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Covenant Regarding Real Property 2000-0680028CITY OF POWAY CITY CLERK TO: 2217 DOC--tt 2000-0880028 DEC 14, 2000 8:.34 ICI~L ~E ~ BAN DIEG COUNTY RE ER'S B~FICE GREGORY . BMITH, - TY REOBR~ER EES: .00 AM No Transfer Tax Due commonl ' C~ty of P ay[ (Exhibit). This owners, ,il OWNERS [ : 34 I, '~ hereinafter). run with the land and be binding upon and inure heirs, personal are the future and assigns of the CITY Dated: AO~" "~ .Dated: ~ I~j~ 9 OWNERS: I~iark Brenner (Notarize) Brenner (Notarize) Dated: DSE ACKNOWleDGMENT 2218 State of California County of pers onally'-'appe ared [~personally known to me before me, - oR- [] SS. _7 (N(YTARY) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed lo the with' 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 ' the person(s), or the entity upon behalf of which the person(s) acted, executed the ' WITNESS my hand and official seal. OPTIONAl, INFORI~kTION However, CAPACITY CLAIMED BY SIGNER (PRINCIPAL) TITLE(S) [] OTHER: SIGNER IS DESCRIPTION OF ATTACHED DOCUMENT OTHER APA l~4 - 221.9 EXHIBIT A Parcel B of Parcel Map No. 13746, in the City of Powa¥, Count,/of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 10, 1985. Parcel No: Exhibit B - RESOLUTION NO. P- ,~0-37 2220 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 99-13 AND MINOR DEVELOPMENT REVIEW 99-144 ASSESSOR'S PARCEL NUMBER 275-460-64 WHEREAS, Conditional Use Permit 99-13 and Minor Development Review 99-144 were submitted by Mr. and Mrs. Mark Brenner, for the purpose of establishing a mixed use (live/work space) combining an existing house and office and the construction of a new 1,051 square foot office building to house a newspaper publishing b a .5 acre lot located at 12708 Monte Vista Road, in the CO zone. WHEREAS, on April 25, 2000, the City Council held a duly advertised public headng to solicit comments from the public, both pro and con, relative to this application; and NOW, THEREFORE, the City Council does hereby follows: Conditional Use Permit 99-13 and Minor Development Review 99-144 are determined to be Categorically Exempt under the provisions of the California E Iai Quality Act, Class 3 the construction of a new small structure. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal 'Code for Conditional Use Permit 99-13 approving the establishment of a mixed use project containing a live/work space and made as follows: The project ' : with the General Plan in that a mixed use land use is permitted with benefit of a conditional use permit. That the location, size, design, and operating ch ~ the use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, structures, or natural in that the project is located on a property adjacent to existing retirement and medical facilities which are of a g ¥ and scale than the approved project. That the harmony in scale, bulk, coverage, and density is I with adjacent uses, because the site will be developed with 1' ri buildings which have been designed to be compatible with surrounding structures. That 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. That there will not be a harmful effect upon desirable neighborhood characteristics, in that the facility has been designed with architectural reference to the buildings surrounding it. ( (. 22 . Resolution No. P- 00-37 Page 2 That the generation of traffic will not adversely impact the surrounding streets and/or the City's transt: in that the use will be operated by the resident owners of the I: 'th a ' ' Iside staff. Parking will be adequate given the scale of the proposed use. That the site is suitable for the type and intensity of the use, in that it is an area designated for public and semi-public uses and this business is small .I intensity than adjoining land uses. That there will not be significant harmful effects Ul: ~al quality and natural in that the site had been previously graded and is landscaped with vegetation. No natural habitat exists on the property, That there are no otb cannot be mitigated. negative impacts of the development that The impacts, as described in subsections (A) through (I) of Sec. 17.48.070, and the location, size, design and operating characteristics of the approved 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. The proposed conditional use will comply with each of the applicable p ' ' i Sec. 17.48.070 of the Poway Zoning Code. Section 3: The findings, in accordance with Section 17.52 of the Poway Municipal Code for Minor Development Review 99-144 approving th *'a 1,051 square foot office building along with the remodeling of the existing home are made as follows: The development will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties because the buildings have been designed to be architecturally compatible with in the area. The development encourages the ordedy and h st :1 property within the City through il Poway development standards. appearance of / with the City of 22'22 Resolution No~ P- 00 - 3 7 Page 3 Section 4: The finding lance with public imp made as follows: l Code Section 66020 for the Additional sewer impacts are expected to be generated by the use of the new 1,051 square foot office building. The sewer impact fee is based on new square footage and gives credit for the existing home. Additional traffic impacts