Grant Deed 1994-0697541
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DO~ I .1994-0697541
OS-DEC-1994 03130 PM
, OFFICIAl RECIIIIS
SMI DIEGO COUIITY REtllDER'S IfFICE
GREGORY SIIITH, COUHTY RECIIIDER
RF. 6.00 FEES. 10.00
AF' 3.00 DC
/If. 1.00
.....
WHEN RECORDED MAIL TO:
LOLA GOGUE
2801 PASED DEL SOL
ESCONDIDO. CA 92025
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MAIL TAX STATEMENTS TO:
SAME AS ABOVE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOcUMENTARY TRANSFER S -0-
o Computed on Iho conlldoraUon or valuo o( propofty convoyed; OR
o Computed on Iho conlJdoral1or! Of value Ie.. lions or encumbraMCeS remaining al
time of sale.
o Unincorporated Area OClty of
APN# 323 -190 - 58 - 00. 323-190-64-00
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Slgnatur. of Declarant or Agent lax . Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
LOLA GOGUE, A SINGLE WOMAN AS HER SOLE AND SEPARATE PROPERTY
hereby GRANT(S) to
LOLA GOGUE, A SINGLE WOMAN AND HAYATULLAH MESDAQ AND NASRIN MESDAQ, HUSBAND
ND WIFE, ALL AS JOINT TENANTS
the real property in the City of POWAY
County of SAN DIEGO
State of California, described as
See Attached Legal Description
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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On November 29. 1994
before me. the undersigned, personally appaared
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personally known t e (or proved to me on the basis of sltlsfactory avldenca) to be tha per~ whosl nama(sUJ:jllre subscribed
to tha within Instr ent Bnd acknowledged to ma that ~hay executed the lime in hi heir authorized cepecity(les), Ind
that by hlslhoilth r si neture(s) on thl instrument tha parson(s) or tha antity upon blhalt or which the parson(a) actad, exacuted tha
Inatruma~ (This aria for ornclal notarla' seal)
WITNESS my n
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Slgnatufo.
AbovI
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EXHIBIT "A"
Parcel 2 of Parcel Map No. 1081, in the City of Poway, County of San
Diego, State of California, filed in the Office of the County Recorder of
San Diego County, November 2, 1972 as File No. 294333 of Official Records.
PARCEL B:
The Southerly 200 feet of the Westerly 110 feet of that portion of'the
Westerly 280 feet of the Southeast Quarter of the Southeast Quarter of
Northwest Quarter of Section 18, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, in the City of Poway, County of San Diego,
State of California, according to the U,S, Government Survey approved
February 24, 1876, lying Northerly of the centerl1ne of the County Road as
.... described In the deed to the County of San Diego, recorded June '21, 1944
. as Fil e No, 45592 1 n Book 1686, Page 415.'of Offi ci a 1 Records and shown on
Map of Road Survey No. 944, on file in the Office of the County Surveyor.
," of said County.
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771
RESOLUTION NO. p- 94-37
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 94-08, MINOR DEVELOPMENT
REVIEW 94-25 AND TEMPORARY USE PERMIT 94-45
ASSESSOR'S PARCEL NUMBER 323-190-58,60
WHEREAS, Conditional Use Permit 94-08, Minor Development Review 94-25 and
Temporary Use Permit 94-45 were submitted by Ultimate Car Company, applicant, for
the purpose of establishing a used car dealership at 14132 Poway Road regularly
came before the City Council on July 19, 1994; and
WHEREAS, the Director of Planning Services has recommended approval of the
project, subject to all conditions set forth in the Planning Department report;
and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinas:
The City Council finds that the project is not likely to have a
significant adverse impact on the environment if recommended mitigation
measures are completed and hereby issues a Negat i ve Decl arat i on with
mitigation as contained in the conditions of approval,
Section 2: Findinas:
Conditional Use Permit 94-08
1. The proposed project is consistent with the general plan in that it
is a retail automobile use which is permitted in Manufacturing
Service zone with benefit of a conditional use permit.
2. That the location, size, design and operating characteristics of the
proposed use will be compatible with adjacent uses; in that the
proposed auto sales business adjoins other commercial uses on two
sides, and where it adjoins residential uses, the conditions of
approval require construction of an eight-foot masonry wall and a
landscape buffer to separate the two uses.
3, That the harmony in scale. bulk, coverage and density is consistent
with the adjacent uses; in that the permanent facil ity will be
similar in size and architectural style to adjacent commercial
buildings.
