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Covenant Regarding Real Property 2000-0264677DOC 2000-0264677 RECORDING REQUEST BY: TO: POWAY CA 92074-0789 No Transfer Tax Due MAY 22, 2000 8:31 AH COVENANT REGARDING REAL PROPERTY David DeConcini, 4-D Properties, PROPERTY OWNER ("OWNER" hereinafter) is th ! 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 323-190-75 ("PROPERTY" hereinafter). In consideration of the approval of MCUP00-003, Stallion Auto, by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, heirs, personal representatives, I : :1 assigns of the respective parties. In the event that MCUP00-003 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. In the event of litigation to enforce the p ' ' :this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. Dated: By:O~7~ - ~/~ David DeConcini (Notarize) Dated: CITY OF POW~.~// Niall Fdtz, Director of'Development Services CALIFORNIA ALL-PURPObg ACKNOWLEDGMENT State of ~ /¢~ ~(~/~/C/~- County of ~-~ ,F~'/~,/ On ~-//~/~'~) Date personally appeared person(,e~, acted, ¥ evidence OPTIONAL Signature of ~ota~ Description of Attached Document Title or' Signer(s) Other Capacity(ies) Claimed by Signer(a} [] Individual [] Title(s): [] Partner-- [] Limited ~ General [] Trustee [] Other: /~ndividual Title(s): [] Partner-- [] Limited [] General F~ Trustee [] Other: Prod. No. 5907 Exhibit A Parcel 2 of Parcel Map No. 9006, in the City of Poway, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 2, 1979. Assessor's Parcel No: 323-190-75 RESOLUTION NO. P-00-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING MINOR CONDITIONAL USE PERMIT 00-003 ASSESSOR'S PARCEL NUMBER 323-190-75 WHEREAS, Minor Conditional Use Permit 00-003, submitted by Adrian Setyadi, Applicant, is requesting approval to allow installation of aftermarket (wheels, tires, ground effects) and minor performance upgrades (air filters, headers, suspension systems, etc.) within 6,980 square feet of the existing 8,880 square foot building located at 14010 Poway Road within the Automotive General C zone; and WHEREAS, on Apdl 4, 2000, the City Council continued the item to April 18, 2000; and WHEREAS, on April 18, 2000, the City Council held a hearing on the above referenced item; and NOW, THEREFORE, the City Council does hereby follows: Section 1: Minor Conditional Use Permit 00-003 is Categorically Exempt from the California E Quality Act, Section 15301 (Class 1 existing facilities) because the use will operate within an existing building that was previously used 1'./cie :t repair. Section 2: The findings in compliance with Section 17.48.070 of the Poway Municipal Code for Minor Conditional Use Permit 00-003 are made as follows: That the location, size, design, and operating ch of the use are in accordance with the General Plan and the Zoning Ordinance in that a vehicle servicing use can be established within the ,~ General C zone with the approval of a :titional use permit. That the ] design and operating ch : th installation b I be compatible and will not have an adverse affect or be materially detrimental to adjacent uses, buildings, or structures, because the use will be located within an existing building, an 8 foot high masonry wall already exists along most of the common property line with adjacent residential development to the west and an additional length of 8 foot high wall will be added to buffer th from the adjacent single-family homes. That the I ~ operating ch ' ' ~th - lation use will not be detrimental to the public health, safety, or welfare, or materially - EXHIBIT B Resolution No. P-00-27 Page 2 injurious to properties or improvements in the area in that the use will operate with' .~ building which is served by adequate public facilities. That there will not be significant harmful effects upon quality and natural in that the use will operate within an existing building on a fully developed site and because special conditions of approval require that all hazarC be propedy stored and disposed in accordance with the County E Iai Health Department hazarC ~ That the g !traffic will not adversely impact the surrounding :l/or the City's Cimulation Element, in that the use will o1: ' ' .~ developed property wh ' 3 street imp :1 off-street parking are in place as provided by a 1983 City Council resolution for a prior use within the building on the site. That there are no other relevant negative impacts of the use that cannot be mitigated, in that if any negative impacts occur, the City may bring the MCUP back 1' i possible modil ~' The City Council hereby approves Minor Conditional Use Permit 00-003 to allow installation of 3proximately 6,980 square feet square feet of an existing building, as shown on plans dated February 8, 2000, at 14010 Poway Road, north of il :h Sudan Road within the Automotive General C zone subject to the following conditions: Within 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 owner shall execute a Covenant Regarding Real Property. The conditions of approval contained in Resolution No. P-83-05 for Variance 82-09 and Resolution No. P-83-06 for Development Review 82-03 shall remain in effect except as modified by this Resolution. This Minor Conditional Use Permit is granted in reliance upon the Reciprocal Access and Parking Agreement dated December 1984 and required pursuant to Resolution No. P-83-06 for Development Review 82-03. Within 30 days of the date of this approval or prior to establishment of the use pursuant to MCUP 00-003 which first, the existing auto detail business ("Dr. Detail") shall cease and the tent structures, fencing and barbed wire shall be removed to the satisfaction of the Director of Development Services. Any remaining fencing within the parking area shall not inhibit the use of required parking. Resolution No. P-00-27 Page 3 Within 60 days of the date of this approval, or prior to establishment of the use pursuant to MCUP 00-003 or prior to issuance of a building permit, whichever occurs first, the building and on-site parking shall be modified such that the building square footage does not exceed a parking demand of 23 standard spaces and one motorcycle space to the satisfaction of the Director of Development Services. All required permits from the City shall be obtained prior to initiation of any work. