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
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-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Review 91-29 expires or is rescinded by City Council at the request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
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A California limited Partnership
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Dated:
Dated:
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Dated: '71I,.SI199~
CITY OF POWAY
By
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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.
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Ie OFFICIAL SIAl.
I~NNE NELSEN
. NOT ART PUIUC. CALIFORNIA
PRINCIPAL OFFICE IN
$AN DIEQO COUNTY
My Commlsolon ExoIIII MIlCIl 31, 19M
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SAN DIEGO COUNTY
* My Commission El<P~" March 31. 1995
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19 _, before me, *
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on this the
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day of
the undersigned Notary Public, personally appeared
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On this thedA:-.<.c day -of Vtl/U. 19"1.,) , before me, *
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the undersigned Notary Public, personally appeared
if 4J<: 3' E.LJU)/Y' 71L
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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.
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On this the AM day of ~ 19 0/..;, before me, *
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the undersigned Notary Public, personally appeared *
tih4rles- II J~CJ/1 , :
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or on behalf of the corporation
and acknowledged to me that the corporation ·
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therein narre:i,
ted it.
S my hand ~ seal.
Signature
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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"
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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.
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10. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
Development Review 91-29
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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.
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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.
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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
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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
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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,
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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.
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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.
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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.
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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
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Marj ri K. W hlsten, C y Clerk
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Resolution No. P-92-21
Page 10
STATE OF CALIFORNIA
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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
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City of poway
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