Covenant Regarding Real Property 2003-1427647Iii,
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
No Transfer Tax Due
9272 DOC 0`2003-1419-7647
DEC X02 , 2003 9--13 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 77.00
2003-1427647 '
(This space for Recorder's Use Only)
APN NOS. — 323 - 500 -06 thru 09 RE"REC®R®E®
COVENANT REGARDING REAL PROPERTY
This document is being re- recorded to correct an error shown on Document No. 2003-
1265396 recorded October 15, 2003 of official records.
The third paragraph should be as follows:
In the event that CUP 03 -06 expires or is rescinded by City Council at the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.
03-1 9S
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
No Transfer Tax Due
9273
DOC ? 2003- 119-65396
OCT 15, 200.E 9:12
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 74.00
(This space for Recorder's Use)
N s- 323 -- 500 -06 thru 09
COVENANT REGARDING REAL PROPERTY
Ridgeview Investors, LLC, PROPERTY OWNERS ( "OWNERS" hereinafter) are
the owners of real property which is commonly known as Apsessor's Parcel Number
323 - 500 -06 through 09 ( "PROPERTY" hereinafter) and more particularly described as
Lots 6 through 9 of Tract 87 -13, Unit 2, Parkway Business Centre, in the City of Poway,
County of San Diego, State of California according to Map Nm 13410, filed in the Office
of the San Diego County Recorder on April 8, 1997. In consberation of the approval of
CUP 03 -06, by the City of Poway ( "CITY" hereinafter), OWNER hereby agrees to abide
by conditions of the attached resolution (Exhibit A).
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrances, successors, heirs, personal
representatives, transferees and assigns of the respective parties.
In the event-that MCUP 03 -02 expires or is rescinded by City Council at the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.
,M.
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, from the other party.
Ridgeview Flrivest8rsnvELLCr� >�b C
aCDel'aware1 liirtte "d liability company
By: Sky Mesa Ranch, LLC
/ Z�O a California limited liability company
Dated: Ge 3 By: Llano Development, Inc, Profit
S aring,43 an & Trust,,it!?NKp
Trus;tee;- �� • �+.`�
Trustee;
Dated: QC.�- -13, 200" j By: h2v Q �i e • — f ••• — fffaraa ,,,
(Notarize)
CITY OF POWAY
Dated: I� t3 03 By:
Niall Fritz, Director of Develo nt Services
(02 10
9274.'
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On October 13, 2003, before me, Carol L. Bond, a Notary Public in
and for said County and State, personally appeared James H. Hunter,
personally known to me (or ^d to me „ the basis of atisf ^�,
evidenee) to be the person whose name' is / subscribed to the within
instrument and acknowledged to me that he/ skeF y executed the same in
his /leis authorized capacity(a), and that by his /hexZ1beiT signat rY on
the instrument the persoriptrcir the entity upon behalf of which the persow
acted, executed the instrument.
WITNESS my hand and official seal. -~l' , f, ”
Con "ll" •. .ro 1','133
IMF Wary Pt II,U .tl•fr i; nia
Son hie-, 1
MyComn� F.; .... 200
Signature
Notary ! 14063M.
c
vC a-- County
Notary Form -1 McMillin Companies
RESOLUTION NO. P -03 -59
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP 03 -01, DEVELOPMENT REVIEW 03 -01,
AND CONDITIONAL USE PERMIT 03 -06
ASSESSOR'S PARCEL NUMBERS 323 - 500 -06 THRU 09
WHEREAS, a request for approval of Tentative Tract Map 03 -01, Development
Review 03 -01, and Conditional Use Permit 03 -06 to subdivide a 13.5 -acre site into 22 lots
and construct 22 buildings totaling approximately 212,000 square feet in area with potential
outdoor storage areas as a light industrial planned unit development, was submitted by
Ridgeview Investors LLC; and
WHEREAS, the subject property is located on the south side of Kirkham Way, east
of Stowe Drive, in the Light Industrial /Outdoor Storage zone of the South Poway Specific
Plan: and
. WHEREAS, on September 16, 2003, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this application
NOW, THEREFORE; BE IT RESOLVED by the City Council of the City of Poway, as
follows,
Section 1: Pursuant to Section 15183 of the California Environmental Quality Act, the
certified Final EIR dated July 30, 1985, and the Final Subsequent EIR dated July 26, 1988,
for the South Poway Specific Plan adequately addresses potentially significant adverse
environmental impacts of the proposed development because it is the construction of an
industrial building designed to be consistent with the development envisioned with the
South Poway Specific Plan, and additional environmental review for this project is not
required
Section 2. The findings, in accordance with Section 17.48.070 of the Poway Municipal
Code for the approval of CUP 03 -06 for outdoor storage are made as follows:
A. The outdoor storage areas have been designed such that they will not be visible to
the public due to siting and /or the provision of an 8- foot -high screening wall.
Therefore, the proposed location, size, design and operating characteristics of the
outdoor storage areas are in accordance with the title and purpose of Section
17 48.070 of the Poway Municipal Code, the purpose of the zone in which the site is
located, the City General Plan and the development policies and standards of the
City.
