Covenant Regarding Real Property 2001-0289529I
RECORD ING'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
DOC 0 2001- 0209529
MAY 08,, 2001 2;:03
6993 OFFICIAL RECORDS
SAN DIEGO COLNTY RECORDER'S OFFICE
GRE60RY J. SMITH, MOM RECORDER
FEES: 28.00
iBi�91�M19191li
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
TECH BUSINESS CENTER: L. L. C., PROPERTY OWNERS ("OWNERS" hereinafter) are-the
owners of real property described in Exhibit A which is attached hereto and made a part hereof and
which is:commonly known as Assessor's Parcel Number 317 - 271 -15 ( "PROPERTY" hereinafter). In
consideration of the approval of Conditional Use Permit 00 -23 for Red Spot Paint and Varnish
Company, Inc. by the City of Poway ( "CITY" hereinafter), OWNERS hereby agree to abide by
conditions of the attached Resolution (Exhibit B).
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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In the event that the Conditional Use Permit 00 -23 expires or is rescinded by City Council at the
request of the OWNERS, the CITY shall expunge this Covenant from the record title of the
PROPERTY.
In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, including reasonable attorney fees, from the other party.
,'PI`I.I�Ic7
TECH BUSINESS CENTER, L. L. C.
By Tpohbilt Cgristruction Corp., Managing Member
Dated: 7/ P
Paul K. Tchan , Pr sident
By Bothwell International Ltd., Member
Dated:
Neville F. Bothwell, General Partner
CITY'OF POWAY
AY
Dated: J 0 f By: ///�
Niall Fritz, Director of Develop a ervices
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M % C26STtY' DO p 3 0 I'ON
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CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTYOF. San Diego
On April 26, 2001 before me, Michelle S. Barnes, Notary Public
—
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared, Neville F. Bothwell and Paul K. Tchang
personally known tome (or proved tome on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
MICHEL E S. BARNES
WITNESS my hand and official seal. 0 comm. 91272969
'S
NOTARY PUBLI4CALIFORNIA
SAN DIEGO COUNTY 0
comm. EXP. AUG. 23,"m
(SEAL)
NOTARY PUBLIGSIGNATURE
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT Covenant Regarding Real Property
DATE OF DOCUMENT April 26, 2001. NUMBER CIFPAGES
SIGNER(S) OTHER THAN NAMED ABOVE
LEGAL DESCRIPTION
7000
ORDER NO. 1249586-11
THE LAND REFERRED TO HEREIN JS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 15, OF CITY OF POWAY TRACT 86- 02R(I) POWAY CORPORATE CENTER UNIT 1, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12853, FILED IN THE; OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 19, 1991.
SEPTEMBER 11.20004:08 PM EB
PAGE
EXHIBIT B • 7001
RESOLUTION NO: -P- 00 -96
A RESOLUTION OF THE 'CITY" COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 00 -23
ASSESSOR'S PARCEL NUMBER317- 271 -15
WHEREAS, Conditional °'Use Permit 00 -23 wasssubmitted by Bill Holsapple, Red
Spot Paint & Varnish Co., Applicant, to allow the establishment`of'a new product
division for the company With a sports coating tintadjustment lab, finished goods
storage and distribution (2;000 to 3;000 gallons of paint in existing liquid storage rooms)
within an existing 7;503 - square foot building on a 0.52 -acre parcel at 12150 Dearborn
Place within the Industrial Park (IP) land use designation of'the South Poway Specific
Plan and
WHEREAS_ , on December 12, 2000, 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, the City Council does hereby resolve as follows:
Section 1: Conditional Use: Permit 00 -23 is hereby --found to be categorically exempt:
from the California Environmental Quality Act pursuant to. Section 1.5301 (Class 1)
because, the project,involves occupancy.of an existing building that was,designed for
storage of limited amounts of hazardous substances.
Section 2: The findings, is accordance with Section 17.48.070 of the Poway
Municipal Code for Conditional Use Permit 00 -23 to allow a company with a sports
coating tint adjustment lab; finished goods storage and distribution of paint :as a use per
the South Poway Specific. Plan 'Development Standardw requires a Conditional Use
Permit under the category of warehousing or distribution ,of 'hazardous
materials /chemicals, fuels, warehoused and distributed as packaged when received, at
12.1'50 Dearborn Place within the'Industrial Park (IP)'land use designation, arermade as
follows.
A. The project is consistent with the General Plan as,it designates this site:for
Industrial Park uses, including a use that involves storage:of limited quantities of
hazardous substances, in the South Poway Planned Community (PC) zone with
the Industna Pa kf and Light Industria uses. The efo ei, he typical d other
proposed location, size,
design and operating characteristics of the proposed use are in accord with the
title and purpose of this title, the purpose of the zone in which the site is located,
the City's General'Plan, and the development: policies and standards of the City.
