Covenant Regarding Real Property 1996-0407176
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RECORDING REQUEST BY:
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CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX.?89
POWAYCA 92074-0789
No Transfer Tax Due
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DOC ff 1996-0407176
12-AUG-1996 02=33 PM
OFFICIAL RECORDS
SAH OIEGO COUHTY RECOROER~S OFFICE
GREGORY SMITH, COUNTY RECORDER
Rf: 14.00 FEES:
AF: 19.00
MF: 1. 00
363
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(This space for Recorder's Use)
COVENANT F!EGARDING REAL PROPERTY
~CIRS='!EN. lLC;-'(.'O'.}jNERi'i hereinafter) '!s.the o\tvner"of' re_al: property described~jn'""ExhibiCA~wiiich-
is attached hereto and made a part hereof and which is commonly k,n()w~;as'Assessor:s ParceLNutnber 317-
27042 C-PR0PERTY" hereinafter), In, cOnsideration of the,appr9val of Developmeni Review 96-04 by the,City
of Poway (~CITY"hereiilatter). OWNER hereby agrees to abide by conditions of the attached resolution
(Exhibtt B),
This Covenant shall run with,ihe land and be binding upon and inure to the benefit of the' future
owners,eilcumbrancers; successors, heirs; personal representaiives, transfereesahd assigns of the
respective parties,
In the event that Development 'Review 96C()4 expires or is rescinded by City Council at the request
of the OWNER, CITY shall expunge this Covenant from the rec'ord,titie of the PROPERTY
In the event of litigation to enforce'the provisions of'this Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, including reasonable attorneys' fees, Jron;'}he oHler party
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Dated: ()f(J(f7 (,
Dated:
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9-lERRV FOREMAN sttu.11-IBS,
CommIsSion 1,\095822,
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By:
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-C~i.~i~R~IA ALL'P~RPol ACKNOWLEDGMENT ·
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State of ~~
County of ~ If201)O
On 0 -:tot tV -
Date ~
364
personally' appeared
Name(s)ofSigner(s)
D personally known to me - OR -;:Lproved,to meon,the basis otsatisfactory evidence to be theperson(s)
whose name(s).is/are subscribed to the within instrument
and acknowledged to me that ,he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
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i:A'~roREMAN.o=.~.~ I.
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WITNESS my hand and official seal.
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OPTIONAL
Though the information below is not requiredbylaw,~jt may prove valuable to persons refying on the document and could prevent
fraudulent remova"~nd 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 Signei'(s)
Signer's Name:
Signer's Name:
Dlndividual
D Corporate Officer
Title(s):
D Partner - 0 Limited D General
D Attorney-incFaci
D Trustee
D Guardian or Conservator
ci' :Ot"her. -- < - . Top of thumb here
RIGHT lHUMBPRINT,
OF SIGNER -
D Individual
D Corporate Offic'er
Titte(s):
o Partner -0 Limited D General
o Attorney'in,Fact
o Trustee
o Guardian or Conservator,
o Other' Top' of thumb here
RIGHT"THUMBPRINT,
OF SIGNER
Signer Is Representing:
Signer Is Representing:
@ 1994 Nati~l1a! Notary ~~ociatbn' 8236 Remme-i Ave., P.O. Box 7164 . Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1.800-876.6827
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LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRI~ED AS FOLLOWS:
LOTS 87 OF CITY OF POWAY TRACT 85-04, UNIT 2, IN THE CITY OF POWAY,
'. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
- 12572, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 28, 1990 ,PiS 'FILE NO. 90-107515 OF OFFICIAL RECORDS. .
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EXHIBIT A
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RESOLUTION. NO. P- 96-39
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 96-04
ASSESSOR'S PARCEL NUMBER 317-270-42
366
WHEREAS, Development Review 96-04 was submitted by Acerbis Plastica USA,
applicant, for approval of the construction of a 37,440 square foot building for
sales, distribution control and shipping located on Lot 87, a 2.9 acre site,
north side of Gregg St., east of Community Road within the Light Industrial land
use designation of the South Poway Business Park.
WHEREAS, on May 21, 1996 the City Council read and considered said report
and has considered other evidence presented at the hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinqs:
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: Findinqs:
1. The approved project is consistent with the South Poway Specific
Plan and the general plan in that warehouse storage/distribution is
a permitted land use within the Light Industrial land use
designation.
2. That the appr.oved project wi 11 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.
3. That the approved project encourages the_ orderly and harmonious
appearance of structures and property within the City in that the
architecture incorporates features provided for in the South Poway
Development Standards.
