Covenant Regarding Real Property 1999-0184706
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33'94
DOC. 1999-0184706
RECORDING REQUEST BY.
MAR 23, 1999 8:35
AM
CITY OF POWAY
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WHEN RECORDED MAIL TO'
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Don Nicholas, Tami Nicholas and Joan Corsby("OWNcR" hereinafter) is ti'I8 owner ofreai property -
described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as
Assessor's Parcel Number 317~810-14("PROPERTY" hereinafter}. In consideration of the approval of
Conditional Use Permit 98'08/Development Review 98-33 by the Cityof'Poway("CITY" hereinafter), OWNER
hereby-agrees to abide by,conditions,ofthe 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In the event that Conditional Use Permit 98-08/Development Review 98-33 expires or is rescinded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
In the event of iitigation to enforce the provisions of this Covenant, the prevailing party shall be entitled
to full reimbursement of all costs, including reasonable attorneys' fees, fromthe other party
Dated L / 9/99
1), luJ
Don Nicholas, OWNER (Notarize)
Dated:
Z / "I he;
{rifJrlrJt;8rlfi~
Tami Nicholas, R (Notarize)
g IE
Joa Corsby, OWNER (Notarize)
Dated:
2./ '1 /97
CITY OF POWAY
Dated: "Fe.bfU^":) 3, ICi'j i
By'
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CALIFORNIA ALL.PURPO ACKNOWLEDGMENT
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State of
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before me, '
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County of
On Feb
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Name(s)of Signer(s)
'Jip-ersonally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s}
whose name(s).is1are subscribed to the within'ihstrument
and acknowledged to me that R91.~Blthey executed the
same in ~/their authorized_capacity(ies), and that by
hi&IIlefItheir signature(s)on the instrument the person(s},
or the entity up()n .behalf of which the person(s} acted,
executed the instrument.
personaliy appeared
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1. STACY (;EREMIA '
'" Commission #1078799 i!O
~~,,; Notary Public - Califo~la . >
Z . Son Luis Obispo County ....
i _... ... __ :~ ~~:~~:~:_ExPires No-i'29;1999
OPTIONAL
Though the information below is not required, by 'law, itmayprove valuable topersons relying on'the document and could prevent
fraudulent removal and reattachment of this form to another docdment.
Description of. Attached Document
Title or Type of Document: C____DYtn?l.rrr AUI[l./dA (lCO" fJea/ PrCfU"rr
~ q O?1 J
Document Date: [ - - I 1 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed Iiy Sigher(s)
Signer's Name:
Signer's Name:
D Individual
D Corporate Officer
Title(s},
D Partner ~ 0 Limited D General
D Attorney-in-Fact
D Trustee
DGuardian or Conservator .
o Other" Top of thumb here
D Individual
D Corporate:Officer
Tille(s}:
D Partner - D Limited D General
D Att~rney-in-Fact
D Trustee
D Guardian or Conservator
o Other; Top of thumb here
Signer is Representing:
Signer Is Representing:
@1994 National Notary Association. 8236Remmel Ave., P.O. Box 7184. Canoga Park., CA'91309-7184
Prod. No. 5907
Reorder: Call TolI:Free 1-800 876 6827
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LEGAL DESCRIPTION
The foilowiilg described real property in the County'of San Diego, State of California:
Lot37 of City of Poway Tract No. 87-13, Unit 1 ,in the City of Poway, County of San
Diego, State of California, According to map thereof No 12556 file ih the office of the
County Recorder of San Diego County, February: 8', 1990
Exhibit A
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3397
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RESOLUTION NO, P- 99-10
A RESOLUTION OF THE~C::IJ:YGO!JNCIL
OFTHEGITY OF POWAY, C;A.LlFORNIA
ApPROVING CONDITIONAL USE PERMIT 98-08
,A_Np PEVELOPMENr REVIEW 98-33
ASSE$SO~'S PARCEL NUMBER 317-810-'14
WHEREAS, Conditional. lJse Permit' 98"08 an~ Development Review 98-33,
submitted by Statewide Safety and Signs, Applicant for the purpose of constructing a
5,740 square foot storage'warehouse which is permitted ~o maintain outdoor"storage on
the rear portion of the lot located at 13755 Blaisdell Place within the light industHalland use
designation of the South Poway'Business Park; and
WHERE:As, on February 2. 1999, the City CounCil held a duly advertised public
hearing to soliCit comments fromJhe public, both pro and con, relative to this application;
and
WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS
FURTHER'GIVEN that the90"day'period to protesttheimposition of aoyfee,.deq[catioh,
reservation, or other exaction'described in this resolution begins oh the effective-date of
this resolution and any such protest must be in a manner that complies with Sectioh66020
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Envirbnmentai Findings:
The City Council fir:lds.thatthe previously certified Final EIR and Final Subsequent
EIR for the South Po,Way Specific Plan adequately address the potential
environmental impacts of the proposed development.
