Covenant Regarding Real Property 2001-0475220
'" 'RECORDING REQUEST B.
CITY OF POWAY
WHEN RECORDED'MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA92074-0789
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No Transfer Tax Due
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DOc.lt 2001-04'75220
JUL
11.
2001 8:21
AM
3716
OFFICIAL RECORDS
SAN:DIEGO:COUHTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 28.00
COVENANT REGARDING REAL PROPERTY
COHU, Inc" a Delaware Corporation, Property Owner ("OWNER" hereinafter) 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 317-280-56 ("PROPERTY hereinafter), In .consideration of
approval of CUPOO-25, 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, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties,
In the event that CUPOO~25expires or is rescinded by City Council at the request of the
OWNER, the CITY shall expungeJhisCovenant from the record title of the PROPERTY
In the event of litigation, to enforce the'provisions of this Covenant, the prevailing party sh-all be
entitled to full reimbursement of all exists, including reasonable attorneys' fees, from the other party
Dated:
6) 20/c/
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Dated:
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C '\M Y Documenls\FO RJ\..1 S\CovcnanLCUP ;smpl.doc
COHU, Inc.
BY
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Jo n A len, Vice President
CITY OF POWAY
By'
nt Services
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3717
EXHIBIT "A"
LEGAL DESCRIPTION
PARCELS 101, 102 AND A PORTION OF PARCEL 103 OF PARCEL MAP NO 16320, IN THE
CITY OF PAWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 10, 1990,
ACCORDING TO CERTIFICATE OF COMPLIANCE RECORDED JULY 1,1992 AS FILE NO
1992-414194 OF OFFICIAL RECORDS, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL 105 OF PARCELMAP 16320
NORTH 390 45' 33" WEST 618.40 FEET, THENCE,
NORTH 000 01' 51" EAST 584 60 FEET, THENCE,
SOUTH 88028' 24" EAST 290.00 FEET, THENCE,
SOUTH 000 01' 57" WEST 46.94 FEE, THENCE,
SOUTH 820 46' 00" EAST 506.32 FEET, THENCE,
SOUTH 630 08' 00" EAST 170.54 FEET, THENCE,
NORTH 880 08' 00" EAST 253.23 FEET, THENCE,
SOUTH 03051' 02" WEST 673.92 FEET, THENCE
SOUTH 870 26' 00" WEST 482.83 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY WITH A RADIUS OF 324.50 FEET, THENCE, ALONG SAID
CURVE CENTRAL ANGLE 600 48' 13" A LENGTH OF 344.37 FEET TO THE POINT OF
BEGINNING, A RADIAL TO SAID CURVE BEARS NORTH 630 22' 13" WEST
EXCEPTING THEREFROM ALL MINERALS, OILS, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER OR
WHICH MAY BE PRODUCED FROM SAID PROPERTY WHICH UNDERLIES A PLANE
PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID PROPERTY
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FOR THE PURPOSE OF PROSPECTING FOR, THE EXPLORATION, DEVELOPMENT,
PRODUCTI0N, EXTRACTION AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM,
OTHER HYDROCARBON SUBSTANCES AND WATER FROM SAID PROPERTY BUT
WITHOUT THE HIGHT TO ENTER UPON THE SURFACE OR ANY PORTION THEREOF
ABOVE SAID PLANE. PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF
THE SAID PROPERTY FOR ANY PURPOSE WHATSOEVER.
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EXHIBIT B
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3718
RESOLUTION NO P- 01-14
A RESOLUTION OF THE CITY CQUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00-25
ASSESSOR'S PARCEL NUMBER 317-280-56
WHEREAS, CUP 00-25, submitted by COHU, Applicant, requests a Conditional Use
Permit to allow for lease multi-tenant office use of the building located at 12365 and 12367
Crosthwaite Circle within the South Poway Planned Community zone; and
WHEREAS, on ApriL3, 2001, the City Council held a duly advertised public hearing
to soiicit comments from the public, both pro and con, relative tothis application, and
NOW, THEREFORE, the City Council does hereby resolve as follows.
Section 1: The City Councii finds that Conditional Use Permit 00-25 is Categorically
Exempt from the provisions ofthe California Environmental Quality Act, pursuant to Section
15301 (a), Class 1 exemption, in that it involves no expansion of existing facilities othenhan
minor alterations involving such things as interior partitions, plumbing or electrical
conveyances.
Section 2: The findings, in accordance with the South Poway Specific Plan .Section
17 48 070 of the Poway Municipal Code for CUP 00-25 to approve a Conditional Use
Permit to allow for lease, multi-tenant office use of the building located at 12365 and 12367
Crosthwaite Circle within the South Poway Planned Community Zone, on property
designated Industrial Park are made as follows:
A. The.project is consistent with the General Plan and the South Poway Specific.Plan,
as the site is designated. as Industrial Park and permits for lease, multi-tenant office
with the approval of a conditional use permit.
B The location, size, design and operating characteristics of the use will be compatible
with and will not adversely affect or be materially detrimental to adjacent uses,
buildings, structures, ornatural resources as the multi-tenant office use will oc'cupy
an existing building
C The project will not result in an expansion of the existing building Therefore, the
project is in harmony in scale, bulk, coverage and density with adjacent uses.
D The for-lease, multi-tenant office use will be within an existing building where there
are public facilities, services and utilities available.