B The outdoor storage areas have been designed to comply with the Poway General
Plan and Municipal Code, and will not impact surrounding development. Therefore,
the location, size, design, and operating characteristics of the proposed use will be
compatible with and will not adversely affect or be materially detrimental to adjacent
uses. buildings, structures, or natural resources.
n
40esoluUOn No P -03 -59
Page 2
C. The project meets standards for scale, coverage, and density Therefore, the
harmony in scale, bulk, coverage, and density of the project is consistent with
adjacent uses.
D. There are public facilities, services, and utilities available to the site.
E The outdoor storage areashave been designed to comply with the Poway General
Plan and Municipal Code standards and the use will be compatible with surrounding
development. Therefore, there will be no harmful effect upon desirable
neighborhood characteristics.
F. The outdoor storage areas will not result in a significant impact on the character or,
the intensity of the transportation system in the vicinity and is found to be consistent
with the Circulation Element of the General Plan.
G. The use involves no hazardous materials or processes, nor does it significantly
affect natural resources. Therefore, there will not be significant harmful effects upon
environmental quality and natural resources.
H. There are no, other relevant negative impacts of the proposed use that, cannot be
mitigated
I. The proposed location, size, design, and operating characteristics of the proposed.
use and the conditions under which it would be operated or maintained will not be
detrimental to the public health, safety or welfare, or materially injurious to properties
or improvements in the vicinity nor be contrary to the adopted General Plan
J. The proposed use will comply with each of the applicable provisions of Section
17.48.070, of the Poway Municipal Code with ,regard to current development
standards.
Section 3. The findings, in accordance with Section 17.52 of the Poway Municipal Code,
for DR 03 -01 are made as follows:
A The light industrial planned unit development, has been designed to comply with the
development standards of the Poway General Plan and Municipal Code. It will not
create a negative visual impact as viewed from the street and neighboring
properties. Proposed landscaping will soften the building from such views. Exterior
colors and materials will help the buildings blend in with the surrounding area
Therefore, the building respects the interdependence of land values and aesthetics
to the benefit of the City
�esolution9No. P-03-59
Page 3
B. The buildings have been designed to comply with the development standards of the
Poway General Plan and Municipal Code, and be in character with existing
development in the area. Therefore, the proposed development does not conflict
with the orderly and harmonious appearance of structures and property within the
City along with associated facilities, such as but not limited to, signs, landscaping,
parking areas and streets.
C. There are public facilities, services and utilities available. The project will conform to
all City ordinances. Therefore, the proposed project does not detract from the
maintenance of the public health, safety and general welfare, and property
throughout the City.
D. The buildings are designed to be consistent in design with surrounding
development. Therefore, the proposed development respects the public concerns
for the aesthetics of developments.
E. The proposed project will meet the required design regulations and will otherwise
comply with all of the relevant codes and standards of the City of Poway. Therefore,
the proposal does not have an adverse aesthetic, health, safety, or architecturally
related impact upon existing adjoining properties, or the City in general.
F The proposed project will comply with all of the provisions of the Zoning Ordinance
and the General Plan.
Section 4 The findings, in accordance with the State Subdivision Map Act (Government
Code Section 66410 et. seq.) for Tentative Tract Map 03 -01, are made as follows:
A The Map is consistent with the General Plan in that the lot sizes and dimensions
proposed in this non - residential planned unit development are appropriate for the
anticipated uses and are provided for through the planned unit development process
in the South Poway Specific Plan
B. The site is physically suitable for this type of development in that the site is located
within an area of industrial uses.
C The design of the Map is not likely to cause substantial environmental damage, and
avoidable injury to humans and wildlife or their habitat in that the project will be
developed on a pre - graded pad and the environmental impacts have been
previously addressed and mitigated under prior environmental documents.
D The approval is not likely to cause serious public health problems in that City water
and sewer service are available to the site
E. The design of the Map will not conflict with any easement acquired by the public at
large, now of record, for access through or use of the property within the subdivision
9278
lesolution No. P -03 -59
Page 4
in, that the development of a protect on the site can be accommodated without
obstructing or otherwise impacting existing or required easements.
Section 5: Pursuant to Government Code Section 66020, the public improvements for
the project are made as follows:
A. The design and improvements of the proposed development are consistent with all
elements of the Poway General. Plan, as well as City ordinances, because all
necessary services and facilities are available to serve this project. The payment of
water, sewer, drainage and traffic mitigation fees are needed as a result of the
proposed development to protect the public health, safety and welfare as identified
below:
The project requires payment of sewer, water, drainage and traffic mitigation
fees, which are assessed on a pro -rata basis to finance and provide public .
infrastructure improvements, which promote a safe and healthy environment
for the residents of the City.
