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Covenant Regarding Real Property 1990-0659123 . ' .. r.": ~, .0" . ( 733. DOC" 1990-0659123 11-0EC-1990 08:37 AM SAN DIEGO COUNTY RECORDER'S OFFICE VERAL. LYLE, COUNTY RECOROER RF: 16.00 FEES: AF: 14.00 MF: 1. 00 31. 00 : ..' r,;;; '.'- .... -' " . RECORDING REQUEST BY.: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA92064 ) ) ) ) ) ) ) ) ) ) ) ) (This fa sp'ace for IY P Recorder's' Use) CITY OF POWAY WHEN RECORDED .MAIL TO: No Transfer Tax Due COVENANT REGARDING REAL PROPERTY parkway Business Centre Partners, Ltd., a California Limited partnership ("OWNEE<" herei,nafter) is the owner of real property described in Exhibit A which is attached hereto and ma.de a part hereof and which is corni11cihly known as Assessor" s parcel, Number 317- 280-18 ("PROPERTY" heroeinafter). In consideration of the approval of 'variance 90":13 and Development Review 90-09 'by the City of poway ("CITY" hereiIlafter) ,OWNER h~reby covenaIlts and agrees for the benefit of the CITY, to abide by conditions of the attached resolution (.Exhibi t 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 i transferees and assigns of the respective parties. In the event that V.a,riance 90-13 and Development Review 90~09 expire or are rescinded by City Council at the request of the OWNER, CITY shall expunge t):l.is Covenant from the record title of the PROPERTY, If either party is required. to incur' costs to enforce the proyisions of this Covenant, the prevailing party .shall be entitled t.o fuLl reimbursement .of' all costs, including reasonable attorneys' fees ,(rom the_ other party. The CITY may assign to persons impacted 'by the. performance of this Covenant the right to enforce this Covenant against OWNER. Iz( ~/96 t~;Qjf /J2rzu&e Dated: OWNER (Notarize) Dated: -7(~b'.J a27j 1990 CITY OF POWAY By 7ilL 7~; H -" ~ (No needt~otariZe) 7:34 , ,'~; ~>@i II-COR fITL~;tJSURANt E . :~i_~'~;;~", ~: " -J.: _ " "-;,;;., ' - _' .' '.': .' .',/ '" \ i T.HE LAND REFERRED' ro, HEREIN Is ;S"ITUA-TED IN THE STATE OF CALIFORNIA COWN:n"OF''''s'',M .DlEGO, AND:[ SDESC'R1IS'ED, 'A,S fClLLO\\fS: ,; , uors ,1; tHfWIJG8 8 f-NcLUSIVE,.1iS THROUGH 21 l'NCLUSIVE, AND LOT5S, OFCJ TY' OF POWM TRACT No,s7" 13 , UNIT 1, IN THE CITY OF "POWAY, ,.....-. <.0.,,."",.. " , ,." ,.---'">., "-,,, . - '[iN THE (WUNTY OF SAN D;I[GO, STATE OF CALI FORN lA" ACCORD ING TO MAP THER'Edlr,NO ,12556. FILED IN THE OFF I CEOF THE: cO'lH~T Y REco'RDEROF' SAN DIEGO cquNfY, j:{SRUARY;S, 1'990. ! ~ i' I I .' 1 1 !' I . L 11;85124 PAGE' 6 I I I I I I .. CO~ty'of *,~:,.t;:s"the~ )',SS. ) 735 ,* ,.' ,~* 'Ii * * ie, '* * . '"*. * *. ''!r * .. *, .. * * .* ~ ... daY, Of 19 --,' befbre.me, * . 1 ,. - ,'11,* ltt.',.. :.,*.... 'K, >t,'/r !f' 'It' w 11- *"/ ',',,_:'State, 6f ,,*-. *' .. , - .' F '* .~ .' o personallyknciWn to me .. .. o pr9ved to me .on the basts ()f satisfactoryevldence .c : :to .!:lethe person(s). whose'name(s) . - sUbscribed,". to. the witniri inStr1.i'rnei1t, and ackhOwl~i!9 ttJat . .h · :eXecuted it. *. .WI'INES5 my hand and officiat seal. . * .. · 1i. 1i NOtary's Signature. · *:". ** * .. * * * .. * * * * '!t ". 'A: · * .. '* * * * ** * .. *" *:,* '* .. ,'It * * * * .*.". ~ .' .~. * .. 'tr. .. '" the undersigned 'N<ita.ry PlIblic, persbhally appeared. .' . . -. . . . . . 'PAR'rnERSHIP' ~ * * -... * .. ..:.. '. * * * * * * '* 5ta:teof @.o.l,'fi7rf1)c\ . . · County of 5-) V\ lYrJ''J<') . . * * . .; . * 1i .; .. * .. * .". ... -. * * .. .. * * :*: * * * ..:':* .'. * * *: ~ .. * * * * .* * * .** * '. * .,.. * .. * .. '. .' '. '. * .'..., J .On this the 5tf-c d.3.yof 1)f;(',t?-t1-l. bt' --r .19. C/O" bef~r~ me".:;' )55. __,)' ",,' i). 'Avil'1l ~~t{jS . ,* . the Uridersignerl No. :., Publi,c, personallyappear:ed '. . - .. ;~ *,~ . '" . .' '* * *. .. p; /~ bf.17M)11. 'jj:C a.personallY known to ,.me , o ;proyed tome on the basis of satisfactoryevi'dence to' be .the person (5) who. executed the withiri.instrument on behaifofthe pai:trier~hip, and acknowleggecr to.rnethat. .the ffutnership execut,e!d'it" . WITNESS rrr'j hand and officiai,seal. . .2k~ -p~ Notary's Signature " **:'.