Covenant Regarding Real Property 1996-0162555
RECORDtNG REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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COVENANT REGARDING REAL PROPERTY
CF Pomerado, a Delaware Corporation, ("OWNER" hereinafter) is the owner of real property
described In Exhib~ A which Is attached hereto and made a part hereof and which is commonly known as
Assessor's Parcel Number 317-223-04 ("PROPERTY" hereinafter). In consideration of the approval of
Development Review 95-17 by the City of Poway ("CITY" hereinafter), OWNER hereby agrees 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In the event that Development Review 95-17 expires or is rescinded by City Council at the request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 e~her 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 erformance of this Covenant the right to enforce
this Covenant against OWNER
Dated:
1/1/rfo
Dated: /- ~ 3- 9e-
By:
OMERADO, A Delaware Corporation
OWNER (Notarize)
CITY OF POWAY
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
361
State of ~t{.a)
County of >:c-J tZA..i144
On ,4,/Vr..u-a:;y- 'f; Jt:ft:f(;, before me,
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personally appeared K ~~ E- ,
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,t? N nd Title of Officer (e.g., "Jane Doe, Notary Public")
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Name(s) of Signer{s)
~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person~
whose nameis) is/aI'e subscribed to the within instrument
and acknowledged to me that he{i:1:l8,'tAey executed the
same in his/1:l8r.'tl:leir authorized capacity(i8ej, and that by
his/her/their signature(sl"on the instrument the personi8r.
or the entity upon behalf of which the personMacted,
executed the instrument.
~~~~00-~'OoO>C
J;t;~,~._~~~"',., PEGGY CURRIE
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WITNESS my hand and official seal.
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Signature of Notary PUblic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
@1994 National Notary Association. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
-"62
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 39 OF THE CITY OF POWAY TRACT NO, 85-04 UNIT 1, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 11742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 9, 1987.
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EXHIBIT A
363
RESOLUTION NO. P-96-02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 95-17
ASSESSOR'S PARCEL NUMBER 317-223-04
WHEREAS, Development Review 95-17, was submitted by Ken Smith Architect for
Cor-O-Van, Applicant, for approval of the construction of a 73,901 square foot
warehouse facility on a 6.3B acre lot located at 12375 Kerran Street, in the
Light Industrial land use designation of the South Poway Specific Plan; and
WHEREAS, the City Council of the City of Poway has read and considered the
staff report and has considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section I: Environmental Findinas:
The previously certified Final Environmental Impact Report (EIR) and Final
Subsequent EIR for the South Poway Specific Plan adequately addresses the
potential environmental impacts of the proposed development.
Section 2: Findinas:
1. The approved project is consistent with the South Poway Specific
plan and the general pl an in that a manufacturi ngjwarehous i ng
facility is a permitted land use within the Light Industrial land
use designation.
2. That the approved project wi 11 not have an adverse aesthet i c,
health, safety, or architecturally related impact upon adjoining
properties in that the design of the building for the intended
purpose conforms to the criteria of the South Poway Development
Standards and will be compatible with current and future buildings
in the vicinity.
3. That the approved project encourages the orderly and harmoni ous
appearance of structures and property within the City in that the
architecture incorporates features of the existing Cor-O-Van
facility across the street and is consistent with design standards
generally in the South Poway Business Park.
Section 3: Citv Council Decision:
The City Council hereby approves Development Review 95-17 subject to the
following conditions:
Within 30 days of approval (I) 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
EXHIBIT B
364
Resolution No. p-96-02
Page 2
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
4. Trash receptacle shall be enclosed by a six foot high masonry wall with
vi ew-obstruct i ng gates pursuant to Ci ty standards. Location shall be
subject to approval by the Planning Services Department.
5. All roof appurtenances, including air conditioners, shall be
archi tecturally integrated, screened from vi ew and sound buffered from
adjacent pro pert i es and streets as requi red by the Pl anni ng Servi ces
Department.
6. 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.
7. 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.
8. This approval shall become null and void if building permits are not
issued for thi s project wi thi n two years from the date of project
approval.
PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall include a minimum of one 15 gallon size
tree for every three spaces. For parking lot islands, a minimum 12 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 curb.
2. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 25 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
3. All parking spaces shall be double striped.
4. The gate located along the west side of the building shall be a mlnlmum
width of 20 feet in order to provide Fire Department access to the rear
parking area on that side.
365
k~solution No. P-96-02
Page 3
5. No on-street parking shall be permitted.
LANDSCAPE IMPROVEMENTS
1. Complete landscape construction documents shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits. Plans shall be prepared in accordance with City of
Poway Guide to Landscape Requirements (latest edition).
