Loading...
Covenant Regarding Real Property 1991-0360356 2374 DC~ J: 1991-0360356 23-JUL-1991 08=13 AM SAH OIEGO COUHTY RECORDER'S OFFICE AHHETTE EVAHS, CDUHTY RECORDER RF: 17.00 FEES: 33.00 AF: 15.00 nF: 1. 00 RECORDING REQUEST BY: CITY OF POWAY CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ) ) ) ) ) ) ) ) ) ) ) ) (This space for Recorder's Use) WHEN RECORDED MAIL TO: No Transfer Tax Due COVENANT REGARDING REAL PROPERTY Mission - DAI I, a California limited Partnership ........'..tuIIUDNnUMUDIJlftMlIU'nMllUJIIJIiMJ ( "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 317-280-43, 44, and 45 ("PROPERTY" hereinafter). In consideration of the approval of Variance 91-04, Specific Plan Amendments 84-01K and M, and Development Review 90-18 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 In the event that Variance 91-04, Specific plan Amendments 84- 01K and M, and Development Review 90-18 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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. June 27, 1991 Dated: Dated: Y/K/ .,(5) /99/ CITY OF POWAY By ~;;~ -(/~ (NO need t Notarize) ~ o ,. ~ ~ a . oS Co) - ..... .- E-< - ~'H o~ .~ 8 ti:i~ Z~ ;>.~ .....~ .- - Cj "0 .- ~ ! ~ E . STATE OF CALIF \jIA 2375 (Acknowledgement) 55. County of san Dieoo On this 27th day of June , in the year 19 ~, before me, Theresa M. Callanan a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Mike Ibe personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s): (0 INDIVIDUAL) Whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. Who executed the within instrument as president and secretary, on behalf 01 the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its articles and by-laws and a resolution of its Board of Directors. That he executed the within instrument on behalf of the part- nership, and acknowledged to me that the partnership executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offi n.9c:J~r~&d.., te, the day and year first above writteno _~~ OFF.iCIAL SEAL ~ l. , "" lL '(Yl..La 0 ~~OJ..., "- THERES~ M. CALLANAN Notary Public in and for said County and Stateof California 0 ~:;I NOTARY PUBUC.CALlFORNIA. PRINCIPAL OF'FICE IN My commission expires: March 26, 1992 ,.."" SA~ 01EGO COUNTY My Commission f.;wr~ ?<<8rch 26. 1993 .. .,,,:.._,.~~~;..~.~:>t'~~"'! "'.'. (0 CORPORATION) xOxPARTNERSHIP) FD-1B 2376 Parcels 101, 102, and 103, of Parcel Map 16320, in the county of San Diego, State of California r l 2377 RESOLUTION NO. p- 91-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 91-04 AND DEVELOPMENT REVIEW 90-18 ASSESSOR'S PARCEL NUMBER 317-280-43, 44, AND 46 WHEREAS, Variance 91-04 and Development Review 90-18, submitted by DAI Industrial partnership, applicant, requests approval for the construction of a 303,000 square foot industrial building on Lots 101, 102, and 103 of Parkway Business Centre located on the north side of Crosthwaite Circle in the South poway Planned Community. The request includes a variance to allow portions of the building a maximum height of 40 feet where the South poway Development Standards limit building height to 35 feet; and WHEREAS, on June 25, 1991, 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 1985 EIR and the 1988 Subsequent EIR for the South poway planned Community (SPPC). Section 2: Findinqs: Variance 91-04 1. 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 South poway Development Standards deprive the property of privileges enjoyed by other properties in the vicinity under identical zoning classification. The unusual circumstances include both the topography of the lot and the size of the proposed structure. The existing building pad is located from 14 to 21 feet below street grade and slopes down gradually in a northwesterly direction, Because of the unusual size of the Anacomp facility and the need to maintain a level finished floor elevation, the rear building elevation exceeds 35 feet. EXHIBIT "B" F l 2378 Resolution No, P- 91-40 Page 2 2. 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 land use designation and denied to the property for which the variance is sought, in that the South poway Development Standards allow more building coverage than this proj ect propos as but the unusual grading design on the existing lot necessitates that a portion of the structure be overheight in order to enjoy a relatively level finished floor elevation like that found in other buildings throughout the park. 3. 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 vicini ty and zone in which the property is located, because the building pad is lower than street grade, and the extra five feet in height will not be noticeable from wi thin the park. The structure is located so far away from the existing developed areas that the minor deviation in height will not be noticeable. 4 . 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 the unusual circumstances which exist on this lot are not applicable to most of the lots in the development. 5. The granting of this variance does not allow a use or activity which is not otherwise expressly authorized by the specific plan development standards governing the parcel of property, in that the property is designated for industrial development and the subject project is a manufacturing facility. 