Covenant Regarding Real Property 1996-0466221
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RE9QRDING'REQUEST BY:
crty: Of" POWAY
'WHEN RECORDED;MAIL TO:
CIT'l CLERK
CITY OF POWAY
PO BOX 789
poviAV CA 92074-0789
No Transfer Tax Due
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Darn 1996-0466221
13-SEP-1996 09=48 AM
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, ,OFFICIAL ,RECORDS'
~ 272 SAH DIEGO COUNty' RECORDER'S OFFICE
I . GREGORY SMITH, COUHTY RECOROER
RF: 13.00 FEES:
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COVENANT REGARDING REAL PROPeRTY
Bryan Miller (':OWNER" hereinafter) is the, OWner 'ot,real property described In Exhibit A,.which;ls'
allache(Ci1erElloa~lmadeapart'hereof alldwhich iscommonly::known asAssesSorisParcei NuiTIber3i7-
.270-16;. 45 ('PROPERTY" hereinaft,er)., In c::9nsiderlltioll <>f'the app!oval' of Conditional Use Permit 96-
1 O/Developmerit, Review 96-08 by'thEi,City, of Poway' (':CITY" hereinafter)"OWNERhereby agrees to abide
byconditioris of the attached reSolUtion (Exhibit B).
This Coy,enant shall'run'with the land aoo be biridirilfujioriand';iriure,tothe benefit of the,future
owners, encumbrancers, successors, heirs, personal' representatives, transferees arid assigns of the
respective parties, '
In the evenlthat;Condjtional Use Permit 96-10/Dev,elopment,Review96'()8 expires or is rescinded
by City COuncUoaUherequestof,the OWNER, CITY shall expunge this CO'!Elnan! from the record title of the
PROPERTY.
In the event of !itigation.to ,enforce the provisions of this Covenant, the prevailing party shall be
entitled tofullreimbursem,eni of all costs,including reas6nable,attorneys' fees, from the other party
Dated:
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Dated:
9-3- 96
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CITY OF POWAY
By:
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LEGAL DESCRIPTION
THE LAND REFER~ED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED .AS FOLLOWS
LOTS 61 AND 102 OF CIT.Y OFPOWAY TRACT 85-04, UNIT 2, IN THE .CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO 1.2572, FILED IN THE OFFICE OF THE COUNTY RECORDE;BOF SAN.
DIEGO (';:OBNTY, FEBRUARY 28, 1'990 ASFI-LE NO 90 ~ 10.7815 OP'ElFFI'CIAL
,RECORDS
EXIHIBIT A
':CA~~IFO'~NiA,AlL.PURPOS' ACKNOWLEDGMENT
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' , -My,Comfn~ExplresMav3UIIII
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Stat\J ot t/llff~Bi/.PJ
County of , 5JJ/l///.zc?1/J
r; -/tJ -ftb before me, .
Date 4 . . ' Name a,nd ~lle of Officer (e.g.,
personally appeared /1P0?///.;T. /?Zz/L/3rJ3
~ Name(s) of Slgner(s)
IX. .A rsonally known to me - OR - 0 proved tome,on the. basis of satisfac.tgry evidence!tobe t,he'P~rson(s)
"'( whosename(s) is/are subscribed to the within instrument
arid acknowledged to me that he/she/they executed the
same in'his/her/their.authorized capacity(ies)',:ahd'that.by
his/her/their signature(s) on the instrument the person(s),
or the efltityupofl"behal.l.ol which the person(s) a<<ted,
executed: the..jnstrument.
On
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OPTIONAL
Though the information below is'no(requlred by law, it may prove:vaJuatjle'to persons relying on the document and could prevent
fraudl;JlentTemovaf and reattachment oj' this :form to another document.