will occur as a result of the establishment of an office building and ' use on the property. The added fee is based on a "trip generation" formula for the new building only. Section 5: The City Council hereby approves Conditional Use Permit 99-13 and Minor Development Review 99-144 to allow for a mixed use live/work complex which includes an existing single-family home and the construction of a new office building, subject to the following conditions: Within 30 da,? of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood and (2) the property owner shall execute a Covenant on Real Property. The uses conditionally granted by this approval shall not be conducted in such a to interfere with th 31e use and enjoyment of the surrounding residential and ' 'uses. The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the condit' ' :t herein. The applicant shall comply with the Poway Municipal Code and the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances. If a grading permit is required, it must be obtained prior to issuance of a building permit. Compliance with the following conditions is required prior to f a grading permit: If grading is to exceed 50 cubic yards of earthwork, or if the cut is more than two feet and the fill is more than one foot, then the applicant shall apply for a grading permit and submit a grading plan for review and approval to the City's Development Services Department. If it is determined that grading does not exceed 50 cubic yards and a grading permit is not required, then the applicant shall Resolution No. P-00-37 Page 4 provide a certification from a State Registered Civil Engineer indicating, the quantity of earthwork involved and pay a $500 inspection fee prior to building permit' A grading plan, if required for the development of the lot, shall be submitted to the Development Services Department, Engineering Division, f and approval. As a ' ' the grading plan shall show the following: All new slopes with a slope. 2:1 (horizontal to vertical) bo Driveways, in compliance with the specifications provided in Section 17.08.170D of the Poway Municipal Code, and including minimum structural sections together with their elevations and grades. A separate erosion control plan for prevention of sediment runoff during do All utilities (proposed and existing), together with their appurtenances and :1 Is. Encroachments are not permitted upon any I without an approved encroachment agreementJpermit. so Locations of all utility boxes, cleady identified in coordination with the respective utility companies and approved by the City prior to any installation work. Tops and toes of graded slopes shall be shown with a minimum five foot setback from open space areas and property lines. Buildings shall be located at least five feet from tops and toes of slopes, unless waived by the Planning Division and/or Engineering Division prior to fa grading permit. A soils/geological report shall be prepared by an engineer licensed by the State of California to perform such work and shall be submitted with the grading plan. A drainage study using the 100-~ frequency cdteda shall be submitted with the grading plan. The drainage system shall be capable of handling and disposing of all surface water within the 222 Resolution No. P- 00-37 Page 5 project site and all surface water flowing onto the project site from adjacent lands. Said system shall include all required to propedy handle the drainage. Concentrated f~ driveways are not permitted. o The applicant shall pay all applicable engineering, plan checking, permit, and inspection fees. The applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that effectively addresses the ' of the storm drain system. The SWPPP shall include, but not be limited to, an effective method of hillside erosion and sediment control, a matedal storage site, to protect construction material from being exposed to storm runoff, protection of all storm drain inlets, truck wash and waste control, and other means of Best Management Practices to effectively eliminate pollutants f ;] the storm drain sv~*em. The applicant shall certify the SWPPP pdor to approval of the grading and improvement plans. The SWPPP may be ' ',ed with the erosion control plan, but shall be under separate cover from the grading and improvement plans. Grading securities in the form of a I: bond and a cash deposit or a letter of credit shall be posted with the City. Compliance with the following conditions is required during grading construction: The site shall be developed in accordance with the approved site plans on file in the Development Services Department and the condit' ~ herein. Grading shall I: Jance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. E Irol, including but not limited to desiltation basins, shall be installed and ' ~ ' :1 by the developer from October 15 to April 15. The developer shall maintain all erosion control devices throughout their intended life. Prior to start of any work within City-held '3hts-of-way, a right-of-way permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit' - 2225 - Prior to building permit' following: Resolution No. P- 00-37 Page 6 the applicants shall comply with the A detailed landscape and irrigation plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. Plans shall be prepared in accordance with the City of Poway Guide to Landscape Req (latest edition). Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. Rough grading is to be completed and meet the approval of the City inspector and shall include submittal of the following: a. A certification of line and grade for the lot, prepared by the engineer of work. b. A final soil compaction report for the lot for review and approval by the City. The following development fees shall be paid. These fees are currently in effect, and are subject to change without notice: Water The property ' ~3 %" meter. If the building is required to be fire sprinklered, the meter shall be up sized to one inch and a fee of $140 shall be paid. If the existing % 3 sized to one inch as well due to the one inch meter, a fee of $1,350 for the service shall be paid. Since there is an existing structure on this lot, the San Diego County Water Authority Fee and expansion fees are not required. Sewer Existing square footage = 2,285 sf. Proposed office = 1,051 sf. 1,051 2,285 = 0.46 x $2,356/EDU = $1,084 Resolution No. P- 00- 37 Page 7 Traffic (20 trips/I,000 sf) (1,051 sf)($66)(0.25) = $347 Prior to occupancy, the applicant shall comply with the following: All conditions of approval contained herein shall be completed to the satisfaction of the Director of Development S ri the Director of Safety Services. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surfaces 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 The road surfac~, type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. A K .y key box shall be required for the building at a location determined by the City Fire Marshal. The box shall be obtained through the Fire Department. = Permanent Jways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. Minimum 2A:10BC fire extinguisher(s) are required for 3,000 square feet and 75' of travel distance. Driveways, drainage facilities, slope landscaping and protection utilities, water and ~all be constructed, completed, and inspected by the Engineering Inspector. The driveway shall be :1 in Municipal Code Section 17.08.170D and il shown on the site plan. accordance with Poway section shall be An adequate drainage system around the building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. The existing driveway apron on Monte Vista Road shall be removed and replaced with full height curb, gutter, and sidewalk. This work 2227 Resolution No. P- 00-37 Page 8 shall include all :1 pavement removal~ :ljacent to the curb. All imp onsite and offsite, shall be inspected by the Engineering Inspector, 10. The existing ground cover along the southwesterly portion of the property has grown over the public sidewalk on Monte Vista Road, reducing the width of the sidewalk. This ground cover shall be trimmed to eliminate all vegetation growth over the sidewalk. 11. The mail box on Monte Vista Road shall be located on private property to prevent encroachments into the public fight-of-way. 12. The final site plan shall d le that the proposed do not encroach upon or interfere with any of the utility and City :s as listed in the title report. 13, All proposed L'tilities within the project site shall be installea underground. 14. Record drawings of the grading plan, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading 15. Street trees, ' ' : 15 gall larger, shall be installed in accordance with the project's approved landscape plan and shall be planted at an average of 30 feet on center spacing along all streets. Every effort shall be made to retain the existing street trees. Additional trees may be required to meet City standards. Upon establishment of the use, the following conditions shall apply: 1 Hours of operation shall be limited to 6:30 a.m. to 6:00 p.m. daily. 2. No on-street parking for eith Iaff shall be permitted. All landscaped areas shall be :1 in a healthy and thriving condition, free from weeds, trash and debds. Any signs proposed for this development shall be designed and approved in 'Ih the Sign Ordinance. Resolution No. P- 00-37 Page 9 ~ { This approval shall become null and void if building permits for this project are not issued by April 25, 2000 at 5:00 p.m. Section 7: Pursuant to I Code Section 66020, the 90-day approval period in which the applicant my protest the imposition of any fees, dedications reservations, ~osed pursuant to this approval shall begin on Apd125, 2000. Section 8: The terms and conditions of Conditional Use Permit 99-13 and Minor Development Review 99-144 shall be binding upon the permittee and all persons, firms and corporations having : in the property subject to these permits and the heirs, executor, administration, and assigns of each of them, including municipal corporations, public ag :1 districts. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 25th day of April, 2000. ATTEST: Lori Anne Peoples, City CI6¢k Michael P. Cafagna, 2229 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. Resolution No. P- 00- 37 Page 10 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- 37 was duly adopted by the City Council at a meeting of said City Council held on the 25th day of Apdl, 2000, and that it was so adopted by the following vote: AYES: GOLDBY, NOES: NONE ABSTAIN: EHERY ABSENT: REXFORD HIGGINSON, CAFAGNA nne Peoples, City Clerk City of Poway