Section 6. The City Council hereby approves Tentative Tract Map 03 -01, Development
Review 03 -01 and Conditional. Use Permit 03 -06 to subdivide a 13.5 -acre site, located on
the.south side of Kirkham Way, east of Stowe Drive, into 22 lots and construct 22 buildings
totaling approximately 212,000 square feet in area with potential outdoor storage areas as
a light industrial planned unit development, as shown on plans dated July 14, 2003, subject
to the following:
A Approval of TTM 03 -01, DR 03 -01, and CUP 03 -06, shall apply only to the subject
project and 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.
B. Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all conditions of approval have been read and understood, and (2) the property
owners shall execute a Covenant on Real Property which states that the applicant
must abide by the conditions contained in this Resolution.
C The use conditionally. granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
D. ' The conditions of TTM 03 -01, DR 03 -01, and CUP 03 -06, shall remain in effect for
the life of the project and shall run with the land and be binding upon future owners,
successors, heirs, and transferees of the current property owner
E The location of required, solid walls, and the location of potential outdoor storage
areas, shall be shown on the grading and landscaping plans. All outdoor storage
areas shall be screened from view with an 8- foot -high solid decorative wall and an 8-
foot -high view obscuring gate shall be provided at the entry to the outdoor storage
area If outdoor storage will not be conducted along the south side of the site,
• gesolution No. P -03 -59
Page 5
instead of an 8- foot -high wall, a 4- or 6- foot -high wall will be required for fire
management purposes.. The height of the wall for fire management purposes will
depend on whether selective thinning of vegetation along the southerly slope
adjacent to the wall is to be conducted. The required wall height will be determined
on approval of the fire management plan. These requirements shall be reflected in
the project's CC &Rs. The following solid walls are required:
1. Southerly Property Line Wall - A solid, 6- foot -high wall, constructed of
decorative, noncombustible materials which are a muted earth tone color, shall
be provided along the entire length of the southerly property line of the site.
The height of the wall shall be increased to 8 feet on those portions of
properties where outdoor storage is to be conducted. The wall along those
portions of the site where there is a potential for outdoor storage use (as
shown on the approved site plan) shall be constructed to 8- foot -high wall
standards (i.e., wall footing requirements) and shall require a Building Permit.
The height of the wall may be decreased to 4 feet along those portions of the
site (that are not used for outdoor- storage), provided that a 40 foot wide area
of selective thinning, pursuant to City fire fuel management requirements, is
conducted, on the slope to the south of the wall. A plan showing any
proposed thinning of vegetation shall be provided to the City for approval.
Such fire fuel management shall be maintained for the life of the project and is
the responsibility of the property owners. If the 4- foot -high wall /fire fuel
management option is pursued, maintenance responsibility shall be included
in the project's CC &Rs.
2 Interior Property Line Walls - A 6- foot -high solid wall shall be provided along
the interior property line between Lots 3 and-5. Lots 4 and 6. Lots 7 and 9,
Lots 8 and 10, Lots 11 and 13, Lots 12 and 14, Lots 15 and 17, Lots 16 and
18, Lots 19 and 21, Lots 20 and 22. The height of the wall shall be increased
to 8 feet if the area on either side of the wall is used for outdoor storage.
These walls shall be constructed to 8- foot -high wall standards and shall
require building permits.
F An 8- foot -high, view - obstructing gate shall be provided at the entrance to any
outdoor storage area. The gate shall be of a decorative design and higher quality
material. Wall and gate design /materials shall be to the satisfaction of the Director
of Development Services and shall consistent throughout the project. An exhibit for
wall and gate design /materials shall be submitted for review and approval before the
issuance of any building permit
G. The property owner shall be responsible for notifying the City of the establishment of
any outdoor storage use at the site. Prior to establishing the outdoor storage use,
the property owner shall submit an exhibit that delineates the area to be used for
outdoor storage, an exhibit that depicts that the area will be screened from public
view through methods approved in these Conditions of Approval, identification of the
type materials to be stored outdoors, and identification of any ancillary outdoor
9280
gesolution No. P -03 -59
Page 6
storage structures (i.e., covers, shelving, etc). Additional building permits shall be
required for the extension of the wall height and for the installation of the gate
H. Building square footages shall not exceed those areas specified on the approved
site plan unless otherwise authorized by the Director of Development Services. Any
proposed increase in building square footages shall be authorized only if adequate
on -site parking is provided to the satisfaction of the Director of Development
Services
I. A Comprehensive Sign Program is required for the project. Prior to the issuance of
any permit for signs, a Comprehensive Sign Program application package shall be
submitted to the City for review and approval by the City Council. All signage shall
comply with the requirements of the Poway Municipal Code and South Poway
Specific Plan.
J Prior to Grading Permit issuance for each of the project phases if phasing is
proposed, unless other timing is indicated, the applicant/developer shall complete
and /or be subject to the following:
1. Submittal to the City for review and approval of precise grading plans, erosion
control plan, stormwater pollution prevention plan, Grading Permit application
and geotechnical report/s to the Development Services Department.
