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Covenant Regarding Real Property 1995-0315448 CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) 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 In the event that Conditional Use Permit 95-05 and Development Review 95-08 expires or is rescinded by City CouncU at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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: ~-;;;7-7..5- By: ~ w^iil-ff~~ ~!"';./ ~,' .~.. '-. "" - .... ,~. H J' , '- I. 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 ~ - - - - - . - - - - - - - - - - - - @'_"'CHRlSTlNAA..BURKART f - COMMISSION #1008487 ;J; Q. N~~~.~j~ E I ORANGE COUNTY 2 t.: _.. _ .~r.~.~}:99~.l WITNESS my hand and official seal. , (I - /).. 1- l. 'g.A A.o'Cv",;) .A D v~ 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 ) ) SS. ) , Ji...Ii; adIfy, unif.r!lie .....,. 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~ .'tof~,f9~. ~IIt.W"CUIIIIC ..~ ~ :~ '",-\, - 1/ ') '- J- ; ~(,t< ,h-< <. '- ," l'vl.../k S ......::,,,....... 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 '-