Description of Attached Document
Title or Type ot Document: (jjY6i!,44!/ A?6M..e'~a
Document Date: tJ-/tJ ~~
RE'.IlZ- /~tPa7V
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Number of Pages: ~
Signer(s) Other Than Named'Above:
Capacity(ies) Claimed tiySig-ner(s)
Signer's Name:~YM/:"r m.:t'/../.6e
Signe(s Name:
o Individual
o Corporate Officer
Titte(s):
o Partner - 0 Limited 0 General
o Attorney.in-Fact
o Trustee
o Guardian or Conservator
o Other: Top:of thumb here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other" Top ofthumb'h-ere
RIGHT~THUM8PRINT
OF SIGNER
Signer Is Representing:
Signer is Representing:
@;994'N~jonaINotary Ass~iation/B236 Remmet Ave., P.D. Box 7184. Canoga Park,CA 91309:7184'
Prod. No. 5907
Reorder: Call Toll-Free 1-600:876-6827
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RESOLUTION NO. P-96-58
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 96-10 AND DEVELOPMENT REVIEW 96-08
ASSESSOR'S PARCEL NUMBER 317-270-16, 45
WHEREAS, Condit i onal Use permit 96-10 and. Development Revi ew 96-
08,submitted by Bryan Miller/Quality Reinforcing, Applicant, requests approval
to construct ,a 4,968 square indu~trial building and 'a 25 foot high crane on Lot
61 and Lot 102, of the Pomerado Business Park located at 13275 Gregg Street
.within thl;! South Poway Planned COlMlunity Zone; and
WHEREAs; on September 3, 1996, 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 potential impacts of the project were addressed by the pre,yiously
Certified Final EIR and Final Subsequent EIR for the South Poway Planned
Community.
Section 2: FindinQs:
1. The approved project is consistent with the General Plan in that a
metal fabrication use with an outdoor component is permitted in the
Light Industrial land use designation of South Poway Planned
Community zone with a conditional use permit.
2. That the approved project will not have adverse aesthetic, health,
safety, or architecturally related impacts upon adjoining
properties, in that the lot has been des.ignated for outdoor use or
storage. In addition, the crane is required to be painted and
maintained on a regul<!!: gasis and t~e ,site will be well landscaped
to, minimlze, visual fmpact.
3. That the approved project is in compl iance with the South Poway
Specific Plan Deveropment Standards.
4. That the approved project encourages the orderly and harmonious
appearance of structures and property within the City, in that the
building is low profile and the crane will be set back on the lot.
5. That there are public facilities and utilities available to service
the proj ecL
6.
That there will not be signi ficant
envi!:onmental' qua:l ity and natural resources
been previously graded.
Section 3: Citv Council Decision:
har1]1ful effects upon
in that the property has
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The City Council hereby approves Condit.ional Use Permit. 96-10 and
Developni.ellt ReV:few 96-0Ssuoject to the fo llowi ng conditi ons:
EXHIBIT B
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Resolution No. P-96-58
Page 2
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W-Uhin 30 days of approval (1) the applicant shall submit in writing
that all condit,ions of approval have been read and understood; and
(2) the property owner shall execute a Covenant on Real Property.
2. The use conditionally' granted by this permit shall not be conducted
in such a manner as to interfere with the reasonabl e use and
enjoyment of surrounding res ident i a 1 uses.
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3. This conditional use permit shall be subject to annual revie'fj'by 'th!!
Director of Pl anni ng Servi ces ,for compliance with the condH,i ons of
approval and to address concerns that may have occurred during the
past year. If the permit is not in compl iance with the conditIons
of approval,. or the Planning Services Department has received
cQmp hi nts, the reQuired annual review sha 11 be set for a public
hearing before the City Council , to consider modification or
revocati.on of the use permit.
COMPLIANCE WITH THE FOLLOWING CONDITIONS,]S REQUIRED. COMPLIANCE SHALL BE
ApPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. The site shall be developed in accordance with the approved site plans on
fil e in the Pl anning Services Department and the conditions contained
herein.
2 . Approval of thi srequest shall not waive compl i ance with all sect ions of
the Zoning' Ordinance and all other appl icable City Ordinances in effect at
the time of building permit issuance.
3. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechani ca 1 Code, Uniform Pl umbi ng Code, Nati onal El ectri c Code,
Uniform Fire CC\de, ,ang all oth,!!r applicabl e cO,des and, ord.i nances in effect
at the t,i me' of bulldi ng permiti ssuance.
4. The trash receptacle shall be enclosed by a six foot high masonry wall
with view-obstructing gates pursuant to City standards. Location shall be
subject to approval by the Planning Services Department.
S . All roof appurtenances , including ,air conditioners, shall be
arch; tectura lly integrated, screened from 'vi ew and sound buffer:ed from
adjacent properties and streets as requi red by the Planni ng Servi ces
Department.
6. The crane shall be painted to match the color of the water tank on the
adjacent lot to the east. The crane shall be ma i nta i ned and pai nted on a
re'gill ar bas is.
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The crane .operation and storage area shall be completely screened. All
screen.ing walls and fences shall have a, minimum height of 8 feet.
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~ha,1n, link fencjng used to enclose the lots shalllle dilrkcol oied vil1yl-
coated.