Section 2: Findinasc
Conditional Use :f?ermit'98c08
1 The project is consistent with the~eneral. Plan and the South Poway
SpecificPlanwhich designate this site,forlightindustHal use, and which may
permit outdoor storage with the,benefit'ofa conditional use permit.
2. Thatthe,location, size, design, and operatingchara(!teristics ofthe use will
be compatible with and will not adversely affect or be materially detrimental
to adjacent uses, buildings, structures, or natural resources; in that the
project is' being located on an interior 'lot within the industrial park which is
not readily'visible from major roadways!orresidentiaLareas. The installation
of the eight foot perimeter walls will conceal the proposed outdoor storage.
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3398
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Resolution No. P-99-10
Page 3
Within ,30 days of approval (1) the applicantshall 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.
1. The use ,conclitionally granted by this permitshall not be, conducted in such
a manner ,as, t9 interfere with the reasonable use and enjoyment of the
surroundin<g residential and commercial uses.
2. This conditional use permit shall besubjecttd annual review by the Director
of Planning Services for compliance with,the conditions of approval and to
address concemsthat may have occurred during the past year. Ifthe permit
is not in compliance with the conditions dfapproval, or theplanriing:Services
Department has: received complaints, the required annual review shall,be set
for a public hearing before the City Council, to consider modification or
revocation ortheuse permit.
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. Approvalgfthis'request shall not waive compliance with all sections of the South
Poway'Devel9pnienj Standards the Zoning Ordinance and all other applicable City
Ordinances in effecliat the time of building permit issuance.
4. All roof appur,tenl;lnCeS, including air conditioners, shall be architecturally integrated,
screened from view and sound buffered frem adjacent properties and streets as
required by the Planning Services Department
5 The applicant shaUcomp'!y with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing'Code, National Electric Code, Uniform Fire
Code, and all other applicablecodes:ancl,orc;linances in effect at the time of building
permiUssuance.
6. Trash receptacle shall be enclosed within a six foot high masonry wall with view-
obstructing gates,pursuantto City standards. Location shall be subject to approval
by thePlahningServices Department.
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3399
~esolution No. P- 99-10
Page 4
7 Prior to any use ofthe project site or business~activity being commenced 'thereof,
all conditions of approval contained herein shall be completed to the satisfaction of
the Director of PlariningServices.
8. This approval shall become"null and void itbuilding permits are not issued for this
proje~twithin two years from the date of project approval.
PARKING AND VEHICULAR ACCESS
1 All parking lot landscaping shall include a minimu~m 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',becprovided and be separated from vehicular areas byasix
inch' high, SIX inch widePortland concrete cement curb.
2. Parking'lotlights .shallbe low pressure sodium and, have a maximum height of m
feefifrom the finished grade of the parking surface and .be'directed away from all
property lines, adjacent streets and buildings on adjacent lots.
3. All parking spaces;snall be double striped. The parkj09 lot design shall comply with
the Americanswith Disabilities Act, Le. 1 :25 ratio for accessible spaces with at least
one van accessible space:
LANDSCAPING
1 A detailed landscape and irrigation plan shallbe.submitted to and approved by the
Planning Services~bepartment prior to the issuance'of building permifs. Plans shall
be prepared in accordance with the Citv of Powav Guide to Landscape
Reauirements (Iatestedition).
2. All landscaped areas shall be maintained in;a healthy and thriving condition, free
from weeds, trash and debris.
3. Street trees, a minimUm of 15 gallof) size,or'larger, shall be installed \nac.cordance
with the City of Poway Guide to Landscape Requir'ements,and shall be planted at
an average of 30 feet on center spacing along ail streets.
4 Landscaped areas w.ithir1the adjacent public right-of-way shall be permanently and
fully maintained by the owner
SIGNS
Any signs'pr<~posed 'for this development shall be designed and approved in conformance
withthe,Sign Ordinance.
COMPLiANCi:,WITH:THE FOLLOWING,C0NDITIONS IS REQUIRED. COMPLIANCE
SHALL BE Ap"PROVED BY THE DEMRTMENT OF SAFETY SERVICES.
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3100
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Resolution No. P-99-1O
Page 5
1. Roof 'cove~ing shall be fire retardant as per U.F CSection 3203(e) and City of
Poway,Ordinance No. 64.
2. "[he building shall display their numeric. address in:a manner visible from the access
street. MiniJ11um siie;of the building numbers shall be 18 inches on the front facade
of the building. Bi:Jildi[ig address shall also be displayed on the roof in a manner
satisfactoryto'the Director of Safety Services, and meeting Sheriff Department's
ASTREA criteria.
