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
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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or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the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
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...-oCOUNl'l
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WITNESS my hand and official seal.
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(/.-?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
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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
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