2. A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and shall be
ma i ntai ned in a hort i cultura lly acceptabl e manner. Dead, decayi ng, or
potentially dangerous trees shall be approved for removal at the
discretion of the Planning Services Department during the review of the
Master Plan of existing on-site trees. Living trees which are approved
for removal shall be replaced on a tree-for-tree basis as required by the
Planning Services Department.
4. Landscaped areas within the adjacent public right-of-way shall be
permanently and fully maintained by the owner.
5. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. The trees shall be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety. Unnatural or excessive pruning, including topping, is not
permitted.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval prior
to issuance of a grading permit and start of grading operation. Rough
grading of the site must be completed and shall meet the City's
Engineering Services inspector's approval prior to issuance of a building
permit. The grading plan shall be drawn at a scale of 1"- 20' or larger.
2. A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within the publ ic street
right-of-way or any City-held easement. Said work shall include, but is
not to be limited to, construction of driveway approach, sewer lateral
installation, water service line installation, street construction.
366
Resolution No. P-96-02
Page 4
3. The following development fees shall be paid to the Engineering Services
Department prior to building permit issuance. These fees are currently in
effect and are subject to change.
Sewer Connection
~$47,394.76
(Previously paid by Cadillac
Fairview. No sewer connection
fees to be paid to the City)
Sewer Cl eanout ~ 50.00
Sewer Inspection = 25.00
*Water Meter (IV. inch size)= 275.00
*County Water Authority = 4,383.00
*Expansion Fee = 1,500.00
* Fees given are for 1'12 inch meter. If the meter size changes, the
appropriate fees will be charged.
4. The traffic mitigation fee of $7,316.20 shall be paid to the Engineering
Services Department prior to issuance of a building occupancy.
5. A water system analysis shall be performed for the new waterline and fire
hydrant installation on site. The fee for this analysis is $2,800.00. The
developer shall contact the Engineering Services Department for payment of
the water analysis fee.
6. An improvement plan for the on-site waterline and fire hydrant shall be
submitted to the Engineering Services Department for review and approval
prior to building permit issuance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof covering shall be fire retardant as per USC Section 3203(e) and City
of Poway Ordinance 64.
2. 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 13'6" of vertical clearance. The road
surface type shall be approved by the City Engineer, pursuant to the City
of Poway Municipal Code.
3. The building will be required to install an approved fire sprinkler system
meeting P.C.M. requirements. The building sprinkler system shall be
designed to meet a minimum .33/3000 design density at the roof. The entire
system is to be monitored by a central monitoring company. System post
indicator valves with tamper switches, also monitored, are to be located
by the City Fire Marshal prior to installation.
4. 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.
5. The addition of on-site fire hydrants is required. The location of the
hydrants shall be determined by the City Fire Marshal.
367
Reso 1 ut i on No. p- 96-02
Page 5
6. Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building.
7. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be
fil ed wi th the County of San Di ego Department of Health and copi es
provided to the Fire Department.
8. 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 Post Indicator Valve.
9. Permanent access roadways for fire apparatus shall be designated as 'Fire
lanes' with appropriate signs and curb markings. In addition, a 4A:60BC
fire extinguisher shall be required for every 3,000 square feet and 75
feet travel distance.
10. The applicant shall provide a detailed plan for all storage areas and a
complete racking plan.
11. 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 1 ift of asphalt shall be
installed until all other construction activity has been substantially
completed to the satisfaction of the City.
12. N.F.P.A. Standard 704, Hazardous Materials labeling, shall be provided as
necessary throughout the building.
13. The buildings shall be provided with approved automatic smoke and heat
vents.
14. A water systems analysis will be performed to establish available fire
flow.
15. Plans for the mezzanine shall be included in plan check submittal.
APPROVED and ADOPTED by the City Council
California, this 23rd day of January, 1996.
y certify, under the penalty
of perjury, that the above and
foregoing is a true pd correct
copy of Resolution No. - r':;-b~
as adopted by the City ~~
Poway, California on the
day of ~"-1 ' 1911L..
MARJ6R'E K. W AHLSTEN, CITY CUR/(
by:/'nj K~1i:.
ATTEST:
I \ ,\.\
I J .J_,--l.\./...l
Marjorie K.
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ahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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368
Resolution No. P- 96-02
Page 6
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-96-02 , was duly adopted by the City Council at a meeting of said City Council
held on the 23rd day of January , 1996, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
E:\CITY\PLANNING\REPORT\DR9517.RSO
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Marjorie K. Wahlsten, City Clerk
City of Poway