Covenant Regarding Real Property 2008-0205160
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RECORDING REQUEST BY. F~ 111111111 III 111111111111111111 11111 11111 1111111111111111111111111111
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CITY OF POWAY : 12P APR 17, 2008 2:36 PM
) OFFICIAL RECORe":,
WHEN RECORDED MAIL TO: ) \tof'J ';p.N DIEI~U COllNT', RECORe'EF:"', lIFFICE
) I;RECiClR'"1 .1 ':I~'AITH. I"":OUNT'r FiECOR[rEFi
CITY CLERK .) FEE'. 43.00
CITY OF POWAY ) 8077 PAGES: 12
POBOX 789 )
POWAY CA 92074-0789 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
)
APN 317.280-57
COVENANT REGARDING REAL PROPERTY
Crosthwaite Circle LLC, PROPERTY OWNER ("OWNER" hereinafter), is the owner of real
property described as Parcel 104 and a portion of Parcel 103 of Parcel Map 16320 in the City of
Poway, County of San Diego, State of California as filed in the Office ofthe County Recorder of
San Diego County on December 10, 1990, and which is commonly known as Assessor's Parcel
Number 317-280-57 ("PROPERTY" hereinafter).
In consideration of the approval by the City of poway ("CITY" hereinafter) of Conditional
Use Permit (CUP) 95-09M and Development Review (DR) 95-18R, OWNER hereby acknowledges
the obligation to install public sidewalk improvements along the entire street frontage of the subject
property and has requested that the sidewalk improvement ocbligation be deferred pursuant to the
terms contained in the Conditions of Approval for CUP 95-09M and DR 95-18R which are in the
approval letter for the project, dated July 6, 2007, on file with the City (Exhibit A)
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 of litigation to enforce the provisions of this Covenant, the prevailing party shall
be entitled to full reimbursement 6fall costs, including reasonable attorneys' fees, from the other
party
Dated: 3;} flop By
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,.
Dated: 3/9/c1 By'
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Robert J Manis,
Director of Development Services
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8078
CALlFORNIAALL.PURPOSE ACKNOWLEDGMENT
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County of San Diego
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true and correct.
Place Notary Seal Aoove
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<tl2007 Natiorlal Notiry Association 9350 De Soto A~fJ., P.O, Box 2402 . Ch<ltsworth. CA 91313..2402' WWW.NaticnalNolaryorg Item d59iJ7 Reorder.. Call Toll Free 1-800..876..6827
MICKEY LAF'\GNA, Mayor ~ITY E~;T POWA'
BOB EMERY. Deputy Mayor
MERRILEE BOYACK, Councilmember
DON HIGGINSON, Councilmember
BETTY REXFORD, Councilmember
July 6, 2007 8079
Bob Thomas, Property Owner
4097 Via Palo Verde Lago
Alpine, CA 91901
Mini Mobile, Applicant
Attn, Dennis D'Assis
7710 Balboa Avenue, Suite 127
San Diego, CA 92111
Project Number and Name: Conditional Use Permit (CUP) 95-09M/Development
Review (DR) 95-18R. Mini Mobile. Applicant
Location: 12345 Crosthwaite Circle
Assessor Parcel Number: 317-280-57
Request: To amend a previously approved CUP and DR to
chanqe the approved outdoor storaqe use on the site
and add a 2,200-square-foot office buildinq to establish a
seatainer storaqe business
Zoning: Planned Comrnunity
General Plan Designation Planned Community
South Poway Specific Plan Land Use Designation: Liqht Industrial/Outdoor Storaqe
DECISION OF THE DIRECTOR OF DEVELOPMENT SERVICES
A REQUEST FOR APPROVAL TO AMEND A PREVIOULSY APPROVED CUP AND DR
TO CHANGE THE APPROVED OUTDOOR STORAGE USE ON THE SITE LOCATED
AT 12345 CROSTHWAITE CIRCLE, IN THE SOUTH POWAY PLANNED COMMUNITY
ZONE, AND ADD A 2,200-SQUARE-FOOT OFFICE BUILDING IS HEREBY APPROVED
AS FOLLOWS:
City Hall Located at 13325 Civic Center Drive
Mailing Address: PO. Box 789, Poway, California 92074-0789 . (858) 668-4400
r:T
. .