6. That granting the variance or its modification will not be incompatible with the South poway Specific plan or the poway City General Plan due to the minimal nature of the request. Development Review 90-18 1. The proposed project will be consistent with the existing specific plan and general plan and there is a reasonable probabili ty that the proj ect will be consistent with anticipated amendments to the specific plan and with the proposed general plan. F t 2379 Resolution No. P-91-40 Page 3 2. That the proposed development will not have an adverse aesthetic , health, safety, or architecturally related impact upon adjoining properties, because it adheres tD the area-wide development standards contained in the SPPC Development plan and because the project incorporates a screening wall for loading areas which might be visible frc:n Cornmu:1,l tj Road. 3. That the proposed development is in compliance with the South poway Development Standards and the South poway planned Community Development Plan. 4. That 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 2,500 acre planned community. Section 3: City Council Decision: The City Council hereby approves Variance 91-04 and Development Review 90-18 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. Prior to issuance of building permits for this proj ect, a revised building square footage allocation for the lots in parkway Business Center shall be submitted to the City. 2. The parking for Anacomp shall be subject to a yearly review by the Planning Services Department. If parking is found to be deficient to meet the needs of this facility, additional spaces shall be added as required by the Planning Services Department. Parking shall be deemed deficient if cars or trucks are frequently parked so as to block access to driveways, fire lanes, or loading areas, or if on-street parking is utilized. 3. The plan shall be revised to include a bicycle parking or storage area, 4, A Transportation Demand Management Program shall be submitted prior to final occupancy of the building. F ( 2380 Resolution No. P- 91-40 Page 4 5. The portion of Lot 103 not improved as parking area shall be landscaped with low water use groundcover, hardscape, shrubs and trees to the satisfaction of the City Landscape Architect. 6. A six.foothigh screening wall shall be constructed along the rear property line as shown on Attachment 3 of the staff report dated June 25, 1991. The exterior of the wall shall be a textured material such as slumpstone or split face block and both the interior and exterior of the wall shall be well landscaped with a combination of 24 inch box trees and five gallon shrubs, 7. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein, Any staff or consultant costs for monitoring the implementation of conditions and mitigation measures shall be borne by the applicant per the Planning Fee Schedule. 8. 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 and all other applicable City Ordinances in effect at the time of building permit issuance. 10. Detailed plans for the proposed trash collection area must be submitted and approved by the Planning Services Department prior to issuance of building permits. The area shall be designed such that it does not eliminate parking or prevent efficient access for emergency vehicles. Enclosure walls shall be detailed to match the building walls. 11. All roof appurtenances, including air architecturally integrated, shielded buffered from adjacent properties and the Planning Services Department, conditioners, shall be from view and sound streets as required by 12, 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. 13. 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. F [ 2331 Resolution No. P-91-40 Page 5 14. 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. 15. Prior to delivery 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 installed until all other construction activity has been substantially completed to the satisfaction of the City. 16. 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. APPLICANT SHALL CONTAcr 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 shal.l be prepared by a qualified engineer licensed by the State of California to perform such work at first submittal of a grading/private improvement plan. 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. Street improvements that include, but are not limited to: Sidewalks Driveways Wheel chair ramps Curb and gutter x X X Cross gutter Alley gutter Street paving Alley paving X X shall be constructed prior to the occupancy of the building to the satisfaction of the Director of Engineering Services. F L 2382 Resolution No. P- 91-40 Page 6 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 c2rtif:ed 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. No fill shall be placed over the existing 12 inch sewer or 66 inch storm drain. STREETS AND SIDEWALKS 1. All parking lot structural sections approved by the City Engineer. conform to the minimum required by Section 12.20.88. shall be submitted to and Pavement sections shall the poway Municipal Code 2. All exterior street improvements shall be constructed prior to issuance of building permits to the satisfaction of the City Engineer. 3. 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. 4. 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. 5. Existing settlement monuments shall be identified on the grading/private improvement plans and protected during construction. Monuments shall be permanently protected or relocated when they conflict with the permanent improvement. 6. Prior to occupancy, the following streets shall be improved to the satisfaction of the City Engineer: a. stowe Drive from the westerly subdivision boundary to Crosthwaite Circle. b. Crosthwaite Circle from stowe Drive to the eastern property line on Crosthwaite Circle. r [ 2333 Resolution No. P-91-40 Page 7 7. street improvements shall include curb, gutter, paving, street lights, underground utilities, and striping. 8. The easterly driveway of Parcel 102 on Crosthwaite Circle shall be designated as an "exit-only" driveway, DRAINAGE AND FLOOD CONTROL 1. A drainage system capable of handling and disposing of all surface water originating within the property, and all surface waters that may flow onto the property from adjacent lands, shall be required. This drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage, and it shall conform to the previous studies done for the Business Park. 2, Portland cement concrete cross gutters shall be installed where water crosses the roadways. 3. Concentrated flows across driveways and/or sidewalks shall not be permitted. 4. Prior to occupancy, the sewer and water systems serving the project shall be installed to the satisfaction of the City Engineer. 