2 Grading of the project shall be in substantial conformance with the approved
development plan and in accordance with the Uniform Building Code, City
Grading Ordinance, City Storm Water Management and Discharge Control
Ordinance, City SUSMP (Standard Urban Stormwater Mitigation Plan)
Ordinance and the South Poway Specific Plan. Full compliance with the
City's SUSMP requirements shall be demonstrated to the satisfaction of the
City Engineer prior to the issuance of any grading permit
3 Paving of the parking lot shall conform to the standards set forth in Section
12.20.080 of the Poway Municipal Code.
4. A drainage system capable of handling and disposing of all surface water
originating within the development and all surface water that may flow onto
the development from adjacent lands shall be constructed.
5 Drainage catch basins, inlets, grate basins'or similar structures shall be
designed to be equipped with structural Best Management Practices (BMP's)
for interception of pollutants and /or sediments before leaving the project site.
BMP's are subject to review and approval of the City.
6. All driveway approaches to the development shall be with alley -type curb
returns.
281 1 Resolution No P -03 -59
Page 7
7. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from October 15th to April 15th. An erosion control
plan shall be prepared by the project civil engineer and shall be submitted as
part of the grading plan. The applicant/developer shall make provisions to
insure proper maintenance of all erosion control devices.
8. The stormwater pollution prevention plan ( SWPPP) shall be prepared. The
SWPPP shall provide the erosion, sedimentation and pollution control
measures to be used during construction.
9 A right -of -way permit shall be obtained from the Engineering Division of the
Development Services Department for any work to be done in public street
rights -of -way or City -held easements.
10 The applicant/developer shall pay the following:
Grading permit
Grading plan check
guideline:
If cost of improvement is:
$1 to $25,000
$25,001 to $50,000
$50,001 to $100,000
$100,001 to $500,000
over $500.000
Grading Inspection
check fee calculation.
= $100.00 per permit
= To be determined based on the following
= fee is 5% ($500 min.)
= add'I fee of 4% of cost
= add'I fee of 3% of cost
= add'I fee of 2% of cost
= Time and materials
= To be determined, same basis as in grading plan
Geotechnical Reviews ) = $4,600.00 (Limited to 1 review of preliminary
soils report and 1 review of compaction report. Additional reviews will be
charged accordingly.)
Plan check and inspection fees are to be calculated based on City approved
cost estimates, using City's adopted unit costs, prepared by the applicant's
project Civil engineer.
11. Posting of grading securities (either by bond and cash, letter of credit, or
certificate of deposit).
12. City approval of soils report and grading plans.
13. Submittal of a request for and hold a pre- construction meeting with a City
Engineering inspector. The applicant/developer shall be responsible that
necessary individuals, such as but not limited to, contractors, subcontractors,
• 9282
gesolution No P -03 -59
Page 8
project civil engineer and project soils engineer must attend the pre -
construction meeting
14. The grading plan shall show wheel stops where overhanging vehicles would
reduce the minimum required planter dimensions or where a parking stall is
head -on to a building wall.
15. Complete landscape construction documents (and applicable landscape plan
check fees) shall be submitted for all areas of new construction. Plans shall
be prepared in accordance with the South Poway Specific Plan Development
Standards, Poway Zoning Code, and Guide to Landscape Requirements, and
shall include, but not be limited to, the following:
a. Landscaping for any newly manufactured and disturbed slopes greater
than a 5:1 slope.
b. Landscaping for all new parking lots per the above landscape
requirements, including a minimum of one broad spreading evergreen
tree for every three spaces, and landscape islands between every 8 to
10 parking spaces. Fifty percent of the parking lot trees shall be a
minimum size of 24 -inch box.
c All areas of the site, excepting areas that are designed for outdoor
storage uses as depicted on the approved site plan, shall be
landscaped per City standards.
d. Irrigation plans consistent with the above landscape requirements.
e. The owner shall permanently and fully maintain landscaped areas
within the adjacent public right -of -way.
f. The location of project trash enclosures shall be shown on the project
landscape plan.
g. The location of all ground mounted utilities shall be shown on the
project landscape plan and shall be adequately screened with
landscaping or set back on the property a sufficient distance to reduce
their visibility to the satisfaction of the Director of Development
Services
h The location of all walls and fences shall be shown on the landscape
plans.
1. Amenities /improvements in the outdoor employee eating areas shall be
provided and appropriately scaled, as determined by the Director of
9283
resolution No. P -03 -59
Page 9
Development Services, to the size of the project and shall be shown on
the plan.
The landscape plan shall show required fire fuel management, if
applicable (see Condition of Approval P.14)
K Prior to construction of public improvements for each of the project phases if phasing
is proposed, unless other timing is indicated, the applicant/developer shall complete
and /or be subject to the following:
1. Submittal to the City for review and approval of improvement plans to the
Development Services Department for approval of the following
improvements ..
a Water main line extension - Water main line extension shall be
constructed, as needed, for fire hydrant/s installation. The size and
location of the water line shall be that as established by a water system
analysis prepared by an engineering firm designated and approved by
the City. The applicant/developer shall pay to the City the cost of
preparing the analysis prior to submittal of improvement plans. The
City Fire Marshal reserves the right to require an analysis even for
existing hydrant/s for compliance to current fire flow standards and
specifications.
b. Sewer main and laterals (Private) — Sewer main and laterals shall be
constructed to City standards but will be privately maintained. Only a
portion of the main in public street right -of -way shall be City
maintained.
