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Covenant Regarding Real Property 1988-485941r 11 0 169891 RECORDING REQUEST BY : OF S - - CITY OF POWAY ) Be SEP 26 PN 1.37 WHEN RECORDED MAIL TO: ) € SERA L LYL C'U NTY REC'OROE CITY CLERK ) CITY OF POWAY ) 144 P.O. BOX 789 ) POWAY, CA 92064 ) MRFNo Transfer Tax Due (This space for Recorder's use) COVENANT REGARDING REAL PROPERTY James D. Kunzman, a single man ("OWNER" hereinafter) is the owner of real property described as the westerly 270.00 feet of the easterly 1155.00 feet of Lot 2 in Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, according to the United States Government Survey, approved February 24, 1876. Excepting therefrom the northerly 939.46 feet thereof and which is commonly known as 13680 Poway Road, Assessor's Parcel Number 323-201-22 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 85-17 by the City of Poway ("CITY" hereinafter), OWNER hereby covenants and agrees for the benefit of the CITY, 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, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. OWNER agrees that OWNER's duties and obligations under this Covenant are a lien upon the Property. If either party is required to incur costs 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. The CITY may assign to persons impacted by the performance of this Covenant the right to enforce this Covenant against OWNER. Dated: / 6 ,T_ OWNER (Notari Dated: / CITY OF POWAY By ;a)ko- W � No need to Not ize CAT. NO. NNO0627 TO 1944 CA (1-83) TICOR TITLE INSURANCE (Individual) (O STATE OF CALIFORNIA COUNTY OF A �� ; t, c5 SS. On i r J before said State, personally appeared I , personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name f S subscribed to the within instrument and acknowledged that kt . exe- cuted the same. WITNESS1mynd and official seal. Signaturecj-y`� c. the undersigned, a Notary Public in and for OFFICIAL SEAL 1) CONNIE LYNN CAMERON ai NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires MAY 27, 1989 (This area for official notarial sea]) RESOLUTION NO. P-88-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 85-17A ASSESSOR'S PARCEL NUMBER 323-201-22 WHEREAS, Conditional Use Permit 85-17A, submitted by ALBA Yamaha, applicant, requests an amendment to the conditions of approval for a.motorcycle sales and service use in an existing building for the propety located at 13860 Poway Road, in the CG (Commercial General) zone; and WHEREAS, on May 24, 1987, the City Council held a duly adver- tised 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: Environmental Findings: A Negative Declaration has been issued for this project. The modification to the approved project will not create additional negative impacts; therefore, the existing Negative Declaration satisfies the requirements. Section 2: Findinqs: 1. The location, size, design, and operating characteristics of the motorcycle sales and service use with recommended modifications will not adversely affect or be materially detrimental to adjacent uses, structures, residents, buildings, or natural resources because the City has received only a few complaints during the past two years, and these complaints have now been resolved. 2. That the harmony in scale, bulk, coverage and density is consistent with adjacent uses because the project complies with the standards of the Zoning Development Code. 3. That there will not be a harmful effect upon desirable neighborhood characteristics because staff will annually review the site for compliance with the conditions of approval. 4. The site is suitable for the type and intensity of use or development because even with the provision for the use of four automobile parking spaces as motorcycle display areas, the site can still provide an adequate number of parking spaces to serve the existing uses. Resolution No. P - Page 2 5. That there are no other relevant negative impacts of the proposed use that cannot be mitigated. Section 3: City Council Decision: The City Council hereby approves CUP 85-17A subject to the following conditions: 1. Within 30 days of approval, the applicant: (1) shall sub- mit in writing that all the conditions of approval have been read and understood; and (2) the property owner shall execute a Notice of Restriction on Real Property. 2. Five automobile parking spaces at the corner of Poway Road and Evanston Drive may be used as motorcycle display areas in addition to the approved display area in front of the building. 3. Condition No. 10 of P-86-09 shall be amended as follows: The Planning Department shall conduct an annual review of CUP 85-17A for compliance with the conditions of approval. If the department has received complaints, or the use is not in compliance, the review shall be forwarded to the Council who may add new conditions to the permit. 4. All other conditions of City of Poway Resolution No. P-86-09 shall apply. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 24th day of May, 1988. Robert C. Emery, yor ATTEST: Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) 173 Resolution No. P-88-67 Page 3 I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-88-67 , was duly adopted by the City Council at a meeting of said City Council held on the 24th day of May 1988, and that it was so adopted by the following vote: AYES: HIGGINSON, BRANNON, TARZY, EMERY NOES: NONE ABSTAIN: NONE ABSENT: KRUSE R/R-5-24.5-7 Marjoti K.'Wa lsten, Ci y Clerk City of Poway • 174 RESOLUTION NO. P-86-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 85-17 ASSESSOR'S PARCEL NUMBER 323-201-22 WHEREAS, Conditional Use Permit 85-17, submitted by Bruce Carey, applicant, requests a motorcycle sales and service use in an existing building for the property located at 13860 Poway Road, in the CG (Commercial General) zone; and WHEREAS, on February 18, 1986, 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: Findings: 1. That the location, size, design, and operating charac- teristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources; ' 2. That the harmony in scale, bulk, coverage, and density is consistent with adjacent uses in that the existing one- story building is similar in height to the other single family residences in the area; 3. That there are available public facilities, services, and utilities; 4. That there will not be a harmful effect upon desirable neighborhood characteristics in that the concrete block ` wall fence along the northerly property line will help to mitigate noise impacts from the commercial uses; 5. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that additional traffic generation fees are required with the change in use to mitigate impacts; 6. That the site is suitable for the type and intensity of use or development which is proposed in that other commer- cial uses are located along Poway Road; 7. That there will not be significant harmful effects upon environmental quality and natural resources; 8. That there are no other relevant negative impacts of the proposed use that cannot be mitigated; and 175 . Resolution No. P-86-09 Page 2 9. That the impacts, as described above, and the location of =y the proposed use will not adversely affect the City of Poway General Plan for future as well as present development. Section 2: Environmental Findings: This item is exempt from environmental review under the provi- sions of the California Environmental Quality Act, and the City of Poway Procedures to Implement CEQA. A Categorical Exemption, Class 1, has been issued. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 85-17 subject to the following conditions: 1. Within 30 days of approval, the applicant shall submit in writing that all the conditions of approval have been read and understood. 2. Test runs of repaired motorcycles are prohibited in the driveway behind the building and the northerly property line. Hours of test runs ,are limited to 9:00 a.m. to 6:00 P.m., Monday through Saturday and shall be conducted in the Poway Road (front) parking area with no test runs occurring on Evanston Drive or other residential streets in the area. 3. The asphalt area along the westerly property line between the parking lots shall be repaired to the satisfaction of the Directors of Public and Planning Services. The appli- cant shall have 120 days from the opening of the business to complete this condition and shall be reimbursed for half of the cost of said improvement by the adjacent pro- perty owner to the west when a development permit is approved for that property. 4. The area behind the building, as identified on Attachment 4B of the staff report, shall be striped for motorcycle parking to City standards. 5. A 20 foot wide striped fire access lane shall be installed between the five foot planter strip and the northerly. building wall to City standards and Attachment 4B of the staff report. No storage of motorcycles or other vehicles or equipment shall occur in this area. a_ 6. The area between said fire lane and building wall, west of the trash enclosure, shall be striped and designated as a -} loading zone. . 176 Resolution No. P-86-09 Page 3 7. A four foot concrete block wall fence shall be constructed to screen the service entrance. The specific design, location, and materials shall be to the satisfaction of the Director of Planning Services. 8. The exterior of the building shall be painted to the satisfaction of the Director of Planning Services. 9. The servicing and repairing of motorcycles either by employees or customers is permitted only within the building. 10. Conditional Use Permit 85-17 shall be reviewed by the City Council on an annual basis for compliance with the con- ditions of approval and to address any complaints. 11. A 24-hour low pressure sodium lighting system shall be installed behind the building and in the service entrance area to the satisfaction of the Director of Planning Services. 12. The six foot concrete block wall fence along the northerly property line shall be tapered at the easterly and westerly terminus of said wall and painted to match the building to the satisfaction of the Director of Planning Services. 13. A public audio or paging system shall not be permitted. Section 4: City Council Decision: The City Council hereby approves Conditional Use Permit 85-17 subject to the following Standard Conditions: I. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. SITE DEVELOPMENT 1. Revised site plans and building elevations incorporating all con- ditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. 2. Approval of this request shall not waive compliance with all sec- tions of the Zoning Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. 3. Prior to any use of the project site or business activity being „.� commenced thereon, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. : 1'7'7 Resolution No. P-86-09 Page 4 r 4. The applicant 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 ordinances in effect at the time of building permit issuance. 5. 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 Service Fees. These fees shall be paid prior to building permit issuance. 6. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast with their background color. B. PARKING AND VEHICULAR ACCESS No Conditons C. LANDSCAPING 1. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. D. SIGNS 1. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. E. RECREATION No Conditions F. EXISTING STRUCTURES No Conditions G. ADDITIONAL APPROVALS REQUIRED 1. The applicant shall provide verification of State Board of Equalization notification and that appropriate reviews and/or approvals have been accomplished to the satisfaction of the Director of Administrative Services. II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. GRADING No Conditions I. STREETS AND SIDEWALKS 1. Street striping and signing shall be installed to the satisfaction of the Director of Public Services. k 178 0 Resolution No. P-86-09 Page 5 2. Prior to any work being performed in the public right-of-way, an encroachment permit shall be obtained from the Public Services office and appropriate fees paid, in addition to any other permits required. 3. The developer shall pay the Traffic Mitigation Fee at the established rate prior to building permit issuance. J. DRAINAGE AND -FLOOD CONTROL No Conditions K. UTILITIES No Conditions L. GENERAL REQUIREMENTS AND APPROVALS No Conditions APPROVED and ADOPTED by the City ou Cil of the City of Poway, State of California, this 18th day o Fe�ruary, 1986. ATTEST: Marjorie K. Wahlsten, City Clerk l Carl R. Kruse, Mayor