Section 3: Citv Council Decision:
The CityC6unciT herebY approves Development Review 96-04 subject to the
following conditions:
Wi thi n 30 days of approval (1) the app 1 i ~ant shall submi tin writ i ng that
all conditions of approval have been re-ad and understood,; and (2) the
property owner shall e~ecute ~ Covenant on Real Property.
EXHIBIT B
367
Resolution No. P-96-39
Page 2
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE SHAll BE
APPROVED' BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
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1. Si te shall be developed in accordance wi th the approved site plans on fil e
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 pemits. Muted colors shall be used consistent with
the architectural standards of the South Poway Specific Plan.
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. The trash receptacle and recycling bins shall be stored in the loading
dock area and screened from Gregg Street by a concrete wall (painted to
match the building) of six foot minimum height.
5. 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 Services
Department and the revised equipment screening provisions of the South
Poway Development Standards.
6. 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 c'odes and ordinances in effect
at the time of building permit issuance.
7. For a new commercial or industrial development, or addition to an existing
development, the applicant shall pay development fees at the established
rate. Such fees may include, but not be 1 imited to: Permit and Plan
Checking Fees, School Fees, Water and Sewer Service Fees.
8. All proposed utilities within the project shall be installed underground.
9. Bay doors facing Gregg Street shall be adequately screened by earth berms
and 1and~.capi ng. If the 1 andscap.i ng does not suffi ci ently screen the bay
doors within one year of installation, a concrete screening wall (painted
to match the building) of at least six feet and up to eight feet in height
will be installed to provide adequate screening.
10. This development review approval includes the future 9,360 square foot
mezzanine. The interior expansion shall be subject to the payment of any
addit i ona 1 fees that are based on the square footage of the over'a 11
building.
11. 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.
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Resoluti on No. P- 96-39
Page 3
PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall include a minimum of one 15 gallon size
tree for every three spaces or trees shall be aggregated in additional
planter islands within the parking lot. 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. Parking lot lights shall be shielded low pressure sodium direct.ed
downward, and have zero cutoff. Parking lot illumination shall achieve a
uniformity ratio of 3 to 1 (average to minimum) and a maintained average
of one foot candle and a minimum of 0.3 foot candle.
3. Parking lot fixtures shall be pole mounted, 25 feet maximum height, above
finished grade of the parking surface.
4. All parking spaces shall be double striped.
5. The parking layout shall comply with the Americans. with Disabilities Act
(ADA), i.e. 1 :25 ratio for accessible spaces with at least one van
accessible space designated.
6. All two-way traffic aisles shall be a minimum of 24 feet wide. A minimum
of 24 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
LANDSCAPE IMPROVEMENTS
1. Complete 1 andscape construction documents shall be submitted to and
approved by the Planning Services Department prior to the issuance of
building permits. Plans shall be prepared 1n accordance with City of
Poway Guide to Landscape Requirements (latest edition).
2. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape Requirements and
sha 11 be planted at an average of 30 feet on center spaci ng along all
streets. Planting for vehicle 'and headlight screening shall be at least
42 inches in height within one year for the north and southwest portions
of the parking areas.
3. Landscaped areas within the adjacent public right-of-way, as well as
private street easements , shall be permanently and fully ma i lita i nedby the
owner.
4. All landscaped areas shall be maintained in a healthy and thriv,ing
cond i t i on, free fr(J1)1 weeds, trash, and debri s. The trees shall be
enco.uraged and allowed to retain a natural form. Pruni ng shoul d be
restri cted to ma i ntai n. the health of the trees and to protect the publ i c
safety. Unnatural or excessive p.runing, including topping, is not
permitted.
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Resolution No. P-96-39
Page 4
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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 Engi neeri ng Servi ces Department for revi ew and approval pri or to
is~uanceof a grading permit and start of gra'lling 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" equals 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 i<: street right-of-way or
any City-held easement. Said work shall include, but is not limited to,
construction of driveway approach, sewer lateral installation, water service
line installation, and street construction.
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 = $0*
Sewer Cleanout = $50.00
Sewer Inspection = $25.00
Water Meter (1" size) = Paid **
County Water Authority = **
Water Base Capacity = **
This figure is based on the Development Agreement, being amended.
Use of a meter 1 arger than 1" wi 11 requi re additi ona 1 fees for meter,
County Water Authority, and water base capacity.