~*~.****'*****'*'.~.'****'.,*-**,*:*~*,~,- .' *,' ,* 'OJRPORATE ~ * -,.' ** '* '.- .. ;.' '.' * -.,1r, *. Ii * * * '. .,.. . *,,* * . '* . ,. . . ...* *. * * * . .. .. .. .. 5tateof . County' of, day of . '. '. ~; .>:*: * *,\ ._.'..'I!. ~ .19_, before~, .. *." '... Orithis ) 55. ') the the undersignerl Notary Public;personauy apPeared. .i ,- . " .. .. ... .. . . .. . ... .., *:: ~ ..' ." .... n proved to me on the ,basis of satisfactory. ev~de.nceto ;,. 'tie' the personfs) who executed the within ~nstrument as * . or. on behalf of the corpo~ation .. and'ackno....lerlged to me that 'the corporation .. .. ... Ii .., .. ,Nbtaxy's"Signature*' .. .. '. '. · * *. * .. .'... * 11' '* it"~ ~,; '''!' * '. .'11: * . * .' .' ,'. '* '* r., '~,'* . *, ~,~* .. '* .' '* .. '.' it, '. '. it (6,1:84) o personally known to me '. ,::":: therein narred, exeCuted .it. :WI'INES5; my hand andoffiCialseaI. .. , I . 736 . RESOLUTION NO. P~90-93 :ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA AP?ROV~~G VARIANCE 90-13 AND DEVELOPMENT REVIEW 90-09 ASSESSOR'S PARCEL NUMBER 317-280-18 WHEREAS, Var,iance 90-13 and Development Review 90-09, submitted l:>Y D,aley Industrial ventures, Inc., applicant, requests approval of a 74,591 square foot industrial buildcing and a 14 foot high retaining wall, where six feet is the maximum height permitted, on Lot 6 in the Parkway Business Centre in the PC (planned Community zone; and WHEREAS, on November 27, 1990, 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 City Council finds that the potential environmental impacts of this project were adequately di:;cussed in the ErR and Subsequent EIR for the South poway Planned Community. Section 2: Findinqs~ Development Review 90-09 1 . The proposed ptoj ect will be consistent with the existing general plan and there is a reasonable probability that the project will be consistent w.ith the proposed general plan; and, that the proposed development is in conformance with the South pow.ay planned Community Development Plan, in that the proposed light industrial building conforms to the land use plan and development standards. ,for the planned community. 2. That the proposed development will not have an adverse ~esthetic, health, safety, or architecturally related impact upon adj oining properties, in that the proposed building is similar to and will complement existing buildings in the vicinity. 3 . cfn compliance with the conforms to the SPPC That the proposed development is Zoning Ordinance because it Development Standards text,. 4. That the proposed development encourages the orderly and harmonious appearance of structures and property within the City through their consistency with the SPPC plan . 73,7 . Resolution No. p-90-93 Page, 2 which provi"des high standards of development, for a planned community. Variance 90-13, '1. That there are special circumstances applicable to the property, (,stze, shape, topography, locat,ion, or surrouridingsJ or ,the intended use. of the property, and because of this i the strict application of :the zoning Development Ordinance deprives the, property of' pri vileges enjoyed DY other properties in the vicinity under identical zoning classification. The iElpecial c.i;n::urnstances include the existing slope east' and south of, ,thE! proposed wall. 'TheL-shaped re;taining wall is nec.essary' in order to set the, building into ;the slope. Other buildings in the industrial park have minimized their setbacks by combining bU-ilding wall and re:ta,i!'ling wal:L aD-d the strict limit on retaining wall height would deprive this developer of that privilege. 