3. Every building hereafter constructed shall be accessible to Fire Department
apparatus by<wayof'access roadways with cil!-vyeather driVing surface;of.notless
than 20 feet of, unobstructed width, with adequate roa'dway turning ra'dius capabie
of sl.ipporting the imposed loads of fire apparatus' having a, minimun'lof 1,3:6" 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 meeting
P M.C. requirements. The building sprinkler system, shall be designed to meet a
minimum 45/3000'design density at the roof. Stofage of Class A plastics up to 1'5'
shall be protected bya design density of at least .60/4000 square feet ifno in-rack
sprinklers are to be provided. The entire system is to be monitored. by atentral
monitoring company. System post indicator valves with tamper switches.,also
monitored, are to tJe,/ocated by the City Fire Marshal'prior to installation. Installing
Fire Sprinkler A~D Underground Fire Service Contractor(s) shall obtain a copy of
the fire department's '''Policies for Automatic Fire Sprinkler Systems"
5 An automatic fire 'alarm system shall be installed to approved standards by a
properly licensedcoritractor. System shall be completely monitored by a U.L. listed
central station alarm company or proprietary remote station.
6. A.Security Key box shall be required for the buildii1g at a location determined by the
City Fire Marshal. A padlock shall be required for the fire sprinkler system Post
Indicator Valve.
7 Fire Department access for use of fire fighting equipment shall be provided to the
immediate jobconstfUction site at the ,start of construction and maintained at all
times until construction is completed.
8. Permanent access roadways for fire apparatusshcill be designated as 'Fire Lanes'
with appropriate signs and curb markings.
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Resolution No. P- 99-10
Page 6
9. Minimum4A:60SC: fire extinguisher(s)are required for 3,000 square feet and 75' of
travel distance. A 2A1 OSCfire extinguisher(s),reqiJir'edfor office areas every 3,000
feet and 15'oftraveldistance.
10 If an eleyator is' installed, it shall be sized to accomr:nodate a nOll11al hospital
gumey. Mln"frnUl11 dimensions or the inside car platform shall be 6'8" wide by4'3"
deep
11 The applicant shall. provide a detail plan for all storage areas and a complete
racking plan.
12. The addition of on-site;fire hydrants is required. The location of the hydrants shall
be determihedby tile Gity Fire Marshal.
13 Material Safety Data 'Sheets shall be required for all hazardous and/or toxic
substances used in each building.
14 An Emergency Con!ingency Plan and Hazardous: Materials Disclosuresh'all.be filed
with the Couhty of San piego Department of Health' and, copies provided to the Fire
Department.
15. Priorto delivery of combustible building materia.l <:in site, water and sewer systems
shall satisfactorily pass all required tests and be qonnec.ted to the public water and
sewer systems. In-addition; the first lift of asphalfpa\rilJ9 shall be.in place'.to proVide
adequate, permanentaccess for emergency veBicl.~s: The final lift Qf',asghaft shail
not De installed'uhtil.altother construction activityhasbeensubstantiaflY;c6mpl~ted
to the satisfaction dfthe City.
16. NFPA Standard704,. Hazardous Materials Labeling; shall be provided as necessary
throughout the buildihg.
17 The buildihgs shall be provided with approved automatic smoke and heat.vents.
18. All electrically operated access gates shall be equipped with a Knox over-ride
switch. Contact thePoway FireDepartment to order the appropriate,hardwarei
19. Contrl,3ctor shall ensure that conflicts between sprinkler head locations and roof
venting appurtenance (heat & sl110ke venting, turbines and sky lights) do not exist.
20. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man
door or shall be located inside an enclosed closet/with an exterior access man door.
Door shall be labeled.with a sign indicating "Fire Sprinkler Riser" When the closet
method is chosen,applicantshall provide.36 inches of clearance from the standpipe
or attached additional risers, accessible by a 3'-0" man door.
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Resolution No. P- 99-10
Page 7
COMPLIANCE WITH THE'FOLL0WING CONDITfc5Ns IS REQUIRED. COMPLIANCE
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SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
GRADiNG
1 Grading of the subject;property shall be in accordcince with the Uniform Building
Code, City Grading Ordinance, approved grading plan and geotechnical report, and
accepted grading practices.
2. Agrading plan for the development of the property, prepared on a standard sheet
of mylar and drawn,at a scale of 1" = 20', shall be submitted to the City's
Engineering Seivi<;es Department for review and .approval prior to issuance of a
grading permit and startcafgrading 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.
3 A soils report shall be prepared by a qualified engineer licensed by the, State of
California to perform such work. Copies of the report shall be submitted with the
grading plan.
4 .AII new slopes shall be a maximum of 2:1 (horizontal to vertical).