C. Concrete sidewalk — A 5- foot -wide sidewalk along the project's
frontage on the south side of Kirkham Way.
2. Improvements shall be constructed in accordance with City adopted
standards and" specifications, the latest adopted edition of the Standard
Specifications for Public Works Construction and its corresponding San Diego
supplements, the current San Diego Regional Standard Drawings and the
South Poway Specific Plan.
3 All new and existing electrical /communication /CAN utilities shall be installed
underground prior to installation of concrete curbs, gutters, sidewalks and
surfacing of the streets. The applicant/developer is responsible for complying
with the requirements of this condition, and shall make the necessary
arrangements with each of the serving utilities.
• 9254 %
resolution No. P -03 -59
Page 10
4. The locations and sizes of all utility boxes and vaults within street rights -of-
way and the City's public utility easement shall be shown on the improvement
plans.
5. The applicant/developer shall pay the following fees and post or pay
appropriate securities:
Improvement plan check = To be determined based on the following
guideline:
If cost of improvement is:
$1 to $25,000
$25,001 to $50,000
$50,001 to $100,000
$100,001 to $500,000
over $500.000
= fee is 5% ($500 min.)
= add'I fee of 4% of cost
= add'I fee of 3% of cost
= add'I fee of 2% of cost
= Time and materials
Improvement Inspection = To be determined, same basis as in
improvement plan check fee calculation.
6. Posting of performance and payment securities. The City Engineer may
waive these securities if substantial amount of grading is completed prior to
installation of public improvements and there is sufficient amount of grading
securities still held by the City to complete the remainder of the grading works
and public improvements.
7. Right -of -way permits ($50.00 each for right -of -way permit, if needed) for any
work to be done in public street or City -held easements
8 Submittal of a request for and hold a pre- construction meeting with a City
Engineering inspector. The applicant /developer shall be responsible that
necessary individuals, such as but not limited to, contractors, subcontractors,
project civil engineer and project soils engineer must attend the pre -
construction meeting.
9. No private improvements shall be placed or constructed within public street
rights -of -way or City easements unless any one of the following is satisfied:
a. An encroachment maintenance and removal agreement has been
executed by the developer /owner and subsequently approved by the
City, or
b Approval of grading or improvement plans, on which a right -of -way
permit has been issued for the private improvements shown to be
constructed. The City, however, reserves the right to require the
execution of an encroachment maintenance and removal agreement.
ar
• gesolution No. P -03 -59
Page 11
q aes
10. The applicant/developer shall cause the dedication of the following
easements to the City:
a. An easement, a minimum of 20 feet wide, for each new public water
line shall be dedicated to the City.
b An additional 5- foot -wide public utility easement (PUE) contiguous with
the existing 10- foot -wide PUE along the project's street frontage of
Kirkham Way.
A processing fee of $1,000.00 per easement or right -of -way document
(if done by separate instrument other than through the final map) shall
be paid to the City at first submittal of document for review.
Recordation of the easements, if done by separate instruments, shall
be made prior to final map approval.
11. All new electrical /communication /CATV utilities shall be installed underground
prior to installation of concrete curbs, gutters, and sidewalks, and surfacing of
the streets. The applicant/developer is responsible for complying with the
requirements of this condition, and shall make the necessary arrangements
with each of the serving utilities.
12 The locations and sizes of all utility boxes and vaults within street rights -of-
way and /or City's easements shall be shown on the improvement plans, and
need to be screened.
L Prior to Building Permit issuance for each of the project phases if phasing is
proposed, unless other timing is indicated, the following conditions shall be satisfied:
1. Recordation of a final map for Tentative Tract Map 03 -01, or phases thereof if,
final map phasing is proposed.
2. Completion of and approval by the City of rough grading of the project site (for
each phase where applicable).
3 City.approval of soils compaction report (for each phase where applicable)
4 City approval of a certification of line and grade. The certification shall be
prepared by the project's civil engineer or City- approved designee.
5 The building plans shall depict all roof appurtenances, including air
conditioners, architecturally integrated, screened from view and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services.
9286
• lqesolution No. P -03 -59
1
- Page 12
6 The building plans shall identify the exterior building colors and materials
consistent with the project plans on file in the Development Services
Department and project materials /color sample board on file.
7. Trash receptacles shall be enclosed by a 6- foot -high, decorative masonry wall
with solid, view obscuring gates painted to match the masonry. Locations
shall be subject to approval by the Planning Division.
8. Details of any exterior lighting shall be included on the building plans,
including fixture type(s) and design. All exterior lighting fixtures are required
to be low- pressure sodium and designed such that they reflect light
downward, and away from streets and adjoining properties. Parking lot lights
shall be low pressure sodium and shall not exceed a maximum height of 18
feet from the finished grade. All lighting shall comply with the standards of
the South Poway Specific Plan (Chapter 3 Section VI.D).