2. That, granting the variance or its modification is necessary for' the preservation and enjoyment of a substantial prooperty right possessed by other property in the sal11e vicinity and zone and denied "to the proper"ty for whic;hthe variance ,is sought. In 'that a zero foot interior 'side ya'rd setback is permitted by the development standards and the subj ect retaining wall permits this development to minimize the side yard se.tbacks in a manner similar to other 'structures in the business park. 3. That graritTng the variance or its modification will not be materially detrimental to the pUDilic health, safety, or welfare" orinj,urious to the property or improvements in such vic.inity and zone in ~l1ich the property i's located because the wall will, be screened on three sides <:'lnd ,w.ill be lo'cated;>ofar from the parking and building ent:t,ance that it will not be very noticeable. 4. 'The grantirig' of' this variance does not constitute a special privilege inconsistent with the limitations upon oth"er pr.9perties in the vIcinity and zone in which, such ,propeJ:"ty is s.,ituated, because there is a unique cOrnbfna:tio!'l of circumstances eJIl this, site ,including the ex,is'ting ,slopes and building location which justify the variance request. s. The gpanting o( this variance does not allow a use or activity which ,is not otherwise expressly authorized by . 738 . Resolution No. p- 90-93 Page 3 the z01l'ingdevelopment regulation governing the parcel of pr.operty in that retaining walls are permitted by the S.outh poway Development Standards. 6. That granting the variance or its, modification will not be incompatible yJith the poway General Plan, because the variance will be instrumental in permitting this property to be developed w,i th the type of bull sling and use that the General Plan has designated as appropriate for this site. Section 3: City Council Decision: The City Council'hereby approves Variance 90-13 and Development Review 90-09 subject to the following conditions: Wi thin 30 days of approval: (1) The applicant shall submit in writing that all conditions of approval have been read and understood; and' (2) the property owher shall execute a Covenant on Real Property. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: SITE DEVELOPMENT 1. All work other than loading and unloading must be done within the walls of the buildings. 2. parking spaces which are perpendicular to 'adj oining park,ing spaces or to buildj,ng walls shall have wheel stops installed to prevent any overhang. Details for the wheelstops shall be shown on the building plans. 3. Any gates within parking areas shall be designed to roll back so as not to interfere with required parking spaces and driveway aisles. 4. The planter island at the southern entrance to fj1.is site shall be enlarged as illustrated on Attachment 6 of the staff report dated November 27, 1990. 5. An acceptable design for the six foot concrete tilt-up screehing wall shall be submitted to the Director of Planning Services within 45 days of issuance of building permits. The wall shall incorporate at least two of the following techniques to add architectural interest': Pilasters" inset sections, textured surface, or vines. Al ternati ve techniques maybe considered if they achieve the .same purpose. . 739 . Resolution No ._ P-90-93 Page 4 6\. TI).E'! :j:oad.tng door on the north side of the building shall be eliminated. 7, An all-weather walkway shall be proviqed from the door at' the southeast corner of the building to the parking area. 8 . Building colors are to be approved bY,the Planning Department prior to issuance of building permits. white color proposed for the building wall shall be by a more muted toile to minimize glare, Serv.ices The flat replaced '9. Design, construction, and location of the trash enclosures shall satisfy the, requirements of the, Planning Serv.ices Department . Trash enclosure walls may be tilt-up panels to match the building or split face block. 10. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. ' 11. Revised site plans' and building elevations incorporating all cohdHions of approval shall be submitted to the Planning Services Departl11entprior to issuance of building permits. 12. Approval of this reque,st shall not waf ve compliance with: all sections of the Zoning Development ,Code and all other applicable City Ordinance in effect at the time of building permit issuance. 