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37\9
Resolution No. P-01-14
Page 2
E The multi-tenant use will occur within an existing industrial building and will not
constitute. an enlargement of anexistillg use. Therefore, there will not be a harmful
effect upon desirable neighborhood characteristics.
F The generation of traffic will not adversely impact the capacity and physical
character of surrounding streets and/or the Circulation Element ofthe General Plan.
G The for-lease, multi-tenant office use will be within an existing industrial building on
a site that is suitable for the type and intensity of use that is proposed
H. The project will not involve a significant expansion of the limits of the existing
structures. Therefore, there will not be significant harmful effects upon
environmental quality and natural resources.
There are no other relevant negative impacts of the proposed use that cannot be
mitigated
J The proposed conditional use will comply with each of the applicable provisions of
Section 17 48.070 of the Poway Municipal Code.
Section 3 The City Council hereby approves CUP 00-25, allowing for lease, multi"tenant
office use of the building (where the leased space does not exceed 63,000 square feet
[19%] of the total building area)Jocated at 12365 and 12367 Crosthwaite Circle,as shown
on the plans dated December 21, 2000, subject to the following conditions:
A. Approval of this CUP request shall apply only to the subject project and 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
B Within 30 days of the date of this approval. (1) the applicant shall submit in writing
that all conditions.of approval have been read.and understood; and (2) the property
owners shall execute a Covenant on Real Property
C The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
commercial uses.
D The conditions of CUP 00-25 shall run with the land and be bindihg upon future
owners, successors, heirs, and transferees of the current property owner
E CUP 00-25 may be subject to annual review as determined by the Director of
Development Services for compliance with the conditions of approval and to
address concerns that may have been raised during the prior year
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'37'r20
Resolution No. P-0l>-14
Page 3
F Theprojectshall.comply with the conditions of approval forthe'property established
withthe'app!ovaLof Development Review 90-18M with'Hesolution No. P-91-40,and
Resolution No P-92-17
G Compliance with the City of Poway Sigh Orainance and the South Poway Specific
Plan sign standards is required.
H The applicant shall obtain a Building Permit prior to construction of tenant
improvements. Prior to issuance of a Building Permit, the applicant shall comply
with the following:
1 The applicant shall comply with the latest adopted Uniform Building Code,
National' Electric Code, and all other applicable codes and ordinances in
effect at the time of electrical/building permit issuance
2. The maximum height of any mechahicaleqljipment or tanks proposed
outsi,de of the building shall not exceed tlie building height or 35 feet,
whichever is, less, The location ofSaid equipment shall be reviewed and
approved by the Directbr of Developmel)t SerVices. The equipment ortariks
shall be painted to'match and blend in with the exterior of the building.
3 A current service tag shall be required on the hood and duct fire protection
'system in the cafeteria.
4 Provide documentation of current test and certification of Halon Fire
Protection System in the computer room.
5 Installation of hitrogen tank storage and dispensing systems shall be in
accordance with Article 75 of the Uniform Fire Code.
6 Provide documentation of five-year certifici:ltion of all fire protection sprinkler
systems.
Prior to establishment-of the multi"tenantoffice use, the following conaitions shall
apply'
1 The future parking lot expansion shall be completed to the satisfaction of the
Director of DevelopmentSeryices ,A Dnal inspection shall be completed by
the Engineering, Building and Planriing Divisions.
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3721
Resolution No P-Ol-14
Page 4
2 The ,site shall be developed in accordance with the approved plans dated
December 21,2001, on fileinthe Devel6pmentServices Department and the
conditions contained herein. The proportion of leased office space shall not
exceed 63;000 square feet. A final inspection from the appropriate City
Departmentswill .be required.
a. Upon establishment of for lease, multi-tenant office use of the building
located'ai 12365 and 12367 Crosthwaite Circle, pursuant to CUP 00-
25, the following shall apply'
b The property owner is responsiole to insure that adequate on-site
parking is available.
c. Landscaping shall be maintained in a healthy thriving condition.
d Two monument signs have been constructed on the property
Pursuant to the South Poway Specific Plan Development Standards,
only one monument sign is permitted per industrial development.
There,is no record that a sign permit approval was obtained for the
second monument sign. The second monument sign may remain for
use by.Anacomp, until the Anacomp lease of the property expires on
October 27, 2002, or Anacomp leaves the premises, whichever is
first. This second monument sign shall be removed within 30 days of
Anacomp leaving the site.
Section 4: The approval of CUP 00-25 shall expire on October 27,2002, at 5.00 p.m. or
at the time.that Anacomp ceases to occupy the premises, whichever is first.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 3rd day of April 2001
Michael p
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CafCjgna,\ Mayor
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ATTEST
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Lori Plnne Peoples, City Clerk
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Resolution No P- 01-14
Page 5
STATE OF CALIFORNIA
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3722
COUNTY OF SAN DIEGO
I, Lori Anne Peoples, City Clerk of the City ofl?oway, dohereby certify, under the
penalty of perjury, that theJoregoing Resolution No. P-01-14 ,was duly adopted by the
City Council.at a meeting of,said City Council held on the 3rd day of April 2001, and that it
was so adopted by the following vote:
AYES
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES
NONE
ABSTAIN
NONE
ABSENT
NONE
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Lori Anne Peoples, City Clerk
City of Poway
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CALfF'ORNIA cALL.PUR.E ACKNOWLEDGMENT
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