9. Payment of development fees to the City, unless other payee is indicated. The
fees and the corresponding amounts are as follows and are subject to change
without further notice. The amounts to be paid shall be those in effect at time
of payment. Separate water meters shall be installed for domestic and
irrigation (reclaimed water) use.
Water base capacity fee — Applicant to inform the City of the size and,
number of water meters to be set.
For 1" meter = $ 6,678 00 per meter
For 1 '/2 " meter = $10,388.00 per meter
Other meter sizes = Contact Engineering Division
Water meter fee - Applicant to inform the City of the size and number of water
meters to be set. Two water meters (one for domestic use and one for
reclaimed /irrigation use) per parcel, unless property owner's association
maintains the overall landscaping, of which the association determines the
number of reclaimed /irrigation meters needed.
For 1" meter = $ 270.00 per meter
For 1 '/2 " meter = $ 600 00 per meter
Other meter sizes = Contact Engineering Division
SDCWA capacity charge (applicable to potable /domestic water only) - To be
paid by separate check, payable to San Diego County Water Authority but
remitted through the City of Poway.
For 1" meter = $3,206.00 per meter
For 1 '/2 " meter = $6,012.00 per meter
Other meter sizes = Contact Engineering Division
9267
'Resolution No P -03 -59
Page 13
Sewer connection fee = $43,858 (See breakdown below)
LOT
#
BLDG AREA
(SF)
ALLOW.
BLDG
AREA
(SF)
BALANCE
SEWER
FEE
As of
8/13/03
1
10,666
11,221
$2,203
2
13,000
13,676
$2,685
3
10,000
10,520
$2,065
4
10,333
10,871
$2,134
5
10,000
10,520
$2,065
6
. 12,000
12,624
$2,479
7
11,333
11,923
$2,341
8
11,333
11,923
$2,341
9
9,000
9,468
$1,859
10
10,333
10,871
$2,134
11
7,333
7,714
$1,515
12
8,333
8,766
$1,721
13
7,000
7,364
$1,446
14
7,000
7,364
$1,446
15
7,333
71714
$1,515
16
7,000
7,364
$1,446
17
7,667
8,066
$1,584
18
6,667
7,014
$1,377
19
11,333
11,923
$2,341
20
11,333
11,923
$2,341
21
11,333
11,923
$2,341
22
12,000
12,624
$2,479
Tota
I
212,330
223,376
$43,858
Lot numbers and Building Areas are as shown on the development plans,
used for conditioning of the project, prepared by Architects Orange dated July
11, 2003. Any changes to the building areas that would exceed the allowable
building areas will, change the amount of the Balance Sewer Fee. Necessary
adjustment, if needed, shall be made prior to building permit issuance.
The sewer EDU's have already been reserved by previous LOA's, therefore
no sewer reservation is required unless the total building area exceeds
223,376 SF or there is a change in building use that would cause an increase
in EDU's.
Sewer cleanout fee = $50.00 per cleanout
• 9288
gesolution No. P -03 -59
Page 14
Sewer cleanout inspection fee = $25.00 per cleanout
Traffic Mitigation Fee (TMF) _ $23,632.00 (See breakdown below)
Total Allowable Building Area = 223.376 SF
Total Net Area of Lots 7, 8, 9 & portion of Lot 6 = 12.82 Acres*
12.82 x 43560 x 0.40 ** = 223,375 68 say 223,376 SF
Por. of Lots 8 & 9 that were a part of TTM 89 -08 * ** = 6.85 Acres
6 85 x 43560 x 0.40 = 119,354.40 say 119,354 SF
Bldg. Area not subject to TMF per prior Agreement = 223,376 — 119,354 =
104,022 SF
119,354 x 12 trips /1,000 SF = 1,432.248 trips
1,432.248 x $16 50 = $23,632.09 say $23,632.00
* Net Area as determined per LOA distribution spreadsheet for
Parkway Business Center III, TM 98 -05, Map No 13852.
** 40% allowable building area as determined per LOA distribution
spreadsheet for Parkway Business Center III, TM 98 -05, Map No.
13852.
* ** Portions of Lots 8 & 9, Map No. 13852 were a part of TTM 89 -08,
i.e.. Lots 60. 61 & 62 with a total net area of 6.85 acres.
