Covenant Regarding Real Property 1995-0315448
CITY OF POWAY
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1545
DOC " 1995-~315448..--
25-JUL-1995 08=36 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH. COUNTY RECORDER
RF: 15.00 FEES: 37.00
AF: 21.00
I!F: 1. 00
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
(ThiS space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Roger Mohrhoff, Trustee of the Mohrhoff Family Trust ("OWNER" hereinafter) is the owner 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 314-710-14 (PROPERTY" hereinafter). In consideration of the approval
of Conditional Use Permit 95-05 and Development Review 95-08, Outback Steakhouse 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, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Conditional Use Permit 95-05 and Development Review 95-08 expires or is
rescinded by City CouncU at the request of the OWNER, CITY shall expunge this Covenant from the record
title of 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:
7 ~ "VIS"
CITY OF POWAY
Dated:
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LEGAL DESCRIPTION
1546
PARCELS 3, 6, 8 AND 11 OF PARCEL MAP NO. 15808, IN THE CITY OF POWAY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP ON FILE IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1989.
EXHIBIT A
caLIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No_ 5907
G.CL1t fv( VI!~
County of O{CG{1~
On Jul~ Jf Iqq c; before me,~(ISf,N~TIT:OF~C~~~A~E~~~B~~b('l~
personally appeared i(o~ fYtDhr VlOf-f'
NAME(S) OF SIGNEA(S)
o personally known to me - OR -l:ZJ'-proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)@are
subscribed to the within instrument and ac-
knowledged to m?::~at@/she/they executed
the same in ~her/their/",,~uthorized
capacity(ies), ana that by ~her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
State of
1:)41
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@'_"'CHRlSTlNAA..BURKART f
- COMMISSION #1008487 ;J;
Q. N~~~.~j~ E
I ORANGE COUNTY 2
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WITNESS my hand and official seal. ,
(I - /).. 1-
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SIGNATUAE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTIDN OF ATTACHED DOCUMENT
TITLE(S}
~:oveM~t 1k)(Ir~ f2wJ. p({)(XNf-v.
TITLE OR TYPE OF DOCUMENT J
o PARTNER(S)
o LIMITED
o GENERAL
o ATTORNEY-IN-FACT
s.. TRUSTEE(S)
TI GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON{S) OR ENTlTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
--. ---.--
154d
RESOLUTION NO. P- 95-33
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 95-05 AND DEVELOPMENT REVIEW 95-08
ASSESSOR'S PARCEL NUMBER 314-710-14
WHEREAS, Conditional Use Permit 95-05 and Development Review 95-08,
submi tted by Will iam Fancher for Outback Steakhouse, requests approval to
construct a 6,400 square foot restaurant which will serve beer, wine and liquor,
on a portion of a 0.8 acre lot at the southwest corner of Twin Peaks Plaza, at
the intersection of Ted Williams Parkway and Pomerado Road, in the CG zone; and
WHEREAS, on June 27, 1995, The City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council finds that the previously issued Negative Declaration for
Tentative Parcel Map 86-03 (Parcel Map 14824) for Twin Peaks Plaza anticipated
a dinner house use serving alcohol and that the earlier investigation adequately
discusses the environmental concerns of this project.
Section 2: Findinas:
Conditional Use Permit 95-05
1. The approved project is consistent with the general plan in that
restaurant uses are an approved use within commercial land uses.
2. That 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 commercial uses, residents, buildings, structures,
or natural resources in that the use was anticipated as an element in Twin
Peaks Plaza, and has been designed with colors which complement the
center.
3. That the scale, bulk, coverage, and density is consistent with the
adjacent uses, in that the parking lot has been designed for common use
among all shopping center tenants. The building meets all the development
standards for both the center and zoning ordinance requirements, including
height, setbacks, coverage, materials and parking.
4. That there are available public facilities, services, and utilities to
serve the use.
5. That there will not be harmful effects upon desirable neighborhood
characteristics, in that the physical design of the building is
attractive, and the use is wholly contained within Twin Peaks Plaza.
EXHIBIT B
15.19
Resolution No. P- 95-33
Page 2
6. That the generation of traffic will not adversely impact the surrounding
streets and/or the City's Transportation Element in that a restaurant was
planned for a freestanding pad at Twin Peaks Plaza, with parking and
street access designed accordingly.
7. That the site is suitable for the type and intensity of use as this
project is the completion of an improvement on an existing freestanding
pad within an existing shopping center.
8. That there will not be significant harmful effects upon the environmental
quality and natural resources in that the site has been completely
developed.
9. That there are no other relevant negative impacts of the use that cannot
be mitigated.
Develooment Review 95-08
1. The approved project is consi stent with the General Pl an as di scussed
above.
2. That the approved project wi 11 not have an adverse aesthetic, health,
safety, or architecturally rel ated impact upon adjoi n i ng propert i es in
that it will be located on an existing freestanding pad within Twin Peaks
Plaza.
3. That the approved project encourages the orderly and harmonious appearance
of structures and property within the City in that the color package for
the new restaurant will match the existing center.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 95-05 and Development
Review 95-08, subject to the following conditions:
1. 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 on Real Property.
2. 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 commercial uses.
3. This conditional use permit shall be subject to annual review by the
Director of Planning Services for compl iance with the conditions of
approval and to address concerns that may have occurred during the past
year. If the permit is not in compliance with the conditions of approval,
or the Planning Services Department has received complaints, the required
annual review shall be set for a public hearing before the City Council,
to consider modification or revocation of the use permit.
1530
Resolution No. P-95-33
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this 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.
4. Trash receptacle shall be enclosed by a six foot high masonry wall with
view-obstructing gates pursuant to City standards. Enclosures shall be of
adequate size to accommodate mandatory recycling bins as well as general
refuse bins. Location shall be subject to approval by the Planning
Services and Public Services Departments.