4, That there are available public facilities, services and utilities
to serve this project,
EXHIBIT B
772
Resolution No. p-94-37
Page 2
5. That there will be no harmful effect upon desirable neighborhood
characteristics as the project's activities will be buffered from
adjacent residents by wall and landscaping, and no outdoor speaker
system will be permitted to be used,
6, That the generat i on of traffi c wi 11 not adversely impact the
surrounding street and/or the City's Circulation Element; in that
the Circulation Element anticipated a commercial use on this site
and the levels of traffic generated by this project will not exceed
normally expected levels of use. A traffic mitigation fee will be
required to be paid.
7. That the site is suitable for the type and intensity of use or
development which is proposed; in that the site is a flat, improved,
corner lot, fronting the main thoroughfare,
8. That there wi 11 not be sign ifi cant harmful effects upon
environmental qual ity and natural resources in that; there are no
native plants or animals on the site. project design features are
required to control the discharge of fumes, odors, dust and the
generation of noise as well as assure the proper disposal of auto
related wastes. The use of outdoor loud speakers will be prohibited.
Hours of use of the repair building are controlled, and parking lot
and building lighting will be regulated by this permit.
9. That there are no other relevant negative impacts of the proposed
use that cannot be mit i gated because the condit ions of approval
include mitigation measures which address all potential impacts.
Section 3: Citv Council Decision:
The City Council hereby approves Cond it i ona 1 Use Permit 94-08, Mi nor
Development Review 94-25 and Temporary Use Permit 94-45, subject to the
following conditions:
Within 30 days of approval (I) 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,
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.
Th is cond i t i ona 1 use permit shall be subject to annual revi ew 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.
773
Resolution No. P- 94-37
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. 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.
5, 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.
6.* The repair/maintenance building shall contain sufficient number of paint
spray booths and an air scrubber system for any sanding operations. No
work shall be conducted outside.
7,* Auto related materials, including oil, gasoline, other fluids and solids,
shall be handled, used, stored, and disposed of according to Feder~,
State and local requirements. Floor drains shall be installed in the
repair building which will capture all waste materials, route them to a
separator/clarifier system. The treated water will then be discharged to
the public sewer system, An Industrial Waste Discharge Permit will be
required to be obtained prior to building permit issuance.
8.* No outdoor loud speaker system shall be permitted,
9.* Burglar alarms shall be silent alarms types.
10, * No auto repair /ma i ntenance work shall be conducted before 7: 00 a.m, or
after 7:00 p.m, This includes work on personal projects as well as
customer's vehicles, No repair/maintenance work will be permitted on
Sundays or Holidays, All repair/maintenance work must be conducted within
a permanent building constructed for that purpose and may not commence
before occupancy for such a building has been granted,
11,* All outdoor lighting shall be shielded so as not to spill onto adjoining
properties, streets and residences. Low pressure sodium lights are
required after 11:00 P,I1I, Light poles shall be 1 imited to a maximum
height of 15 feet,
774
Resolution No. P-94-37
Page 4
6. Approval for the modular building shall become null and void two years
from the issuance of the certificate of occupancy for the building.
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. All two-way traffic aisles shall be a minimum of 24 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.
3. All parking spaces shall be double striped,
4. All areas where cars are driven, displayed, parked or stored shall be
paved.
LANDSCAPE IMPROVEMENTS
1. Comp 1 ete 1 andscape construct i on documents shall be submi tted to and
approved by the Planning Services Department prior to the issuance of
bu il di ng permits. Pl ans shall be prepared in accordance with Ci ty of
Poway Guide to Landscape Requirements (latest edition). This is a
separate plan check and approval process.
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
ma i nta i ned in a hort i cultura 11 y acceptabl e manner. Dead, decayi ng, 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
sha 11 be planted at an average of 30 feet on center spac i ng along a 11
streets,
5. A minimum of 60 trees per gross acre, comprised of the following sizes,
shall be provided within the development: 20% - 24" box or larger, 70% -
15 gallon, and 10% - five gallon, Trees shall be planted to the
satisfaction of the Director of Planning Services and in accordance with
the approved landscape construction documents in all multi-family and PRD
projects.
775
Resolution No. P-94-37
Page 5
6. Landscaped areas within the adjacent public right-of-way shall be
permanently and fully maintained by the owner.
? .
All landscaped areas shall be maintained in a healthy and thriving
cond i t ion, free from weeds, trash, and debri s. 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
permit ted,
SIGNS
1, Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
ADDITIONAL APPROVALS REOUIRED
1. This conditional use permit is granted for a period of 24 month(s).
2. Working drawings for the repair/maintenance building shall include a
certification by a recognized acoustical expert that the requirements of
the City of Poway's Noise Ordinance will be met,
3. At the completion of construction, and prior to occupancy, interior and
exterior CNEL shall be determined by field testing at developer's expense.