CUP 95.09M/DR 95-18R 8080
July 6,2007
Page 2 of 10
Section 1, Pursuant to Section 15183 of theCcilifornia Environmental Quality Act
(CEQA), the certified Final Env)ronmenta"nitian~ef?6rt'{EIR) dated July 30, 1985, and the
Final SubsequentEIR dated July 26,1988, for the South Poway Specific Plan adequately
address potentially sighificaht adverse environmental impacts of the proposed
developrnent because it is :th'econstruction of an industrial building designed to be
consistent with the development envisioned with the South Poway Specific Plan, and
additional environmental review for this project is not required
Section 2, The findings in accordance with Chapter 17 52 of the Poway Municipal Code
(PMC) and the implementation procedures for the South, Poway Specific Plan (SPSP) for
Conditional Use Permit 9"5-09Miand Developrnent Review 95-18R are made as follows,
,
A. The project, as conditioned, is consistent with the SPSP and the Poway General
Plan in that the proposed, office project has been designed to comply with all site
development standards,'for Light Industrial/Outdoor Storage designated properties
B That the approved project will not have an adverse aesthetic, 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
C That the approved project encourages the orderly and 'harmonious appearance of
structures and property within the City in that the project, as conditioned, is
consistent with the general design standards in the South Poway Business Park,
Section 3, Pursuant to Government Code Section 66020, the design and improvements
of the proposed development are consistent with all elements of the Poway General Plan,
as well as City Ordinances, because all necessary services and facilities will be available
to serve this project. The construction of public improvements is needed as a result of the
r .' . - .
proposed development to protect the public health, safety, and welfare as identified below'
A. In 'accordance with the Poway General Plan, the project requires the payment of
sewer, water, traffic mitigation, park, and drainage fees, which are assessed on a
procrata basis to finance public infrastructure improvements, the project will provide
sidewalks along the property frontage, which promote a safe and healthy
environmen\;and: .the projeCt will provide enhanced landscaping along the street
frontage and west property line to screen outdoor' storage activities
Section 4: Conditional UsePermit 95-09M and Development Review 95-18R, consisting
of a seatainer'storage business as shown on the plans'dated June 5, 2007, and located at
12345 C~osthwaite Circle, in the South PowayPlanned Community, is approved subject to
the following conditions,
. .
CUP 95-09f1.11/[)R95"18R
July 6, 2007 8081
Page 3 of 10
A. All original Conditions of Approval established under City Council Resolution
pc96-06: for CUP 95c09 and DR 95"18 are applicable unless superceded, as
determined by the Director of Development Services, by conditions of approval
contained herein.
B The applicant shall comply with the Poway Municipal Code and the latest 'adopted
Uniform Building Code, Uniform Mechanical Gode, Uniform Plumbing Code,
National Electrical Code; l!biform Fire Code, and all other applicable codes and
ordinances at the time of Building Permit issuance
C Uses within the approved building and on the site. shall be limited to those identified
for the site's applicable land use designation as identified and defined in the City of
Poway's South Poway'Specific Plan Development Standards,
D Stacking height of individual seatainers not exceeding nine feet in height shall be
limited to two high onltle Westerly 185 feet of the site, and the stacking height of
individual seatainers not exceeding nine feet in height shall be limited to three high
on the balance ofthe site,as shown on the approved site plan.
E. Prior to moving seatainers to the site, enhanced landscape screening, as identified
in more detail in Condition of Approval E,19, shall be installed to the satisfaction of
the Director of Development Services and inspected by the City's Landscape
Architect.
