Covenant Regarding Real Property 1995-0018834
RECORDING REQUEST BY:
CITY OF POWA Y
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWA Y
POBOX 789
POWAY CA 92074-0789
No Transfer Tax Due
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pqt . 1995-0018834
1;-JAH-1995 09-34 AM
IJFICIAl RECIIIDS
StIH DIEGO CIIIITY RECtllDER' 5 IfFICE
GREDY snITH, CIIIITY RECORDER
RFI 1l.00 FEES'
(f. 15.00
/IF I 1.00
1242
28.00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Daniel Beringhause ("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 317-021-05
& 27 ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit 88-02R (M) by the City
of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit
BJ.
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In the event that Conditional Use Permit 88-02R (M) expires or IS rescinded by City Council at the request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.
Dated: .Jh, (0, (?? 5"
Dated: /&-/3-7</
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CITY OF POWAY
By: ~ tJ~- t/~~
1243
LEGAL DESCRIPTION
THE lAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THE SOUTHERLY 100.00 FEET OF THE NORTHERLY 370.00 FEET OF THE EASTERLY 370.00
FEET OF LOT 26 IN TRACT F OF POWAY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 7, 1888.
SAID NORTHERLY AND EASTERLY 370.00 FEET BEING MEASURED ALONG THE NORTHERLY AND
EASTERLY LINES OF SAID LOT 26.
EXCEPTING THEREFROM THE EASTERLY 16.00 FEET THEREOF.
EXHIBIT A
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No. 5907
State of
County of
{lI9L/ Ie:: 0 )Z;J / A
S4,,; DIEGO
1244
On ! - /0 - 9 S- before me:-Q s. 130c/.
DATE N ME, TITLE OF OFFICER - E.G., "JANE DO
personally appearedU (J 11 " P / '""R €. r " n 0, h a. u ~ e
N~E(S) OF SIGNER(S)
o personally known to me - OR -18r'proved to me on the basis of satisfactory evidence
to be the personW whose namets) islaw
subscribed to the within instrument and ac-
knowledged to me that he/stteftttey executed
the same in his/her/their authorized
capacity(i-e-s), and that by his/ttcr/ttleir
signature(st on the instrument the person(sj,
or the entity upon behalf of which the
personfs.) acted, executed the instrument.
Rbi! L
IC"
........Jt"..-...-.-..A...A............t
TAMMY S. BOCKllESS 'U
CaIrm. . 1020293 ~
. NOTMYI'IBJC-~...
s.......~ ..
,.,canm.E1qIirts"",.26,1998'"
WITNESS my hand and official seal.
}~S, ~~~~_ ~
() SIGNATURE 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
~ INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
Co II €At1 cur+k: e~OvV'd \ ~
i) !")JIl..E;, OR TYPE DOCUM
I,ee<.\ . 1fO?-er 'i
d----
TITLE(S)
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
) - (D-Cj =>
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
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1245
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RESOLUTION NO, p-94-62
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CUP SS-02(R)M
ASSESSOR'S PARCEL NUMBER 317-021-05 & 27
WHEREAS, Conditional Use Permit B8-02 (R)M was submitted by Fun
Truckin'jRobert Brownfeld, applicant, for the purpose of establishing a
specialty truck parts sales, showroom, and installation business located at
13510 Pomerado Road and came before the ~ity Council on December 13, 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 Findinos:
The City Council finds that the previously issued Negative Declaration
adequately discusses the environmental concerns of this project.
Section 2: Findinos:
1. The proposed project is consistent with the general plan in that
it is a retail truck parts sales and installation use which is
permitted in the Commerc i a 1 General zone with a cond it i ona 1 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 truck specialty parts business adjoins other
commercial uses on two sides, and where it adjoins residential
uses, the original conditions of approval required 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 proposed truck
specialty parts business is to be located in an existing building.
4. That there are available public facilities. services and utilities
to serve this project.
<f
5. That there I.ill be no harmful effect upon desirable neighborhood
characteristics as the project's activities will be buffered from
adjacent residents by walls, setbacks, landscaping and hours of
operation between 7:30 a.m. and 6:00 p.rn,
EXHIBIT B
-"
1246
Resolution No, P-94-62
Page 2
6, That the generation of traffic will 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 traff1c generated by this project will not
exceed normally expected levels of use.
7. That the site is suitable for the type and intensity of use or
development which is proposed; in that the proposed business is to
be located inside an existing building and parking facilities are
adequate based on the installation of truck parts by appointment
only.
8. That there will not be significant harmful effects upon
environmental quality and natural resources in that; the site does
not contain significant natural features or resources due to
previous disturbance and to the fact that it is surrounded by
existing commercial and residential development on all sides.
9. That there are no other relevant negative impacts of the proposed
use that cannot be mitigated because the conditions of approval
include mitigation measures which address all potential impacts.
Section 3: Citv Council Decision:
The City Council hereby approves CUP 88-02(R)M subject to the following
conditions:
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.
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.
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.
The applicant shall comply with all of the applicable conditions of'
approval contained in City Council Resolution P-90-95 and related
resolutions. .
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Resolution No, p-94-62 J 24 '?
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 thereof, 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.
For a new commercial or industrial development, or addition to an
existing development, the applicant shall pay development fees at
established rate. Such fees may include, but not be limited to:
and Plan Checking Fees, Water and Sewer Service Fees. These fees
be paid.
the
Permit
shall
7. Building identification and/or addresses shall be placed on all new and
existing buildings so as to be plainly visible from the street or access
road; color of identification and/or addresses shall contrast with their
background color.
~. No mechanical service on trucks is allowed within the building. Any
such work shall be referred to an adjacent building where mechanical
service is authorized and with oil interceptor devices in place.
9. Installation of truck parts shall occur within the building only. Hours
of operation shall be between 7:30 a.m. and 6:00 p.m.
10. This approval shall become nLlll and void if building permits are not
issued for this project within two years from the date of project
approva 1.
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1248
Resolution No. P-94-62
Page 4
PARKING AND VEHICULAR ACCE~~
Parking shall be monitored every three months for the first year for
compliance with the parking availability of the auto center. If the
amount of parking allocated to this use exceeds the available number of
spaces, revisions to the business to reduce the parking demand will be
negotiated with the applicant or the matter referred to the City Council
as an annual review.
SIGNS
Any signs proposed for this development shall be designed and approved
in conformance with the Sign Ordinance. Existing signage for the
adjacent business under the same ownership shall comply with the sign
ordinance within 30 days of Council action.
EXISTING STRUCTURES
Existing building(s) shall be made to comply with current building and
zoning regulations for the intended use.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIREO. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Submit plan for alterations to existing sprinkler systems based on
sprinkler spacing for new wall construction. Submit tenant improvement
construction plan through Building Division for detail review of
construction.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
Cal ifornia, this 13th day of December, 1994.
~
~
on Higginson,
A nEST:
I hereby certify, under the penalty
01 perjury, that the above and
loregoing is a true and corred
copy of Resolution Nof-7'LJ-6:2,
as adopted by the City Council of
Poway ~alifornia on the J 3 ti-..
day of ~ ,'9~.
MARJORIE K. W AHLSTEN, CITY CLERK
by~~ 4i
r
r
Resolution No, P-94-62
Page 5
1249
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-94-62 , was duly adopted by the City Council at a meeting of said City
Council held on the 13th day of December , 1994, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
NONE
NONE
NONE
e:\city\planning\report\cup8802m.res