Tests to be conducted by a recognized acoustical expert. No occupancy
permits shall be granted until this condition is met to the satisfaction
of the Building Code (latest adopted edition) "Sound Transmission
Control".
4. 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1. The propert i es shall be graded in accordance with The Un i form Bui 1 di ng
Code, City Grading Ordinance and City-approved grading plan,
The minimum structural section for commercial parking lot paving shall be
in accordance with City Code Section 12,20.080.
2, The gradi ng plan, prepared on a 24" x 36" sheet of mylar by a State
Registered Civil Engineer, shall be subject to review and approval by the
Planning and Engineering Services Departments prior to building permit
issuance, Fees for grading permit, plan checking, preliminary soils
report review and soils compaction report review shall be paid prior to
grading permit issuance, A portion of these fees shall be paid at first
submittal of grading plan,
776
Resolution No. p- 94-37
Page 6
3. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work and shall be submitted with the
grading plan, The report is subject to review and approval by the City.
4. A fi na 1 compact i on report shall be submitted and approved pr10r to
issuance of a building permit,
5, A certification of line and grade, prepared by the project civil engineer,
shall be submitted prior to issuance of a building permit,
6, Erosion control shall be installed and maintained from Oct, 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.
7. The applicant/developer shall install a street light conforming to City of
Poway standards at no cost to the public, subject to the following:
a. Cut-off luminaries shall be installed which will provide true 90-
degree cut-off and prevent projection of light above the horizontal
plane from the lowest point on the lamp or light emitting refractor
or device,
b. All fixtures shall use a clear, low pressure sodium light source.
c, Advance energy charges and District engineering charges shall be
paid by the developer.
d. Annexation to the lighting district and evidence of annexation shall
be accomplished at the time of final building inspection or issuance
of a certificate of occupancy is issued, whichever occurs later.
The street light shall be installed approximately north of the
southerly driveway to the development along Olive Tree Lane.
8. New water service and sewer lateral lines to be connected to the public
mains shall be constructed in accordance with City standards and
specifications. Appropriate fees shall be paid to the City prior to
installation,
9. Development fees such as traffic mitigation, drainage, water, and sewer
fees shall be paid prior to building permit issuance,
10. The applicant/developer shall pay $3,575,00 (143.63 feet of frontage x
$25.43 per lineal foot) to the City prior to building permit issuance for
its pro-rata share in the construction of Poway Road median,
11, The existing driveway along Poway Road shall be removed and replaced with
City standard concrete curb, gutter and sidewalk,
!
777
Resolution No. p-94-37
Page 7
A right-of-way permit shall be obtained from the Engineering Services
Department for any work to be performed within the public street right-of-
way or City-held easements. Appropriate fees shall be paid prior to
Issuance of the permit.
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 Uniform Building Code
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 6
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 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 less than ~ 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. An approved fire sprinkler system and standpipe system shall be required
to be installed within the proposed repair building, The entire system
is to be monitored by a central monitoring company. System post
indicator valve with tamper switch, also monitored, are to be located
by the City Fire Marshal prior to installation.
8. One (1) new on-site fire hydrant may be required, The location of the
hydrants shall be determined by the City Fire Marshal. Approximate
locations will be at the driveway entrance into the project site.
9, Complete plans for the proposed spray booth, in Phase 2, shall be
submitted to the Department of Safety Services, prior to construction,
10, Material Safety Data Sheets shall be required for all hazardous and/or
toxic substances used in each building.
Resolutfon No. P-94-37
Page 8
778
11. An Emergency Contingency Plan and Hazardous Materials Disclosure shall
be filed with the County of San Diego Department of Health and copies
prov1ded to the F1re Department.
GENERAL REQUIREMENTS AND APPROVALS
,1, Perm1ts from other agenc1es will be required from:
a. Industr1al Waste D1scharge Permit - C1ty of San D1ego.
2, Approval of the Conditional Use Permit shall become null and void if the use
does not commence on the site within one year of approval.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 19th day of July, 1994,
, hereby certify, under the penalty
of perjury, that the above and
foregoing is a true and correct
copy of Resolution No p- 9"1--3:7,
as adopted by the City Council 01
Poway, California on the /'lU
day of ~- , 19 '4L-.
MARJORIE K. W AHLSTEN, CITY CLERK
b~ ~+i lJf,,-y
er
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) SS.
)
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-94-37 , was duly
adopted by the City Council at a meeting of said City Council held on the 19th day
of July , 1994, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, SNESKO
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY, HIGGINSON