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and uses. Minor Conditional Use Permit 00-003 may be subject to annual review as determined by the Director of Development Services for compliance with the conditions of approval and to add that may h J during the past year. ^ Building Permit is required prior to the establishment of the use pursuant to MCUP 00-003. Prior to ' : a building permit, the applicant shall comply with the following: Tenant improvement plans incorporating all conditions of approval shall be submitted to the Building Division for review and approval. During this review process, the tenant improvement plans shall be routed to the Fire Marshal t' :1 approval. The imp shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ord' effect at the time of building permit issuance. A landscape plan and revised site plan shall be submitted for approval by the Director of Development Services. The plans shall show the following: A striping plan for the parking lot showing a ' ' : 23 parking spaces, including one parking space accessible to persons with physical disabilities with ' ' '3ht foot wide loading/unloading aisle, and one motorcycle space. Landscaping within the front yard setback along Poway Road showing a ' ' ~ three 15 gallon street trees a of 30 feet on · ' five gallon shrubs, and ground :1 by a Resolution No. P- 00-27 Page 4 permanent irrigation system. The existing utility box shall be screened and the location of the proposed : sign shall be noted. Landscaping in front of the building and along the western property line shall be shown. The location and design of the eight foot high wall along the western property line starting at the 1 : the existing wall and extending north the entire length of the property line shall be submitted for approval to the Development Services Department, Planning Division. The color and : the wall shall be d :1 compatible with the existing wall. Any changes ( design) to the extedor of the building shall be coordinated with the ~itect of the property and a building permit shall be obtained 1' ~.h 'terations to the building facade, so that they lance with the Poway Road Specific Plan. Extedor building modifications shall be subject to the approval of the Director of Development Services prior 1 ! a building permit. The plans submitted to the Building Division shall show a spill containment area in the service bay area to insure that accidental hazardous materials spills or leaks can be effectively contained. Prior to establishment of the use pursuant to MCUP 00-003, the applicant shall comply with the following: All imp 3own on the approved building plans, landscape plans and site plan shall be installed to the satisfaction of the Department of Development Services, Building Division, Planning Division and Engineering Division and the Department of Safety Services. A solid metal gate painted to match the trash 3all be installed on the trash to the of the Director of Development Services. ^ "Do Not Enter" sign shall be installed at the driveway exit onto Pomerado Road to th = the City Traffic Engineer. Th Rail be identified by an alpha designator (Suite A, B, C, etc.) under the existing address. Resolution No. P-00-27 Page 5 Upon establishment of the use in the following conditions shall apply: :)on this :titional use permit, The hours of operation for repair and service shall be limited to 9:00 a.m. to 6:00 p.m., Monday through Saturday. Any signs proposed for this development shall be designed and approved in :h the City of Poway Sign Ordinance by separate permit. Handling and disposal of vehicle related materials and chemicals shall comply with required federal, state and county health and safety standards. Any air compressor units used for the business shall be enclosed within sound absorbing cabinets or within a completely enclosed room while in operation. The service, repair and installation work is to be conducted inside the building. Any test drives are to be conducted on main streets and not on residential streets. Vehicle engines shall not be revved or operated in a manner that will generate loud disturbing noise on the outside of the building. Applicant shall not store flammable and/or combustible liquids to the sat ~the Fire Marshal. Applicant shall comply with requirements of the Uniform Fire Code for purposes of operating a business. 10. If any modifications to the existing buildings should occur, plans shall be submitted for approval prior to initiating the work. 11. No outdoor display of merchandise or motorcycles is allowed except as permitted by a temporary use permit or other provisions of the Poway Municipal Code. 12. A minimum of 23 car spaces and seven motorcycle spaces (including one parking space accessible to persons with physical disabilities) shall be :1 available for use at all times. Resolution No. P-00-27 Page 6 This approval shall become null and void if the vehicle service and repair business has not begun operation within two years from the date of the approval of Minor Conditional Use Permit 00-003. Se( If the veh :1 repair use is discontinued for a period of more than 180 days, this permit shall no longer be in effect. PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, at a reg ' Mich ATTEST: Lod~Anne Peoples, City Clerk STATE OF CALIFORNIA ) I~ ~1~ ~$, Crl~ CtB~K COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerl~ of the City of Poway, do hereby certify under the penalty of perjury that the foregoing Resolution No. P- 00-27 , was duly adopted by the City Council at a meeting of said City Council held on the 18th day of April, 2000 and that it was so adopted by the following vote: AYES: HIGGINSON, REXFORD, CAFAGNA NOES: GOLDBY ABSTAIN: NONE ABSENT: EMERY ~n: Fec~ples, C ~~Cler~I~ City of Poway