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9. PrIor to any use of the project site or bus iness activity bei ng commenced
r-' thereon, all conditions of approval contained herein shall be completed to
, the satisfaction of the Director of Planning Services.
I 10. 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.
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P-96-58
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PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall include a minimum of one 15 gallon size
tr,ee for every three spaces. For parking lO,t isl ands, a mi n.iinum 12 inch
wide walk adjacent to parking stalls ,shall be provided and be ~epal'cated
from vetiiclil ar areas by a six inch 'high, six inch 'wiae portl and concrete
cement curb.
2. Pa:r~ii1g lot lights shall be shielded lOli/pressure sodium d.irected downward
and have a maximum height of 25 feet above paved surfaces.
3. All two-way traffic aisles shall be a minimum of 25 feetw.ide. A min,imum
of 24 feet wide emergency access shall b~ provided, maintained from and
cl ear at a 11 times duri ng'construct i on in accordance with SafetyServi ces
Department requirements.
4. All on-s i te areas where vehi cl es will be parked, dri ven or maneuvered
shall be ultimately be paved with concrete. Initially, the
employee/vi s i tor parki ng lot, the dri veway, .and the apron around the
northerly end of the crane, and the connecting area as shown on the
approved site plan on file in the Planning Services Department shall be
paved with concr~te. The areas shown as future flatbed trailer parking
area and the portion of the lot whi ch will be used as a truck turn around
area shall be paved with concrete treated base (dust-controlled) during
the first year of operation. After the one year has elapsed, this area
sha 11 be re-paved with concrete.
LANDSCAPING
1. A detalled landscape and irrigation plan shall be submitted to and
approved by th'e Planning Services Department prior to the issuance of
building permits. The pl~ns shall specifically address the installation
of dense, fast growing, evergreen shrubs, trees and/or vines along the
vinyl clad chain link fence on the side and rear (easterly, southerly and
westerly) property lines, so that the crane area is effectively screened
from adjacent properties.
2. Street trees; a minimum of 15 gallon size. or larger, shall be installed on
an average of every 20 feet on center , in accordance. with the City of
Poway ordinance and the South Poway Specific Plan Development Standards.
3. The entire area between street curb and the setback line sha libe
landscaped except for vehicular access and pedestrian and bicycle routes.
4. Street_scape setb.ack areas shall provide one 24" box tJ:ee per ~O lineal
Jeet of street frontage (excluding drixelilays) hi additIon ,to the street
tree requ.irements as stated.
CO"elIN~CE. WIIHTHE FOllOWING CONDITION is REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE ENGINEERING SERVICES DEPARTMENT.
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Resolution No. P-96-58
Page 4
1. A grading pl<!11 for the development .of the property shall be submitted to
the City's El1gineeringServJces Department for review and approval prior
to issuance ofa grading permit and start of grading operation. Rough
grading of the site must b,~ 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" a 20' or larger.
2. A right-of'-way permit shall be obtained from the City's Engineering
Services Department for al1Y work to be done within the public street
ri ght-of-way or any City"hel d easement. Sa.id work shall i ncl ude,. but is
not ,1 imited to, construction 'of driveway appr.oach, sewer lateral
installati'on, water service line installation, and street construction.
3. The fonowing development fees shall be paid to the Engineering Services.
peliartment prfor to build,il1g permit issuance. These fees are currently in
effect and al'e ,subJect to change.
Sewer Connection
Sewer Cleanout
Sewer Inspectiol1
Water Meter - 1"
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$ 50
25
**Paid
DOMESTIC**
I RR I GA TI ON***
$150.00***
N.A.
N.A.
$750.00***
Water Meter (1" size)
Water Lateral
County Water Authority
Water Base Capacity
Paid
N.A.
Paid**
Paid**
* 6.6 EDU's were alloc.ated for these two lots. If additional sewer capacity
is needed the remainder of the EDU's shall be purchased at the prevailing
City of Poway rate.
** Use oJ a meter largE!r t~an J" will .requfreadditional fees for meter,
County Water Au.thori ty, and water base capac itj.
*** Use of a meter larger than 1" will require additional fees for meter
and water base capacity. Developer shall connect to reclaimed water line.
4. The following fees shall be paid to the Engineering Services Department
prior to issuance of a Certificate of Occupancy.
Based on the proposed usage and square
footage no additional fees are required.