5 A final compaction report shall be submitted and approved prior to issuance of
building permits.
6 A certification of line and grade, prepared by the project civil engineer, shall be
submitted prior to issuance of building permits.
7 Erosion control, including but not limited to desiltation basins, shall 'be installed and
maintained from Oct. 15th'to April 151h. An erosion control plan sha.1I be prepared
by the project civil engineer and shall be submitted as PCirt of the grading plan. The
developer shall make provisions to insure the proper maintenance of all erosion
control devices throughout their intended life,
8. Paving of the parking lot shall conform to the standards as set forth in Section
12.20 080 of the City Code. All driveway approaches shall be with alley-type
returns.
9. No parking space shall be allowed within City's easementls unless otherwise
approved by the Director of Engineering Services.
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Resolution No. P- 99-10
Page 8
UTi(ITIES/OlHERS
1 Should there be a need for new fire hydtantls, a water system analysis shall be
prepared to establish the proper size and loc!ition of the public water system.
Applicantshajl pay to the City the cost of preparing the analysis prior to submittal
of improvement .plans. Improvement plans prepared by Registered Civil Engineer
shall be submitted for approval by Engineering Services Department. Plan check
and inspection expenses shall be paid by the developers.
2. Existing telepho[le, g8.S, electric, water, sewer~, and other public utility lines and
appurtenances shall be shown on the grading plans.
3. All on-site private sewer mains shall be constructl?dto public sewer standards and
specifications and shall be shown on the grading plans.
4 Water and sewer main lines 'and appurtenances thatwill be installed at Ideations
other than within public streets, shall have an easemEmt,a minimum of 20 feet wide
for each lirie, dedicated to the City of Poway. Multipl,e parallel facilities will require
additional easement' width for on-site facilities. Easement dedication shall be
recorded priorto issuance,of a certificate of occupancy A processing fee shall be
paid to theCity:s Engineering Department atfirst submittal of documentsJor review.
5. All public utility lines (i.e.; water, sewer, drainage)notlocated within public streets
shall have an improved access over and along the respective easement, the
surfacing and width of which shall be acceptable to the City Engineer.
7 Improvement plans for the new public watersystem~prepared on standard sheets
of Mylar by a Registered Civil Engineer, shall be submitted to the City's Engineering
Services Departmentfor review and approval. Plan check and inspection fees shall
be paid by the deveioper
8. Securities (performance and payment bonds) for the construction of public
improvements shall be'posted with the City priortojmproveme'nt'planapproval. A
warranty bond shall be posted with the City prior to acceptance of improvements.
GENERAL REQUIREMENTS AND APPROVALS
1. Prior to building permit issuance, appropriate water and sewer fees,shall be paid
to the Cit~is Engineering Services Department. Sewer fees shall include, but are
notliriliteg, to connection fee, cleanoutfee, and installation inspection fee.
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Resolution No. P- 99-10
Page 9
Meter Size Cost Water Lateral
1" $150.00. $ 500.00
1.5" $275.00 $1,500.00
2" $695.00 $2,400 00
EXDansion Fee
SDCWA Fee*
$ 500.00
$ 1,000.00
$ 1,400.00
$2,536.00
$4,755.00
$8,242.00
For a meter size.:not.tisted above, please contact, Engineering Services.
* This fee is subject to change without further notice. Applicable only to water
meter for domestic use. The amount to be paid shall be thatin effect at time of
payment.
Sewer Fees are as'foIlows:
Sewer connection fee
=$2,815.00*'
(Based on a bldg.
Area of 5,740 SF)
Cleanout
Inspection fee
=$
=$
50.00
2500
** This is an additional.,sewer fee for this property based on 5,740 SF of building to
be built. Should the ,building area change at or prior to building permit issuance, a
recalculation ofthisamount:must be made. The owner/ developer is responsible to notify
Engineering of any changes.
2. A right-of~way permit shall be obtained from the City's Engineering Services
Department for any work to be donewithin the public street right-of"way or any City-
held easement. Said work~hall include, but is not limited to, construction of
driveway approach; Isewer lateral installation, water service line installation, and
street' construction.
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Resolution No. P- 99-10
Page 10
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 2nd day of February, 1999
ayor
ATTEST:
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, LoriAnne Peoples,eity Clerk of the City'ofPoway, do hereby certify, under the
penaltyofpedury, thaUh~ foregoing Resolution, No. 1'-'99-10 , was duly adopted by the
City Council at a meeting of said City. Council' held on the 2nd day of
February , 1999, and that it was so adopted by the following vote:
AYES
EMERY, GOLOBY, HIGGINSON, REXFORD
NOES'
NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
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Lori,A8he Peoples, City lerk
City of Pdway
N:\PLANNING\REP0RTlCUP9808.RES