Traffic Mitigation Fee Breakdown
Lot 1
= $
1,187.00
Lot 2
= $
1,447.00
Lot 3
= $
1.11300
Lot 4
= $
1,150.00
Lot 5
= $
1,113.00
Lot 6
= $
1,336.00
Lot 7
= $
1.261.00
Lot 8
= $
12262.00
Lot 9
= $
1,002.00
Lot 10=$
1,150.00
Lot 11
= $
816.00
Lot 12
= $
927.00
Lot 13 = $
779.00
Lot 14 = $
779.00
Lot 15 = $
816.00
Lot 16
= $
779.00
� 9289
'Resolution No. P -03 -59
Page 15
Traffic Mitigation Fee Breakdown (continued)
Lot 17 = $
853.00
Lot 18 = $
742.00
Lot 19 = $
11261.00
Lot 20 ='$
1.261.00
Lot 21 = $
1,262.00
Lot 22 = $
1,336.00
Total = $23.632.00
Drainage Fee (DF) = $12,807.00 (See breakdown below)
Area subject to DF = 6.85 Acres (Lots 60,61 & 62, TTM 89 -08), now portions
of Lots 8 & 9, Map No 13852
= (6.85 Acres x $222,240) = 118.87 Acres = $12,806.80, say $12,807 00
where:
6.85 Acres = Area as established per TTM 89 -08
$2227240.00 = Fee as established by Resolution No. P89 -116
118.87 Acres = Total Net Area for TTM 89 -08
Drainage Fee Breakdown
Lot 1 = $
643.00
Lot 2 = $
784.00
Lot 3 = $
603.00
Lot 4 = $
623.00
Lot 5 = $
603.00
Lot 6 = $
724.00
Lot 7 = $
684.00
Lot 8 = $
684.00
Lot 9 = $
543.00
Lot 10 = $
623.00
Lot 11 = $
442.00
Lot 12 = $
503.00
Lot 13 = $
422.00
Lot 14 = $
422.00
Lot 15 = $
442.00
Lot 16 = $
422.00
Lot 17 = $
462.00
Lot 18 = $
402.00
Lot 19 = $
684.00
Lot 20 = $
684.00
Lot 21 = $
684.00
Lot 22 = $
724.00
9290
resolution No P -03 -59
Page 16
Total = $12,807.00
Park Fee (PF) = $28,813.00 (See breakdown below)
Area subject to PF = 6.85 Acres (Lots 60,61 & 62, TTM 89 -08), now portions
of Lots 8 & 9. Map No. 13852
= (6 85 Acres x $500,000) _ 118.87 Acres = $28,812.99, say $28,813 00
where:
6.85 Acres = Area as established per TTM 89 -08
$500;000.00 = Fee as established by Resolution No. P89 -116
118.87 Acres = Total Net Area for TTM 89 -08
Park Fee Breakdown
Lot 1 = $
1.447.00
Lot 2 = $
1,764.00
Lot 3 = $
1,357.00
Lot 4 = $
1,40200
Lot 5 = $
1.357.00
Lot 6 = $
1.628.00
Lot 7 = $
1.538.00
Lot 8 = $
1.538.00
Lot 9 = $
1,221.00
Lot 10=$
1,402.00
Lot 11 = $
995.00
Lot 12 = $
1,131.00
Lot 13 = $
950.00
Lot 14 = $
950.00
Lot 15 = $
995.00
Lot 16 = $
950.00
Lot 17 = $
1,041.00
Lot 18 = $
905.00
Lot 19 = $
1,538.00
Lot 20 = $
1,538.00
Lot 21 = $
1.538.00
Lot 22 = $
1,628.00
Total = $28.813.00
Pro rata share for construction of Scripps Poway Parkway Fee (SPPF) _
$63,389 00 (See breakdown below)
Area subject to SPPF = 6.85 Acres (Lots 60,61 & 62, TTM 89 -08), now
portions of Lots 8 & 9, Map No. 13852
= (6.85 Acres x $1,100,000.00) = 118.87 Acres = $63,388.58, say $63,389.00
where:
6.85 Acres = Area as established for TTM 89 -08
9291
resolution No. P -03 -59
Page 17
$1,100.000.00 = Fee as established by Resolution No. P -89 -116
118.87 Acres = Total Net Area for TTM 89 -08
Scripps Poway Parkway Fee Breakdown
Lot 1 = $
3,184.00
Lot 2 = $
3,881.00
Lot 3 = $
2,986.00
Lot 4 = $
3,085.00
Lot 5 = $
2,986.00
Lot 6 = $
3,583.00
Lot 7 = $
3,383.00
Lot 8 = $
3,383.00
Lot 9 = $
2,687.00
Lot 10=$
3,085.00
Lot 11 = $
2.189.00
Lot 12 = $
2,48800
Lot 13 = $
2,09000
Lot 14 = $
2.090.00
Lot 15 = $
2.189.00
Lot 16 = $
2,090.00
Lot 17 = $
2.289.00
Lot 18 = $
1,990.00
Lot 19 = $
3,383.00
Lot 20 = $
3,383.00
Lot 21 = $
3.383.00
Lot 22 = $
37582.00
Total = $63,389 00
M. Prior to final map approval or final map approval for individual phases if phased final
mapping is proposed, unless other timing is indicated, the following conditions shall
be satisfied.
1. Submittal of a final map to the City for review and approval. The final map
shall conform to City standards and procedures, the City Subdivision
Ordinance, the Subdivision Map Act, the Land Surveyors Act, the Resolution
of Approval as approved by the City Council and shall be in substantial
conformance with the approved tentative final map. Appropriate map review
fee ($1.000 00 per sheet) shall be paid at time of submittal.
2. Additional public utility easements and water line easement as herein
required that are within the limits of the subdivision shall be dedicated through
the final map.