4. The following fees shall be paid or a security bond posted prior to issuance
of a buildi,ng permit. Ifa security bond is posted, payment of the fee~
shall be made pri ori'ssuance of a Cert i fi cate of Occupari'cy. Once payment
is received in full sa idsecuri ty bond coul d be released to the app 1 i cant.
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Traffi c Mi t i gat ion = Based on the proposed usage and square footage no
additional fees are required.
5. ADDITIONAL COMMENTS:
A .water service analysis for fire protection may be required. The fee for
thi~ ~nalysis should not exceed $2,800.00.
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Resolution No. P-96-39
Page 5
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
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1. Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
2. The buildings shall display their numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be 18 inches
on the front facade of the building. Building address shall also be
displayed on the roof in a I!lanner satisfactory to the Director of Safety
Services, and meeting Sheriff's Dept. - ASTREA criteria.
3. 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 ,ul1obstfucted width, .withadequate 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.
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. Storage of
Class A plastics up to 15' shall be protected by a design density of at
least .60/4000 square feet if no in-rack sprinklers are to be provided. 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.
5. An automatic fi re a) arm system shall be i n,sta lled to approved sti!ndards by
a properly 1 icensed contractor. System shall be complet.ely monitored by a
U. L. 1 i sted central stat.i on alarm company or propri etary remote station.
6. 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 system Post Indicator Valve.
7. 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.
8. Permanent acr'ess roadways for fire apparatus shall be designated as 'Fire
lanes' with appropriate signs and curb markings.
9. Minimunj 4A:60BC fireextJnguisher is required for every 3,000 square feet
and 75 feet of travel distance. A 2AI0BC fire extinguisher(s) are required
for office areas every 3,000 square feet and 75' of travel distance.
10. If an elevator is installed, it shall be sized to accommodate a normal
~ospital gur,riey, Minimum dimensions. for the. inside car platform shall be
6'8" wide by 4'3" deep.
11. Theappl iCant .shall provide a detailed plan for all storage areas and a
complete racking plan.
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Resolution No. P-~6-39
Page 6
371
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12. The addition of on-site fire hydrants is required. The location of the
hydrants shall be determined .by the City Fire Marshal.
13. Material Safety Data Sheets shall be required for all hazardous and/or toxic
substances used in each building.
14. 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.
15. Prior to delivery of combustible building material on site, water and sewer
systems shall satisfactorily pass all required tests and be connected to the
publ ic wjlter and sewer systems. _ In-addit.i on, the fi rst 1 i ft of as ph a lt
paving shall be in place to provide adequate, permanent access for emergency
vehicles. The final lift. of asphalt shall not be installed unti.l all other
construction activity has been substantially completed to the satisfaction
of the City.
16. All driveways in excess of 150 feet in length shall be provided with
approved turnaround
17. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
18. The buildings shall be provided with approved automatic smoke and heat
vents.
19. A water systems analysis will be performed to establish available fire flow.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PUBLIC SERVICES.
1. Existing landscape irrigation shall be kept isolated from any new
improvements that may be ad~ed. Improvements adjacent to Gregg Street shall
become the respons i bil i ty of the property owner. Irrigat i on to these
improvements shall be provided by the property owner.
2. Existing landscape improvements on slopes adjacent to Scripps Poway Parkway
shall be protected from all construction operations. In the event existing
improvements are damaged during construction, the developer shall
immediately notify the Special Districts Office of the Public Services
Department and shall be responsible for the immediate repair or replacement
of said damages within five (5) working days.
3. The property owner sha 11 be responsible for payment of all Lands.cape
Ma i ntenance Di stri ct and Light i ng Distri ct assessments coll ected by the
,Distri~t on, the,yearly prope~ty taxes.
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Resolution No. P-96-39
Page 7
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 21st day of May, 1996.
ATTEST:
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a sten, City
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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copy 0/ ReJ~luti~n"!'lof:' ~;3.7
os adoPted:!~y the'Cily/cJu~H ot
Poway, Calif~m~a on the :<<:t~k
day of 07;t;- ,19.tL
MARJORIE K. W LSTfN, t1ry C~RK
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I, Marjorie K. Wahlsten, City Clerk of the City of ,Poway, do hereby certify,
under the penalty of perjury, that the foregoi ng Resol ut ion, No. P-,96-39 ,was
duly adopted by the City Council at a meeting of said City Council held on the
21st day of May , 1996, and that it was so adopted by the
fo 11 owi ng vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
E:\CITY\PLANNING\REPORT\DR9604.RES
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folarJClne. _' Wahlsten, City Clerk
City o\joway