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
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(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01K and M, and Development Review 90-18 expires or is rescinded by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
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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
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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"
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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.
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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.
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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.
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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.
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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.
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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,
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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
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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
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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.
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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
,
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ATTEST:
\
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'-y})[L\ku.. 1<:') L{v!l\ h.
Marjorie!K. Wahlsten, City Clerk
)
[:~
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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