F Prior to issuance of ,a Eluilding Permit, the applicant shall submit building plans for
building plan check, -whicti are consistent with the approved project plans on file
in the lJevelopment Services Planning Division Compliance with the following
. conditions is required prior to issuance of the Building Permit:
(Engineering)
1 If any grading is to exceed 50 cubic yards of earthwork, or if any cut is
greater than two feet in vertical depth and creates a cut slope steeper than
2: 1 (two .horizontal to one vertical), or if any fill is more than one foot in
vertical depth, then the property owner'shcill ,apply for a Grading Permit and
submit agradihgplan for review and approval, to the Developrnent Services
Department. If'the above conditions do not apply, the property owner shall
provide written certi~cation from a State regi~tered civil engineer or licensed
architect indicating'the actual quantity of earthwork involved and pay a $500
inspection' fee
2, The applicant shall cause the preparation of plans, by a licensed civil
engineer, and the construction of sidewalk improvements along the project's
street frontage on Crosthwaite Circle Improvements shall be designed and
. .
CUP 95-09M/DR 95"18R 8082
July 6, 2007
Page 4 of 10
constructed in accordance with City-adopted standards and specifications,
the latest adopted edition of the Standard Specifications for Public Works
Construction and its corresponding San Diego Supplements, the current San
Diego Regional Standard Drawings, and the South Poway Specific Plan
As an alternative to providing the sidewalks concurrently with development
of the site, the property owner may defer this requirement upon written
request. Deferral shall be no later than the time the City commences
a Capital Improvement Project to provide sidewalks on this section
of Crosthwaite Circle The date that the City intends to install sidewalks on
Crosthwaite Circle is unknown at this time The property owner shall also
have the ability to, in lieu of providing the sidewalk, pay the City directly
for the cost of installing the sidewalk along the project's street frontage on
Crosthwaite Circle. The cost is to be determined by the Director of
Development Services at the tirne of commencement of the sidewalk project.
Should the required improvernent be deferred, a Deed Covenant shall be
recorded on the property which identifies the improvement obligation and its
deferral.
3 The applicant shall pay all applicable e,ngineering plan checking and
inspection fees for the sidewalk improvement plans.
4 A $2,000 erosion control cash security deposit shall be posted with the City
5 The applicant shall attend a pre-construction meeting, at which time the
applicant shall present an Action Plan that identifies measures to be
implemented during construction to address erosion, sediment, and pollutant
control. Compliance for erosion control can be provided using one or more
of the following guidelines as deemed necessary by Engineering Inspection
a. Provide an onsite de-silting basin with a volurne based on 3,600 cubic
feet per tributary acre drained,
b Cover all flat areas with approved mulch
c, Install an earthen or gravel bag berm that retains three inches of water
over all flat areas prior to discharge, effectively creating a de-silting
basin from the pad.
6 Erosion control, including, but not limited to, a de-silting basin, shall be
installed and maintained by the property owner throughout construction of
the project as deemed necessary by Engineering Inspection.
. .
CUP 95-09M/DR 95c18R 8083
July 6, 2007
Page 5 of 10
7 The site shall be developed in accordance with the approved site plan and
conditions of approval on file in the Development Services Department and
the conditions contained herein,
8 Prior to start of construction of the sidewalk improvements or any work in the
rightcof-way, a Right-of-Way Permit shall be obtained from the Engineering
Division of the Developrnent Services Department. All appropriate fees shall
be paid prior to permit issuance
(Planning)
9 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
10 The modular building shall be on a permanent foundation to the satisfaction
of the Building Division, Architectural enhancernents shall be provided on
the south and east side of the modular building Prior to submitting for
building plan check, the applicant shall submit a concept drawing of the
enhancements for review
11 School impact fees shall be paid at the rate established at the time of
Building Permit ,issuance Please contact the Poway Unified School District
for additional information at (858) 679-2570
12. Trash receptacles shall be enclosed by a six-foot-high masonry wall with
view-obstructing gates and shall provide an area for recyclable materials
The trash area is to be shown on the site plan accompanying the building
plan check submittal. Enhanced exterior treatments to the trash enclosure
shall be provided, and shall be architecturally cornpatible with the building
Locations and exterior treatments shall be subject to approval by the
Planning Division.