+♦ '7002
Resolution No. P- 00 -96
Page 2
B. The location; size, design, and operating characteristics of the use Will be
compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses; buildings, structures, or natural resources, as the building is
designed to store limited amounts of hazardous materials. The facility will not
create noise impacts.
C. The harmony in scale, bulk, coverage, and density is consistent with adjacent
uses because;the 7;500- square -foot building was built and designed per the
South Poway Development Standards.
D. There are available public facilities, services, and utilities because the use will
be located in a development where all necessary facilities are already in place.
E. There will not be a° harmful effect upon desirable neighborhood characteristics
as the site is within a business park and faraway from residences.
F. The generation of- traffic will not adversely impact the surrounding streets and /or
the City's Transportation Element as the use will operate with small amounts of
traffic.
G. The site is suitable for the type and intensity of the use in that it is an area close
to a major arterial roadway and installed within an existing business park.
H. There will be no significant- harmful effects upon environmental quality and
natural resources as the facility will not create any new development on the
property.
I. There are no other relevant negative impacts of the development that cannot be
mitigated.
J. The impacts, as described above, and 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 and the South Poway
Specific Plan.
K. The proposed conditional use will comply with each of the applicable
provisions of Poway Municipal Code Sec. 17.48.070.
0 0 '7003
Resolution No. P- 00 -96
Page 3
Section 3: The City Council hereby approves CUP 00 -23 to allow a company with a
sports coating tint adjustment lab, finished goods storage and distribution of paint as a
use per the South Poway Specific Plan Development Standards requires a Conditional
Use Permit under the category,of warehousing or distribution of hazardous
materials /chemicals, fuels, warehoused and distributed, as packaged when received, at
12150 Dearborn Place within the Industrial Park (IP) land use designation, as shown on
the plans dated September 13, 2000, subject to the following conditions.
A. Approval of this CUP request shall not waive compliance with all sections of the
Zoning Ordinance'<and all other applicable City ordinances in effect at the time of
building permit issuance.
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 applicant shall execute a Covenant on Real Property.
C. A Building Permit shall be obtained prior to establishment of the use.
D. Prior to issuance of a Building Permit, the applicant shall comply with the
following:
The applicant shall comply with the latest adopted Uniform Building'Code,
Uniform Mechanical Code, National Electric Code, Uniform Fire Code, and
all other applicable codes and ordinances in effect at`the time of building
permit issuance.
2. Adhere to the recommendations and requirements as outlined in the
Technical Report Hazardous Materials Operations Code Requirements &
Conditions as prepared and dated June 30, 2000, by Erickson -Rattan
Associates, Inc., as determined by the Director of Safety Services.
Additional fire protection shall be required as determined by the Director
of Safety Services if the amount of paint and varnish stored within the
building increases.
E. Prior to obtaining a Final Inspection on the permits, the applicant shall comply
with the following:
The project shall conform to the Building Permit plans in accordance with
the approved floor plan on file in the Development Services Department
and the conditions contained herein.
0 7004
Resolution No. P- 00 -96
Page 4
2. The project shall conform to all of the requirements of the Director of
Safety Services.
F. Upon establishment of the sports coating facility pursuant to CUP 00 -23, the
following shall apply:
1. All facilities and related equipment, including lighting, shields; cabinets,
and poles, shall be maintained in good repair, free from trash, debris, litter
and graffiti and other forms of vandalism. Any damage from any cause
shall be repaired as soon as reasonably possible sous to minimize
occurrences of dangerous conditions or visual blight.
2. The owner or operator of the facility shall routinely and regularly inspect
the business to ensure compliance with the standards set forth in this
permit. They shall comply with the Building and Fire Codes as
determined by the Director of Development Services and the Director of
Safety Services.
3. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. The trees shall be
encouraged and allowed to retain a natural form. Pruning shall be
restricted to maintain the health of the trees and to protect the public
safety. Unnatural or excessive pruning, including topping, is not
permitted.
4. The use of the subject property for the purpose of a sports coating
business shall run with the land so long as the applicant complies with the
terms of this permit.
5. This Conditional Use Permit may be subject to annual review, as
determined by the Director of Development Services; for compliance
with the conditions of approval and to address concerns that may have
occurred during the prioryear.
Section 4: The approval of CUP 00 -23 shall expire on December 12, 2002, at 5:00
p.m. unless, prior to that time, a Building Permit has been,issued and construction on
the property in reliance on the CUP approval has commenced prior to its expiration.
0
0
7005
Resolution No. P- 00 -96
Page 5
PASSED, APPROVED AND ADOPTED by the City Council of the City of'Poway,
State of California, this 12th day of December 2000.
ATTEST:
Lon Anne 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- 00 -96 was duly adopted by
the City Council at a meeting of said City Council held on the 12th day of December
2000, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
4mi-e Q11 l al . I I (arc
Lori Anne Peoples, City Clerk
City of Poway
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