• 9292
'Resolution No P -03 -59
Page 18
3 Private access and utility easements over those parcels fronting on Kirkham
Way shall-be reserved on the final map for the benefit of those other parcels
that are not fronting the public street.
4 A reciprocal parking agreement shall be prepared to insure access to parking
spaces for those situations where parking spaces are bisected by property
lines to the satisfaction of the Director of Development Services. The
agreement shall be submitted to the City for review and approval prior to its
recordation in the office of the County Recorder Appropriate review fees
shall be paid at the time of submittal.
5 All property corners shall be monumented. If property corners are not set
prior to parcel map approval, appropriate monumentation security shall be
submitted to the City.
6. A maintenance agreement shall be prepared for the maintenance of all
landscape, hardscape, slope •areas, fire fuel management areas, and fire
protection systems, including but not limited to, post indicator valve, swing
check valve, fire department connection and water lines leading to each
building's fire sprinkler riser. The agreement shall be in a form satisfactory to
the City Attorney and submitted to the City for review and approval. The
agreement shall be a stand alone agreement or incorporated in the
Development's Covenants, Conditions, and Restrictions (CC &Rs) instrument.
The agreement or CC &Rs shall be recorded in the office of the San Diego
County recorder prior to final map approval. Appropriate review fee shall be
paid at the time of submittal
N Prior to City's approval for occupancy and release of securities for each of the
project phases if phasing is proposed, unless other timing is indicated, the following
conditions shall be satisfied:
1 Completion of public improvements.
2. City approval of record drawings of the grading and improvement plans.
3 Dedication of easements to the City for new public water lines and /or sewer
lines, if any, and public utility easements, if not completed through the final
map
4 Posting of a warranty bond for the public improvements.
5 Grading securities shall be released only upon completion of the project and
upon City approval of the record drawings of the grading plans.
• 1 9293
gesolution No. P -03 -59
Paae 19
6. Performance securities for public improvements, if posted and separate from
the grading securities, shall only be reduced twice before completion of
improvements
7. Payment securities and remaining performance securities, if any, shall be
released no sooner than 90 days after City's acceptance of improvements,
posting of warranty security, and approval of record drawings.
O The applicant shall construct the following improvements, and /or comply with the
following, to the satisfaction of the Director of Safety Services.
1. Roof covering shall be fire retardant as per UBC Section 1503 and 1504 and
City of Poway Ordinance No. 64
2 The building shall display the 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 manner satisfactory to the Director of Safety Services, and
meeting Sheriff 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 unobstructed width, with adequate 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 have an approved fire sprinkler system
installed that meets 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 sq. ft 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. Installing Fire Sprinkler AND 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 licensed contractor. System shall be completely monitored by a UL
listed central station alarm company or proprietary remote station.
6 A Security Key Box shall be required for the building at a location determined
by the City Fire Marshal. A padlock shall be required for the fire sprinkler
system Post Indicator Valve.
• 'Oesolution No P -03 -59
Page 20
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 access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings
9. Minimum 4A:60BC fire extinguisher required for every 3,000 square feet and
75' travel distance. 2A 10BC fire extinguisher(s) are required for office areas
every 3,000 square feet and 75 feet of travel distance.
10 If an elevator is installed, it shall be sized to accommodate a normal hospital
gurney. Minimum dimensions for the inside car platform shall be 68" wide by
4'3" 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 determined by the City Fire Marshal,
13 Prior to delivery 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
construction activity has been substantially completed to the satisfaction of
the City.
14 A wildland fuel mitigation plan shall be submitted to eliminate any potential
threat of spread of fire from the proposed building or exposure and the open
space easement located along the southern portion of the site for each
proposed project phase. This, plan shall be approved by the Directors of
Safety Services, Development Services prior to building occupancy. If fuel
modification is not possible a six -foot non - combustible block wall shall be
constructed along the south portion or the entire project, to be installed in
conjunction with each project phase.
15 All driveways in excess of 150 feet in length shall be provided with approved
turnarounds.
16. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as
necessary throughout the building.
17. The buildings shall be provided with approved automatic smoke and heat
vents.
• 9295 I esolution No. P -03 -59
Page 21 t
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 16th day of September 2003.
ATTEST:
t �, Atil is DX (Pi
L-dri Pnne Peoples, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P -03 -59 , was duly adopted by the
City Council at a meeting of said City Council held on the 16th day of September 2003, and
that it was so adopted by the following vote:
AYES:. EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
r)AAAJ
Mi)Anne Peoples, City Cler
SAN -DIESO COUNTY UMDER'S FICE
GREGORY J. MITN, COUNTY ORDER
DOC q' S 2003-1427647
DEC 02, 2003
9:13 AN
RECORDING:
2B.00
ADD'L RECORDING:
24.00
MICRNICS:
1.00
TRIAL. COURT:
23.00
COPY: '
1.00
--
TOTAL: RE:
77.00
-jje TOTAL TENDERED:
77.00
_ - --
I
i,
i
r