5. A water service analysis for fire protection may be required. The fee for
this analysis ;s estimated to be $1,250.00
Traffic Mitigation
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COMPLIANCE WITH THE FOLLOWING CONDITIQNS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE. DIRECTOR OF SAFETY ,SERVICES.
1. Roof covering shall be fireretal'dant as perUBC S.ectfon 3203(e) ana City
oT P6wayOrdfnance No. 64,.
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Reso1ut i on No. P-96-58
Page 5
The building shalT display the numeric address in a manner visible from
the access street. MinimulII s,ize 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 sati,sfactory to the Director of
Safety Services, and .meet i ng Sheri ff's Department ASTREA criteria.
2. Every bui.ldjng hereafter constructed shall be accessible to Fire
Department apparatus by, way of access roadwayswith all "'weather driving
,surface of not less than 20 feet of unobstructed wi dth ,with adeq~ate
roadway turning radius, capable of supporting the imposed loads of fire
,appa'i7atus ,hav,ing. a minimu,m ()f q'6" of vertica,l clearance. The ,road
surface-type shall be approved by the City Engineer, pursuant to the City
of Powaj Municipal Code.
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3. A 'I(nox' Security Key Box shall be re-qu,ired for thebuiJding at a location
determined by the City Fire Marshall. A 'Kriox~ padlock shall be required
for the fire sprinkler: system Post Indicator Valve.
4. Permanent access roadways for fire appal:atus shall be designated as 'Fire
Lanes; with appropriate signs and curb markings.
5. Minimum 4A:60BC 'fire extinguisher is required for every 3,000 square feet
and 75 feet of travel distance.A2AI0BC fire extinguisher(s) are
required. for office areas every 3,000 square feet and 75' of travel
distance.
6. Fi re Department access for use of fi re fight i ng equi pment shall be
provided to the ,inunediate job construction site at the start of
construction and maintained at all times until construction is completed.
7. The applicant shall provide a detailed plan for all storage areas and a
compl ete racki ng plan.
8. Material" Sat;ety Data, S"hects stlall ,be requi;re_d for .allhazardous and/or
toxic sUDsta"ncE!s used in each building.
9. An Emergency Contingency PTa:n and Hazardous Materials Disclosure shall be
fil ed wi th the County of San Diego Department of Health and copi es
provided to the Fire Department.
10 N. F. P .A'. Standard 704.. Hazardous .Materia 1s Label i ng shall be provided as
necessary throughout the' building.
11. Prior to ,i;lelivery 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 as ph a It pav.i ng shall be in pl ace to provide a~equate, permanent
access for -emergency vehicles. -The finalHft of asphalt shall not bee
installed until all of the construction activity has been substantially
compl eted to the sat i sfacli gn of the City,
12. ~~oirimerc,i\il .,fj re spr.i rikl er system, shall be required in. both the new and
exi st fng pOrti on- of -the ,bUildi rig when a future addU i on occurs.
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Resolution No. P-96-58
Page 6
13. The addition of on-site fir hydrants is required. The location of the
hydrants shall be determined by the City Fire Marshal.
14. All driveways in excess of 150 feet in length shall be provided with
approved turnarounds. '
15. Should the overhead craned be covered in the future, this area would be
required to be served with a fire sprinkler system, and an additional fire
hydrant may be required.
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16. Provide minimum 20' fire access around crane structure (west and north
side).
17. Expansion of existing structure beyond 5,000 square feet in the future
will require the retrofit of a fire sprinkler system.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 3rd day of September, 1996
ATTEST:
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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I hereby certify, under the penalty
of perjury, that the .above and
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foregoing is ~~?rue _ and ,_ C9J~
copy of Resoluhon/N~ '71>--<:
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as adopted by the City Council of
Powey, Calif~nia'o~' the' 3~
day of Ay~9/9t<'-.
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MARJORIE K, WAHlSr,r, CITYCLfRIC
b;m<UtL ~~.~
Yno-",,~ .~ 7U11/JJ>--L
Marjorie\K. Wahlsten, City Clerk
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I, Marjori e K. Wahl sten, CHy Cl erk of the City of Poway, do hereby
cert ify, under the penalty of perjury, that the foregoi ng Resol uti on, No.
P-96-58 , was duly adopted by the City Council at a meeting of said City Council
held on the 3rd day of September , 1996, and that it was so adopted
by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
-ABSTAIN:
NONE-
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ABSENT: NONE
E:\CITY\PlANNI>>G\REPORT\CUP9610.RES
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Marjo~ie\K. Wa ls~en, City Clerk
City of Poway
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