13 All roof appurtenances, including air conditioners, shall be architecturally
integrated, screened from view, and sound buffered from adjacent properties
and streets as required by the Planning Division. Any roof appurtenance is
to be shown on the elevations accompanying the building plan check
submittal or, if not on the roof, shown on the site plan,
14 Samples of the proposed color(s) of the building shall be submitted to the
Planning Division for review and approval.
15 All two-way traffic aisles shall be a minimum of 24 feet wide
. .
CUP 95-09M/DR 95c18R
July 6, 2007 8084
Page 6 of 10
16 All parking spaces shall be double striped The minimum dimensions for
standard sized parking stalls shall be8 5' x 185' The parking lot design
shall comply with the Americans with Disabilities Act for accessible spaces,
with one van-accessible space Tire stops shall be provided unless there is
the ability for ,a parked car in the stall to overhang into a landscape planter
over eight feet in width
17 Parking lot lights'shall be low-pressure sodium, and have a maximum height
of 25 feet from the finished grade of the 'parking surface, and be directed
away from all property lines, adjacent streets, and buildings on adjacent lots.
18. Any proposed security lighting shall utilize low-pressure sodium fixtures. The
fixtures shall be shielded, with well-defined cut-off limits, to confine
illumination to onsiteareas only Wall mounted security lights shall only be
,,- .
used on the rear or interior sides of buildings.
19 Complete landscape construction documents shall be submitted to and
approved by the Planning Division, Landscape plan check fees are required
upon submittal of the plans. Plans shall be' prepared in accordance with the
South Poway Development Plan and the City of Poway Guide to Landscape
Requirements (latest edition) and include theJollowing:
a. Enhanced screening landscape along the south, Crosthwaite Circle
street frontage, and along the west< property line shall be provided
Landscaping shall consist of a combination of fast-growing evergreen
shrubs and trees. Trees shall be a minimum of 24" box in size and
shall be planted to fill in screening gaps that exist among the existing
established trees on both the south and west sides of the site
Additionally, shrubs shall also be planted to assist in filling in
screening gaps along the south side of the site and on the west
property line where no,screening wall exists. Landscape and irrigation
to be installed prior to movingseatainers onto the site
b Landscaping along the south side of the new office building and
shown on the approved site plan. Landscaping and irrigation to be
installed prior to issuance of Certificate of Occupancy for the building.
Landscape plans may be separated into two separate subrnittals to depict
each of the landscape areas described above, at the discretion of the
applicant and owner Separate landscape plans will require the payment of
separate landscape plan check fees.
. .
CUP 95-09MfDR 95-18R 8085
July 6, 2007
Page 7 of 10
20 Use of recycled water will be required for onsite landscape irrigation. Each
site shall have a designated user supervisor who has attended the San
Diego County Water Authority user supervisor class The County of San
Diego Department of Environmental Health will assess fees for the following
activities.
a. Site Plan Check $400 avg costs'
b Shut Down Test .* $320 avg costs'
c, Title 22 Inspection $ 80 avg costs'
* Based on full cost recovery, actual fee amount may vary
**Shut down test is required at initial installation and at least every four years
on sites with both recycled and potable water
21 Signs shall be proposed and approved under separate permits,
G Prior to issuance of a Certificate of Occupancy'
1 Sidewalk improvements shall be constructed in accordance with the
improvement plans, City-adopted standards and specifications, the latest
adopted edition ofthe Standard Specifications for Public Works Construction
and its corresponding San Diego Supplements, the current San Diego
Regional Standard Drawings and the South Poway Specific Plan, unless
deferral on the required improvement is requested in writing by the property
owner and a Deed Covenant is recorded on the property that identifies the
improvement obligation and its deferral.
2, The applicanUdeveloper shall cause the dedication of the following
easements to the City'
a. An additional 500-foot-wide public utility easement contiguous with
the existing 10 OO-foot-wide public utility easement along the project's
street frontage on Crosthwaite Circle
b A 6,00-foot-wide public pedestrian walkway access easement along
the project's street frontage on Crosthwaite Circle
A processing fee of $1,00000 per easement shall be paid to the City at first
submittal of easement documents for review
. . .