13. All roof appurtelJanc:es" including air conditioners, shall be arc:hitec:turally "integrated, shielded from view ,and sound buffered from adj:acent properties and streets as required by the Planning Servic~s Department. The b~ilding parapet walls shall be of sufficient height to screen a standard air conditioning unit;.' ,H. Prior, to any use of the project site or business actiyity being commenced thereof, all conditions of approval contained herein, shall be' completed to thesatisfacti6n of the Director of Plahning Services. 15. The applicant shall comply with the latest adopted Uniform Buci1:dingCode, 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. 16. 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 limited to: Permit and plan Checking Fees, Water and Sewer . 740 . Resolution No .P-90- 93 Page 5 Service Fees, These fees shall be; paid prior to building permit issuance. 17. 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. PARKING AND VEHICULAR ACCESS 1. All parking lot landscaping shall consist of a mlnlmum of one 15 gallon size tree for every three parking spaces. For parking lot islands, a minimum 12-inch wide walk, adjacent to parking stalls shall be provided and be separated from vehi:cular areas by a six-inch high, six-inch wide portland concrete cement curbi:ng. , 2. Parking lot lights shall .be low pressure sodium and have a maximum height of 25fe"et from finished ,grade, and be directed away from all property lines, adjacent streets and buildings on adjacent lots. 3. All two-way traffic aisles shall be a minimum of 25 feet wide and emergency access shall be provided., maintained free ar;td" clear, a minimum of 24 feet wide at all times during construction in accordance with Safety Services Department requirements. 4. All parking spaces shall be double striped. LANDSCAPING 1. A detailed landscape and irrigation plan shall be su~mitted to and approved by the Public Services Department and Planning Services Department pr.ior to the issuance o"f building permits. Planting for the street frontage shall include a double row of quick growing evergreen tree species (15 gallon minimum) and large shrubs spaced closely enough to obscure views of the loading doors when landscaping is mature. 2. All landscaped areas shall be mainta.ined in a heal thy and thriving condition, free from weeds, trash, and debris. SIGNS Any signs proposed for this development spall be designed and approved in conformance with the Sign Ordinance and the South poway Development Standards. APPLICANT SHALL CONTAcr THE DEPARTMENT, OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: o . 741 . Resolution No. P-90-93 Page 6 GRADING 1. Grading of the s~9ject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved :grading plan and geotechnical report, and accepted grading practices. 2. A soils report shall be prepared by a qualified. engineer licensed by the state of California to perform such work at first submittal of grading plan. 3. The final grading plan shall be subject to review and approval by the Planning and'Ehgineering Services Departments .and shall be completed prior to recordation of the final subdivision map or issuance of building permit, whichever comes first. 4. Building and parking lots shall be at least five feet from tops and toes of slopes. 5. A letter from the project civil engineer certifying the site grading shall be submitted prior to issuance of building permits. 6 . Prior to issuance of a grading permit, rough certified by the project Civil Engineer approved by the project Soils Engineer. grading shall be and compaction 7 . All new slopes shall be a minimum of 2: 1 vertical) . (horizontal to 8. A final compaction report shall be submitted and approved prior to the issuance of building permits. 