5. On-site drainage shall connect to the existing stubs unless otherwise approved by the City Engineer, 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 City Engineer, 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. 5. The applicant shall pay for a water system analysis to establish 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, F ( 23'34 Resolution No. P- 91-40 Page 8 6. Developer shall construct a light system conforming to City of poway standards at no cost to the public, subj ect to the following: a. Cut-off luminaries shall be installed which will provide true 90 degree cutoff and prevent projection of light above the horizontal fre':] the lowest po,int of the lamp or light emitting refractor or device. b. All fixtures shall use a clear, low pressure sodium vapor light source. c. Advance energy charges and District engineering charges shall be paid by the developer. d. Annexation to the lighting district shall be accomplished and evidence of annexation shall be accomplished at the time of final inspection or Certificate of Occupancy, whichever occurs later. 7 . Existing telephone, gas, electric, utilities and appurtenances shall grading/private improvement plans. public on the and be all other shown 8. 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 . Allan-site private standards for public improvement plans. sewer mains shall be constructed to sewers and shown on the grading/private 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 pr ior to issuance of a building permit. 11. Cable television services shall be provided and installed underground. The developer shall notify the cable company when trenching for utilities is to be accomplished. APPLICANT SHALL CONTAcr THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH T}ffi FOLLOWING CONDITIONS: 1. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of poway Ordinance No, 64. 2. The building shall display its 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 F t 2385 Resolution No. p- 91-40 Page 9 building. roof in a Services. A building address shall also be displayed on the manner satisfactory to the Director of Safety 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather c1riving sur:uc~ cof not less thi'1n 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13' 6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of poway Municipal Code, 4. The building will be required to install an approved fire sprinkler system. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. 5. On-si te fire hydrants are required. The location of the hydrants shall be determined by the City Fire Marshal. Current site plan represents proper locations. 6. A 'Knox' Haz-Mat Cabinet shall be required for the building at a location determined by the City Fire Marshal. "Knox" padlocks shall be required for each Post Indicator Valve. 7. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 8. An Emergency Business plan and Hazardous Materials is required to be filed with the County of Department of Health and copies provided to Department. Disclosure San Diego the Fire 9. Prior to delivery 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, access roadways shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. 10, 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. 11, A wildland fuel mitigation plan shall be submitted to eliminate any potential threat of spread of fire from the f [ 2336 Resolution No. P- 91-40 Page 10 proposed building area and the open space easement. This plan shall be to the satisfaction of the Directors of Safety Services, Planning Services, and Community Services prior to building occupancy. 12. Permanent access roadways designlted as 'Fire Lanes' markings. for fire apparatus shall be with appropriate signs and curb 13. The building shall be provided with approved automatic smoke and heat vents. 14. The plans submitted with this Development Review application incorporate notes that are incorrect or incomplete. The notes listed on pages Al.1 (Site Plan), A2.1 (First Floor Shell) and A4.I (Elevations) shall be modified at the time of building plan review to match conditions of approval, 15, A technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory, or fire safety specialty organization to analyze the fire safety properties of the design, operation, and use of the building. Specific attention shall be given to type of construction; handling, use and storage of hazardous materials; fire detection systems; and fire protection systems. National Fire Prevent Association Hazardous Materials labeling shall be throughout the building. GENERAL REQUIREMENTS AND APPROVALS 16. (NFPA) Standard 704 provide as necessary 1. Applicant shall pro~ess a Property Merger for Parcels 101, 102, and 103 through the Engineering Services Department prior to issuance of building permits. A Covenant of Property Merger shall be recorded prior to occupancy. 2. Applicant shall obtain an Industrial Wastewater Discharge Permit from the City of San Diego's Water Utilities Department prior to issuance of a certificate of occupancy, 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. 5. Prior to occupancy, all dedications shall be made and easements granted as required above. F { 2337 Resolution No, P- 91-40 Page 11 6 . 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 requir8 approval of the City Council. APPROVED and ADOPTED by the City Council of the City of Poway, state of California, this 25th day of June 1991. ,), . I l,,)},-- v, ~-rcJ", v- Jan Goldsmith, Mayor , '''\ ATTEST: \ ,~~ '-y})[L\ku.. 1<:') L{v!l\ h. Marjorie!K. Wahlsten, City Clerk ) [:~ [ 2388 Resolution No. p- 91-40 Page 12 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO 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-91-40 , was duly adopted by the City Council at a meeting of said City Council held on the 25th day of ____ ,June , 1991, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, SNEKSO, GOLDSMITH NOES: NONE ABSTAIN: NONE ABSENT: Me INTYRE \.. ' , ))(~ll.;, Marjorie K. Wahlsten, City Clerk City ot poway ) REPORT\VAR9104.RES