CUP 95-09M/DR 95-18R
July 6, 2007 8086
Page 8 of 10
3 An adequate drainage system around the building pad capable of handling
and disposing all surface water shall be provided to the satisfaction of the
Engineering Inspector
4 Any proposed utility service for the addition shall be placed urderground
5 The applicant shall repair any and all damages to the streets caused by
construction activity from this project, to the satisfaction of the City Engineer
6 The applicant shall post a one-year Warranty Bond for the public
improvernents required of this project as deemed necessary by the
Engineering Division, .
7 Record drawings for the sidewalk improvements, signed by the engineer of
work, shall be submitted to the Development Services Department prior to a
request of occupancy Record drawings shall be submitted in a manner to
allow the City adequate time for review and approval prior to issuance of
occupancy and release of securities This condition. is applicable if the
improvement is installed and not deferred
H The following irnprovements shall be provided to the satisfaction of the Director of
Safety Services
1 The building shall display its numeric address in a manner visible from the
access street. Minimum size of the building numbers shall be six inches
on the front facade of the building, Building address shall also be displayed
on the roof in a manner satisfactory to the Director of Safety Services, and
meeting Sheriff's Department - ASTREA criteria.
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 This 20-foot access width is the
minimurn required for Fire Department emergency access. In most cases,
City Engineering standards will be more restrictive The more restrictive
standard shall apply The Fire Chief, pursuant to the City of Poway Municipal
Code, shall approve the road surface type
3 The automatic fire alarm system shall be completely monitored by a U L.
listed central station alarm company or proprietary remote station
. . .
CUP 95-09M/DR 95-18R
July 6, 2007 .
Page 9 of 10 8087
4 A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A breakaway padlock shall be required
for the fire sprinkler system Post Indicator Valve
5 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
6 Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings,
7 A minimum 3A.40BC fire extinguisher is required for every 3,000 square feet
and 75' travel distance
8 Material Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in each building,
9 An Emergency Contingency Plan and Hazardous Materials Disclosure shall
be filed with the County of San Diego Department of Health and copies
provided to the Fire Department.
10 N F,PA Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building
I. Upon occupancy the following conditions shall apply'
1 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,
2, Any signs proposed for this development shall be designed and approved in
conformance with the South Poway Specific Plan Standards
3 Uses established on the subject property shall comply with all zoning/South
Poway Specific Plan Standards applicable to the property for the life of the
project.
Section 5. Pursuant to Government Code Section 66020( d)( 1), the 90-day period to
protest the imposition of any fee, dedication, reservation, or other exaction described in
this decision begins on July 6, 2007, any such protest must be in a manner that complies
with Government Code Section 66020 In addition to the appeal requirements pursuant to
. It
. .
.
. .
( CUP 95-09M/DR 95-18R 8088
July 6, 2007
Page100f10
the G()vernrnent Code, a written appeal of this decision pursuant to the Poway Municipal
Code must also be filed
Section 6 This decision becornes effective on Julv 16. 2007, unless an appeal is filed
pursuant to the Poway Municipal Code An appeal may be filed in writing prior to the
effective date of this decision to the City Clerk's office accompanied by the $100 appeal-
processing fee Please contact the City Clerk's office at (858) 668-4530 or the
Development Services Department at (858) 668-4600 for further inforrnation
Section 7. Conditional Use Permit 95-09M/Developrnent Review 95-18R shall expire on
Julv 16. 2009. at 5:00 p.m,. unless a Building Permit has been issued, and construction or
use of the properly in reliance on this perrnit has cornrnenced prior to its expiration
If you have any questions, please contact rne via email at imartin@ci.poway,ca,us, or by
phone at (858) 668-4658 or 668-4600 My fax nurnber is (858)668-1211
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
~~
Jason Martin, AICP
Senior Planner
c: Engineering Division APN File
Safety Services
M:\planning\jason\CUP9509Mapproval.doc