeding the one hour average sound level of 65 decibels. 4. Disabled access will be required throughout structure including shooting range areas. 5. Entry area "101" and lobby area "106" appear to one-hour rated corridor system and must be accordingly. All openings into corridor must Uniform Building Code Section 3305(h) be part of a constructed comply with 6. Design, construction, and location of the trash enclosures shall satisfy the requirements of the Planning Services Department. Trash enclosure walls may be tilt-up panels to match the building or split face block. Site shall be developed in accordance with the approved site plans and elevation plans on file in the Planning Services Department and the conditions contained herein. 7. ~ I~ L f:..,.',.'; ....... ,..... L ~. 895 Resolution No. P-92-21 Page 4 B. Revised site plans and building elevations incorporating all condi tions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 9. Approval of this request shall not waive compliance with all sections of the South poway Development Standards, the Zoning Development Code and all other applicable City Ordinance in effect at the time of building permit issuance. 10. All roof appurtenances, 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. The building parapet walls shall be of sufficient height to screen a standard air conditioning unit. 11. 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. 12. 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. l3. For a new commercial or industrial development, or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: School Fees, Permit and plan Checking Fees, Water and Sewer Service Fees. These fees shall be paid prior to building permit issuance. 14. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. PARKING AND VEHICULAR ACCESS l. All parking lot landscaping shall consist of a minimum of one l5 gallon size tree for every three parking spaces. For parking lot islands, a minimum l2-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 25 feet from finished grade, and be directed away from all property lines, adjacent streets and buildings on adjacent lots. 3. All two-way traffic aisles shall be a minimum of 25 feet wide and emergency access shall be provided, maintained free and r L l': :.,:.,~ 1"'" l ~'J6 4. Resolution No. P-92-21 Page 5 clear, a minimum of 24 feet wide at all times during construction in accordance with Safety Services Department requirements. 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. 2. All landscaped areas shall be maintained in a heal thy 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 and the South poway Development Standards. 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 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 grading plan. 3. Building and parking lots shall be at least five feet from tops and toes of slopes. 4. A letter from the project civil engineer certifying the site grading shall be submitted prior to issuance of building permits. 5. The final grading plan shall be subject to review and approval by the Planning and Engineering Services Departments and shall be completed prior to issuance of building permit. 6 . Prior to issuance of a grading permit, rough certified by the project Civil Engineer approved by the projects Soils Engineer. All new slopes shall be a minimum of 2: 1 vertical) . (horizontal to grading shall be and compaction 7. f L rOo:.:.'.:':.. l.:/:~~ L_ -R9 '1 8. Resolution No. P-92-21 Page 6 A final compaction report shall be permitted and approved prior to the issuance of building permits. 9. Existing settlement monuments shall be identified on the grading plans and protected during construction. Monuments shall be permanently protected or relocated when they conflict with the permanent improvement. STREETS AND SIDEWALKS 1. Prior to occupancy, streets shall be improved to the satisfaction of the Director of Engineering Services: 2. 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 l2.20.88. 3. Driveway entrances shall have a minimum width of 30 feet and shall be designed as an alley apron. 4. Private improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Engineering Services. plan check and inspection expenses shall be paid by the developer. Private improvements that include, but are not limited to, sidewalks, driveways, wheel chair ramps, curb and gutter, cross gutter, and parking lot paving shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Engineering Services. 5. 6. 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. 7. 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. DRAINAGE AND FLOOD CONTROL 1. Prior to occupancy, the sewer and water systems serving the project shall be installed to the satisfaction of the Director of Engineering Services. 2. On-site drainage shall connect to the existing stubs unless otherwise approved by the Director of Engineering Services. 3. 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 property from adjacent lands, "l . ~ ... r .~ . ., [ "//1 :"!l '."/ .::j i:;.;;;; l 89t3 Resolution No. P-92-21 Page 7 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. 4. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 5. Concentrated flows across driveways and/or sidewalks shall not be permitted. UTILITIES 1. 2. 3. 4. A new fire hydrant shall be installed on the west side of the driveway to Blaisdell Place. The exact location shall be approved by the Department of Safety Services. Public improvements for on-site water mains shall be prepared on standard sized sheets by a Registered Civil Engineer and submitted for approval by the Director of Engineering Services. plan check and inspection fees shall be paid by the developer. All proposed utilities within the project shall be installed underground including existing utili ties along Circulation Element roads and/or highways less than 34.5 KV. utility easements shall be provided to the specification of the serving utility companies and the Director of Engineering Services. 5. The developer shall be responsible for the relocation and undergrounding of existing public utilities as required. 6. 7. 8. 9. lO. 11. 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. Prior to issuance of building permits, the remaining sewer connection fees shall be paid. The applicant shall pay for a water system analysis to establish the proper S1ze 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. Existing telephone, gas, electric, and all other utilities and appurtenances shall be shown on the grading plans. All on-site water mains shall be public. easement shall be granted to the City over prior to occupancy. A 20 foot wide all water mains, Developer shall construct a light system conforming to City of poway standards at no cost to the public. j ~ i r~ 1 ".. L t.. C: 199 Resolution No. P- 92-21 Page 8 APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: l. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of poway Ordinance No. 64. 2. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be 18 inches on the front facade of the building, street facing side. The building shall be address to Stowe Drive. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services. 3. 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 minimum of l3' 6" of vertical clearance. 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. The building sprinkler system shall be designed to meet a .33/3000 design density at the roof. The entire system is to be monitored by a central monitoring company. System post indicator valve, with tamper switch, also monitored, shall be located by the City Fire Marshal prior to installation. Approximate locations will be at the driveway entrance from Stowe Drive. 4. 5. One additional on-site fire hydrant is required. The location of the hydrants shall be determined by the City Fire Marshal. Approximate locations will be at the driveway entrance from Blaisdell Place. 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 designated as 'Fire Lanes' markings. for fire apparatus shall be with appropriate signs and curb 9. The applicant shall provide a detail plan for all storage areas and a complete inventory of all ammunition to be stored on the site. f [ I~:);;l~ ( 9UO Resolution No. P-92-21 Page 9 GENERAL REQUIREMENTS AND APPROVALS 1. Prior to occupancy, all dedications easements granted as required above. shall be made and 2. These conditions are based on preliminary plans provided by the developer. If site conditions vary from those shown on the plans, the development plans must be changed and may require additional approval by the City Council. 3. Should this property be further divided, each final map shall be submitted for approval by the Director of Engineering Services. 4. All provisions of the Subdivision Ordinance of the poway Municipal Code shall be met as they relate to the division of land. APPROVED and ADOPTED by the City counctl of State of California, this 5th day of May, 1'1992. Ci ty of Poway, ATTEST: Mayor -AAA-- ~<<t ~ Marj ri K. W hlsten, C y Clerk 901 r~ I ,~~ Resolution No. P-92-21 Page 10 STATE OF CALIFORNIA ) ) 55. ) COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution, No. P-92-21, was duly adopted by the City Council at a meeting of said City Council held on the 5th day of May, 1992, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: NONE [ M"~-f(~1.-4~~M City of poway bA r;::::: I l__.