9. Existing settlement monuments shall be identified on the grading plans and protected during construction. Monuments shall be permanently ,protected or relocated 'when they conflict with .the permanent improvement. STREETS AND SIDEWALKS 1. Prior to occupancy, the following streets shall be improved to the satisfaction of the Director of Engineering Services: a. stowe Drive from the western subdivision boundary to the dr.i'veway entrance on Stowe Drive. b. Crosthw.ai.te Circle from stowe Drive to the driveway entrance:. . '1142 . Resolut;ion No. p-90-93 Page 7 street improvements shall include curb, gutter , paving, street lights, underground utilities, striping, and traffic control devices. 2. All parking lot structural sections shall be submitted to and approved by the Director of Engineering Services. Pavement sections shall conform to the minimum required by. the poway Municipal Code Section 12.20,88, 3. Driveway entrances shall have a minimum width of 30 feet and shall be designed as an alley apron. 4. Private street improvement plans prepared on standard size sheets by a Registered Civil Engineer shall be submitted for approval by the Director of Engineering.Services. plan check and inspection expenses shall be paid by the developer. 5. Private improvements that include, but are not limited to, sidewalks, driveways, wheel chair. ramps, curb and gutter, cross gutter , and. parking lot paving shall be constructed prior to the occupancy of the units to the satisfaction of the Director of Engineering Services. 6. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the Department of Engineering Services. 7. Prior to any work being performed in the public right-of-way, an encroachment permit shall be obtained from the Engineering Services department and appropriate fees paid, in addition to any other permits required. DRAINAGE AND FLOOD CONTROL 1. Prior ,to occupancy, the sewer and water systems serving the pro~j'ect' shall be installed to the satisfaction of the Director of Engineerihg Services. 2. On-site draTnage shall connect to, the existing stubs unle'ss othe-twise approved by the Director of Engineering Services. 3. A drainage system capable of handling and disposing of all su~face water origina~ing within the property, and all surface waters that may, flow onto the property from ad'j acent lands i shall be required. Said drainage system shall include any easements and structures as requ"ired by the Director of Engineering Services to properly handle the drainage. . 743 . Resolution No. p- 90-93 Page 8 4. Portlcmd c_ement concrete cross, gut,ters shall be :Lnstalled where water crosses the roadways. 5.- Concentrated flows across driveways arid/or sidewalks sha1:1 not be ,permitted. UTILITIES 1. All, on-site private sewer mains and laterals shall be constructed to standards for public sewers. 2, Public :Lmprovements for on-site water mains shall be prepared on stal1cjard sized .sheets by a Registered Civil Engineer and submi fted for' approval by the Dire,ctor of Engineering Services. Plan check and inspection fees shall be paid by the developer. 3. All, pr.oposed utili,ties within the project shall be installed underground including existing utilities along Circulation Element Toads and/or highways less than 34.5KV. 4. utility easements shall be provided to the specification of the serving utility companies and the Director of Engineering Services. 5. The developer shall be responsible for. the relocation and undergrounding of existing public utilities as required. 6 . water, sewer, andfi're protection systems plans shall be designed and constructed to meet requirements of the City of poway and the County of San Diego Department of Health. 7. Prior to acceptance of property for sewer service, annexation to the sewer improvement area 'shall occur. .8. The applicant shall pay for a water system 'analysis to est'abl'ish the proper size and location for the public water system. The amount will be de,termined by the cost of the analysis and shall be paid upon demand by the City. 9. Existing telephone ,gas., electric i and ,all other utili ties and appurtenances shall be shown on the grading plans, 10. All on-site water mains shall be public. easement shall be granted to the City over prior to occupancy. 