Covenant Regarding Real Property 1990-0659123
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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
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RECORDING REQUEST BY.:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA92064
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(This
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sp'ace for
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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expire or are rescinded by City Council at the request of the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
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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,
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'[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. !
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11;85124
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n proved to me on the ,basis of satisfactory. ev~de.nceto ;,.
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736
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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
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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
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738
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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.
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739
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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
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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.
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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
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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:.
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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.
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743
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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,
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744
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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.
.
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745
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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:
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746
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Resolution No. p- 90-93
Page 11
STATE 'OF CALIFORNIA
)
) SS.
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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