5. All roof appurtenances, including air conditioners, shall be
architecturally integrated, screened from view and sound-buffered from
adjacent properties and streets as required by the Planning Services
Department.
6. Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
7. 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.
8. This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall include a minimum of one 15 gallon size
tree for every three spaces. For parking lot islands, a minimum 12 inch
wide walk adjacent to parking stalls shall be provided and be separated
from vehicular areas by a six inch high, six inch wide portland concrete
cement curb.
2. Parking lot lights shall be low pressure sodium and have a maximum height
of 18 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and residences.
1551
Resolution No. P-95-33
Page 4
3. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 25 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
4. All parking spaces shall be double striped.
LANDSCAPE IMPROVEMENTS
1. Comp 1 ete 1 andscape construction documents shall be submitted to and
approved by the Pl anni ng Servi ces Department pri or to the issuance of
bu i 1 di ng permi ts. Pl ans shall be prepared in accordance with City of
Poway Guide to Landscape Requirements (latest edition).
2. A Master Plan of the existing on-site trees shall be provided to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and shall be
maintained in a horticulturally acceptable manner. Dead, decaying, or
potentially dangerous trees shall be approved for removal at the
discretion of the Planning Services Department during the review of the
Master Plan of existing on-site trees. Living trees which are approved
for removal shall be replaced on a tree-for-tree basis as required by the
Planning Services Department.
4. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Guide to Landscape Requirements and
shall be planted at an average of 30 feet on center spacing along all
streets.
5. Landscaped areas within the adjacent public right-of-way shall be
permanently and fully maintained by the shopping center.
6. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. The trees shall be
encouraged and all owed to reta in a natural form. Pruni ng should be
restricted to maintain the health of the trees and to protect the public
safety . Unnatural or excess i ve prun i ng, i ncl udi ng toppi ng, is not
permitted.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1552
Resolution No. P-95-33
Page 5
SITE DEVELOPMENT
1. Development fees, including but not limited to, water service fees,
remaining sewer connection, sewer cleanout and sewer inspection fees shall
be paid prior to building permit issuance.
Permit and plan checking fees shall be paid upon submittal of improvement,
and/or grading plan, as applicable.
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved grading plan and
geotechnical report, and accepted grading practices.
2. A soils report shall be prepared by a qualified engineer licensed by the
State of Ca 1 iforni a to perform such work and submi tted at the time of
application for grading plan check.
3. The final grading plan, prepared on a standard sheet of mylar, shall be
subject to review and approval by the Planning and Engineering Services
Departments and shall be completed prior to issuance of a grading permit.
4. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
5. A fi na 1 compaction report shall be submi tted and approved pri or to any
paving.
6. A certification of line and grade, prepared by the project civil engineer,
shall be submitted prior to any paving.
7. Buildings and parking lots shall be at least five feet from tops and toes
of slopes, unless waived by Planning and/or Engineering Services
Departments prior to grading permit issuance.
8. Non-supervised or non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compl iance with City-approved soils
investigations and recommendations and grading plans.
9. 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 developer shall make
provisions to insure the proper maintenance of all erosion control devices
throughout their intended life.
1553
Resolution No. P-95-33
Page 6
STREETS AND SIDEWALKS
1. Reciprocal access and maintenance agreements shall be provided insuring
access to all parcels over private roads, drives or parking areas and
maintenance thereof to the satisfaction of the Director of Engineering
Services. Said agreements shall be in a form approved by the City
Attorney and shall be executed and recorded in the office of the San Diego
County Recorder prior to occupancy.
2. Improvements shall include, but are not limited to
Sidewal ks
Driveways
----- Wheelchair ramps
--x-- Curb and gutter
_____ Striping and signings
3. All damaged off-site public works facilities, including parkway trees,
shall be repaired and replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Director of Engineering Services.
Cross gutter
----- Alley gutter
--x-- Paving
All ey pavi ng
4. The developer shall acqui re an encroachment permit for any pri vate
improvements placed within the public right-of-way or City-held easement.
5. Prior to any work performed in the public right-of-way or City-held
easements, a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to any permits
required.
DRAINAGE AND FLOOD CONTROL
1. Intersection drains shall be required at locations specified by the
Director of Engineering Services Department and in accordance with
standard engineering practices.
2. A drainage system capable of handl ing and disposing all surface water
originating within the project, and all surface waters that may flow onto
the project from adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
3. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
UTILITIES
1. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
2. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
3. Water, sewer, and fire protection systems shall be designed and
constructed to meet the requirements of the City of Poway and the County
of San Diego Department of Health.
Resolution No. P-95-33 1555
Page 8
7. A hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. Plans shall be submitted and approved
prior to installation.
8. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A 'Knox' padlock shall be required
for the fire sprinkler system Post Indicator Valve.
9. 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.
10. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
11. Minimum 2A:I0BC fire extinguishers are required for every 3,000 square
feet and 75 foot travel distance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 27th day of June, 1995.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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fIf perjury, that .... abo... .ncI
foregoing is a true and corNet
copy of Resolution No.,,-rs: ~ ~ I
II .dopted by the Qty CouncIl fIf
Pow.y, Catolomia 011 .... ~7~
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MarJorie K. Wahlsten, City Clerk
I, Marjori e K. Wahl sten, Ci ty Cl erk of the City of Poway, do hereby
certify, under the penalty of perjury, that the foregoing Resolution, No.
P-95-33 , was duly adopted by the City Council at a meeting of said City Council
held on the 27th day of June , 1995, and that it was so adopted
by the followrng-vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
J 1\ iL\l..><- k ;::\Jr~vLJ t....
Marjorie'K. Wahlsten, City Clerk
City of Poway
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