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Covenant Regarding Real Property 1995-0492190 ~c U 1995-0492190 31-0CT-1995 09=30 AM BECORDING REQUEST BY: CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 ) ) ) ) ) ) ) ) ) ) ) ) 987 DFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUHTY RECORDER RF: 15.00 FEES: AF: 21. 00 MF: 1.00 37.00 CITY OF POWAY WHEN RECORDED MAIL TO: No Transfer Tax Due (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Richard M. Darr ("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 317- 490-57 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 95- 04/Development Review 95-Q7/Variance 95-04 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 benef~ of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that Conditional Use Permit 95-04/Development Review 95-Q7/Variance 95-04 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. 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. ~n1,~ R chard M. Darr, OWNER (Notan Dated: /O-.;;2c./-'S CITY OF POWAY Dated: /~-/,j- 7'.5- By: ~ 7.)~U-d~~ 938 LEGAL DESCRIPTION PARCEL 1: THE EASTERLY 150.00 FEET OF THE NORTHERLY 411.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED NOVEMBER 19, 1880, AS FURTHER DESCRIBED. EXHIBIT A CALlFORNIA ALL.PURPOSII;;, ACKNOWLEDGMENT No. 5907 , State of ~ County of J)"t I On ()J;fJ..tIUDA?-t, /r9.'.fbefore me, d. NA~ETITLEO OFFICER-E personally appeared I~~ m. "oa/vl.-/ NAME(S) OF SIGNER(S) D personally known to me - OR - N nroved to me on the basis of satisfactory evidence r to be the person~whose name~re subscribed to the within instrument an-d' ac- knowledged to me he she/they executed the same in is! Ithe~ir thorized capacity~ an that bhis/ er!their signature~on the instrument t e person~ or the entity upon behalf of which the person~ acted, executed the instrument. 989 I ~ - - ~~~ - - 'f _ @ CQIjIot.#...1 I i'" .....~-!:......- ...-oCOUNl'l IT _ _ _~~~_-:21:1~ .1 WITNESS my hand and official seal. ,} , , (/.-?t'~~ -' "7JJCUt ~ __>0 SIGNATURE OF NOTAR 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 D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE{S) D PARTNER(S) D LIMiTED D GENERAL D ATTORNEY-iN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SiGNER(S) OTHER THAN NAMED ABOVE @1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 RESOLUTION NO. P- 95-58 9JO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 95-04 AND DEVELOPMENT REVIEW 95-07, AND REMOVING VARIANCE 95-04 FROM CALENDAR ASSESSOR'S PARCEL NUMBER 317-490-57 WHEREAS, Conditional Use Permit (CUP) 95-04/ Development Review (DR) 95- 07/ Variance (VAR) 95-04, were submitted by Richard Darr, applicant, for the continuation and expansion of tire sales and service within a 2,389 square foot building (1204 square foot building, 210 square foot canopy, 975 square foot addition) along with brakes, automotive detail, and related services; recreational vehicle rental, storage and minor repairs; equipment rental yard, truck and/or car rental/leasing (possible uses); including a variance to side yard setback on the west side near Poway Road, 1.25 acre site at 12957 Poway Road (just east of Winston Tire) within the CG zone. WHEREAS, the City Council has read and considered the staff report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental FindinQs: The issuance of a Negative Declaration with Mitigation Measures (indicating no significant adverse environmental impacts anticipated due to the addition of special requirements to the project) is recommended. Section 2: Conditional Use Permit FindinQs 1. The approved project is consi stent wi th the general pl an in that tire sales and service, brakes, automotive detail, recreational vehicle rental & storage are approved uses within the existing CG zone. . 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 uses were anticipated within the CG zone and the building addition has been designed to be compatible with the existing building with architectural enhancements required. 3. That the scale, bulk, coverage, and density is consistent with the adjacent uses, in that the enlarged building meets the development standards for the cOl1lllercial zone and zoning ordinance requirements, including height, setbacks, coverage, materials and parking. 4. That there are available public facilities, services, and utilities to serve the uses. 5. That there will not be harmful effects upon desirable neighborhood characteristics, in that the physical design of the building is suitable for the site and the proposed uses and the auto service uses will be confined to the front portion of the lot. EXHI BIT B Resolution No. P-95-58 991 Page 2 6. That the generation of traffic will not adversely impact the surrounding streets and/or -the City's Transportation Element in that Poway Road traffic generated will be consistent with that anticipated in the CG zone. 7. That the site is suitable for the type and intensity of use as this project aims to attract some of the several commercial uses listed for this 1.25 acre site. 8. That there will not be significant harmful effects upon the environmental quality and natural resources in that the site has been previously used for commercial purposes and may be completely developed as a result of this conditional use permit and development review. 9. That there are no other relevant negative impacts of the use that cannot be mitigated. Section 3: DeveloDment Review FindinQs 1. The approved project is consistent with the general plan in that the various corrrnercial uses are permitted land uses within the existing Commercial General (CG) zone. 2. That the approved project will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties in that the design of the building addition for the intended purpose will be compatible with current and future buildings in the vicinity. 3. That the proposed development encourages the orderly and harmonious appearance of structures and property within the City in that the architecture incorporates features provided for in the community design guidelines. Section 4: Variance FindinQs The proposed variance is not necessary due to no permanent structures or overheight fencing proposed within the side yard setback. Section 5: Citv Council Decision: The City Counc il hereby approves CUP 95-04 and DR 95-07 to allow tire sales and service, brakes installation and repair, automotive detailing, and recreational vehicle rental & storage, and minor repair/subject to the following conditions and mitigation measures (indicated with an "."): 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 wi th the reasonable use and enjoyment of surrounding residential and commercial uses. Resolution No. P-95-58 992 Page 3 3. This conditional use permit shall be subject to annual review by the Director of Planning Services for compliance 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. 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 and recycling receptacles shall be enclosed by a six foot high masonry wall with vi ew-obstruct ing gates pursuant to Ci ty standards. Location and dimensions shall be subject to approval by the Planning Services Department. 