11. Improvement plans for the water mains shall be prepared on standard size sheets , upon demand by the City, signed by a Registered Civil Engineer and submitted to the City for approval. A 20 foot wide all water mains, . 744 . Resolution No. .P- 90-93 Page 9 12. Developer shall construct a light system cQnforming to City of poway standards at no cost to the public, subj ect to the following: a. Cut-off luminaries shall be installed which will provide true 90 degree cutoff and prevent proj ection of light above the hori'zontal from the lowest point of the lamp or light emitting refractor or device. b. All fixtures shall use a clear, low pressure sodium vapor light source. c. Advance energy charges and District engineering charges shall be paid' by the developer. d. Annexation to the lighting district shall be accomplished and evidence of annexation shall be accomplished at the time of final inspection or Certificate of Occupancy, whichever occurs later. ' APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The buildings shall pisplay their numeric address in a manner visible from the access street. Buildingaddres~es shall also be displayed on the roof in a manner satisfactory to the Dir,ector of Safety Services. Minimum size of building numbers is 18 inches on facade of building. 2. The buildings will be required to install an approved fire sprinkler system, The entire system, is to be monitored by a central monitoring agency. ,A system post indicator valve with tamper switch, also monitored, is to be located by the City Fire Marshal prior to installation., Minimum design density of sprinkler system shall be .33/3000. 3, The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal, 'as shown on the submitted site plan. 4. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. S. Prior to qelivery 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 asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles.. The final lift of asphalt shall not be .installed until all other constr~ction activity has been substantially completed to the satisfaction of the City. . . 745 . Resolution 1:10. P- 90-93 Page 10 6. A Knox Security System Box and ,padlocks shall be required 'for' each building and post indicator valve., 7" Fire Department access for use of h~avy fire fighting equipment shall be prov,ided to the immed:ipte job con~truction sites at the start of construction and maintalned at all times until construction. is completed. 8. Access roadways for fire apparatus shall be designated as fire lanes with appropriate signs and curb markings. 9. The buildings shall be provided with approved automatic smoke and heat vents. 10. A' representative, warehouse layout .of aisle spacing and materials shall be 'provided during plaIlch~ck. GENERAL REQUIREMENTS AND APPROVALS 1. Prior to occupancy; all dedications shall be made and easements granted as required above, 2. These conditions, are based on preliminary 'plans provided by the developer.. If' s;i te condi tionsv.ary 'from those shown on the plans, tl1,e development plans must be changed and may require additional approval by the City Council. 3. Should this, property be further divided, each' final map shall be submitted for, approval by the Director of Engineering Services. 4. All provisions of the Subdivision Ordinanc~ of the poway Municipal Code shall be met as they relate to the division of land. A;'PR0VED1and, ADOPTED by the city Council of the City of poway, State of Ca;lifor:nia, this 27th day of November, 1990. ~kbu Don Higginson ,Mayor ATTEST: ~~.~. ' '". . 746 . Resolution No. p- 90-93 Page 11 STATE 'OF CALIFORNIA ) ) SS. } COUNTY OF SAN DIEGO I, Marjorie K. wal1l:;;ten, city Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-90-93 , was duly adopted by the City Council at a meeting of said City Council held on the 27th day of _ Nnvpmhpr , 1990, and that it was so 'adopted by the following vote: NOES: BRANNON, EMERY" GOLDSMITH, HIG~INSON NONE AYES: I K. Wahl'sten, oway Marj or~e City 0