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. For a new commercial 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, School, Water and Sewer Service Fees. g. Provide landscape or architectural screening for the two metal roll up doors facing toward the west. 10.* The hours of operation for all uses shall be between the hours of 7:00 a.m. and 8:00 p.m. Monday to Saturday and 8:00 a.m. and 6:00 p.m. on Sundays. .olution No. P-95-58 Page 4 11.* Operation of the tire business or any other business generating noise shall be conducted in such a way to minimize the noise from impact wrenches and other noise associated with those activities. Tire installation and other work to motor vehicles is to be conducted within the service bays only. 993 12. The masonry wall (13 feet tall with four feet above grade) along the south property line shall be raised to six feet. Fencing along the east and west property lines shall be 6' masonry or wood. The wood fence to the south of the building shall be relocated, as necessary, to accommodate the revised site plan. 13. RV storage may extend to within 15' of rear property line. The rear 15' of the property shall be landscaped with materials to provide a screen for properties to the south. 14. Incorporate architectural enhancements into the final building design for the building expansion and upgrade of the existing building. 15. 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 landscap"ing 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 max~mum height of 18 feet from the finished grade of the parking surface and be directed away from all property 1 ines, adjacent streets and residences. Any security lights shall be motion-activated or shielded low pressure sodium, directed downward and have zero cutoff. 3. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum of 24 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. Compl ete landscape construction documents shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements (latest edition). 2. 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 .solution No. P-95-58 Page 5 for removal shall be replaced on a tree-for-tree basis as required by the Planning Services Department. 3. 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. 4. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the owner. 994 5. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. SIGNS 1. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. 2. A Comprehensive Sign Program for this development shall be submitted to the Planning Services Department for review prior to issuance of building permits for more than two businesses. Approval shall be by the City Counc il . EXISTING STRUCTURES Existing building(s) shall be made to comply with current building and zoning regulations for the intended use. ADDITIONAL APPROVALS REOUIRED The applicant shall provide verification of State Board of Equalization not i fi cat i on and that appropri ate revi ews and/or approvals have been accompl i shed to the sat i sfact i on of the Di rector of Admi ni strat ive Services. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. 1. A grading plan for the development of the property shall be submitted to the City's Engineering Services Department for review and approval prior to issuance of a grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Engineering Services inspector's approval prior to issuance of a building permit. Pave the areas to be used for parking or storage of vehicles, install a surface drainage system to handle all surface water runoff. 2. A right-of-way permit shall be obtained from the City's Engineering Services Department for any work to be done within the public street right-of-way or any City-held easement. Said work shall include, but is not limited to, construction of driveway approach, sewer lateral installation, water service line installation, and street construction. 995 Resolution No. p-95-58 Page 6 3. The following fees shall be paid or a security bond posted prior to issuance of a building permit. If a security bond is posted, payment of the fees shall be made prior to the issuance of a Certificate of Occupancy. Once payment is received in full said security bond could be released to the applicant. Traffic Mitigation - $643.00 4.* An interceptor system shall be designed and installed to recover all liquid waste spilled within the service bays and parking areas. Waste material recovered in this process must be disposed of in accordance with State law. An Industri a 1 Waste Di scharge Permi tis requi red to be processed through the Engineering Services Department and Building Division of the Planning Services Department. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. 2. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services and meeting Sheriff's Department - ASTREA criteria. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not 1 ess 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 clearance.' The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. 4. 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. 5. 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. 6. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. . 7. Fire extinguisher type and quantity to be determined by Fire Marshal when occupancy type is determined. B. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 9. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed with the County of San Diego Department of Health and copies provided to the Fire Department. Resolution No. P-95-58 Page 7 10. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. 11. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. 12. Any building or addition to an existing building exceeding 2,500 square feet (individual or aggregate) will be required to install a commercial fire sprinkler system, with an approved set of plans. 13. Occupancy separation wall between 8-1 and B-2 occupancies shall be one hour rated. Openings in this wall shall be fire-rated at one hour. 14. Any building erected further than 150 feet from the public right-of-way will require an approved fire department turnaround. 996 APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Observe the ten foot setback from the existing eight inch water 1 ine easement along the east property line. The easterly driveway shall be maintained and chained off near Poway Road unless closure of the driveway by i nsta 11 i ng curb and gutter is approved by the Di rector of Publ i c Services. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this lOth day of October, 1995. ~~,~ ATTEST: I hereby cer~ly, under the penalty 01 perjury, thaI the above and foregoing is a true and correct copy 01 Resolution NofJ-r_~-('y 85 adopted by the City Councn of Poway, California on the ~ day of(!}U~ 19 , . MA~ K. WAHlSTEN, CITY CLERK by. ~ W/i-..;;OP} . 997 Resolution No. P-95-58 Page B COUNTY OF SAN DIEGO ) ) 55. ) STATE OF CALIFORNIA 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-95-58 , was duly adopted by the City Council at a meeting of said City Council held on the 10th day of October , 1995, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: EMERY t'n~kU ~ ~L Marjor1e K. Wahl's en, lty Jerk City of Poway e:\city\plann;ng\report\cup9504a.res -"